4.1 Variance to Construct a Dwelling within the Setback of West Twin Lake

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Natural Environment 400 feet 16 K. Fences. Fences not exceeding 36 inches in height may be constructed within the OHW setback area so long as the fencing is transparent. Fences not exceeding 72 inches in height may be constructed up to the OHW setback area. Under no circumstances shall a fence be constructed closer than 10 feet from the surface of a public road and in all cases not within the public right-of-way. Materials shall consist of usual fencing materials with posts and fence of metal,wood, concrete,brick or smooth wire. Barbed or electrified wire is prohibited. 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 are 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. Planning Commission Direction: The Planning Commission can approve the variance, deny the application, or table the request if additional information is needed. If the motion is for approval or denial, Findings of Fact should be cited. Staff Findings: Staff provides the following Findings of Fact for consideration by the Planning Commission: 1. The subject property is located at 4412 Jack Pine Drive and is in the "Shoreline Residential"and"Rural Residential"zones. Pequot Lakes Staff Report 4.1-7 January 20,2022