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D. Fences. Fences not exceeding 48 inches may be constructed between the dwelling fa�ade and the front property line. Dwelling faga.de shall not include decks, entry ways,porches, and other building projections from the principal face of the dwelling. Fences not exceeding 72 inches in height may be constructed from the dwelling fa�ade to the side yard and to the rear yard of a property. Fencing shall only be constructed closer than 10 feet from the surface of a public road with the permission of the Planning Commission and in all cases not within the public right- of-way. Materials sha11 consist of usual fencing materials with posts and fence of inetal,wood, concrete,brick or smooth wire. Barbed or electrified wire is allowed only with the permission of the Planning Commission. Section 17-11.7 VARIANCES 6. Variances shall be decided within the required time frame with consideration for the following: A. The applicant establishes that there aze practical difficulties, as defined in this ordinance, in complying with the official control, and B. The plight of the landowner is due to circumstances unique to the property not created by the landowner, and C. The deviation from the Ordinance with any attached conditions will still be in harmony with the general purposes and intent of the Ordinance and the Comprehensive Plan, and D. The variance will not create a land use not allowed in the zone, and E. The variance will not alter the essential character of the locality, and F. The variance is not for economic reasons alone,but reasonable use of the property does not exist under the Ordinance. Staff Findings: Staff provides the following Findings of Fact for consideration by the Planning Commission: �. The subject property is located at 3�064 Rasmussen Road and is in the "Downtown Mixed Use"zone. 2. The property contains two retail structures, an attached garage, and a second story apartment. 3. Applicant proposes to subdivide by metes and bounds the northern building creating an encroachment of the rear yard setback by Pequot Lakes Staff Report 4(a)-4 April i9,2oi8