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Recreational 300 feet 32 <br /> Development <br /> Natural Environment 400 feet 16 <br /> K. Fences. Fences not exceeding 36 inches in height may be <br /> constructed within the OHW setback area so long as the fencing is <br /> transparent. Fences not exceeding 72 inches in height may be <br /> constructed up to the OHW setback area. Under no circumstances <br /> shall a fence be constructed closer than 10 feet from the surface of <br /> a public road and in all cases not within the public right-of-way. <br /> Materials shall consist of usual fencing materials with posts and <br /> fence of metal,wood, concrete,brick or smooth wire. Barbed or <br /> electrified wire is prohibited. <br /> Section 17-11.7 VARIANCES <br /> 6. Variances shall be decided within the required time frame with consideration <br /> for the following: <br /> A. The applicant establishes that there are practical difficulties, as <br /> defined in this ordinance,in complying with the official control, and <br /> B. The plight of the landowner is due to circumstances unique to the <br /> property not created by the landowner, and <br /> C. The deviation from the Ordinance with any attached conditions <br /> will still be in harmony with the general purposes and intent of the <br /> Ordinance and the Comprehensive Plan, and <br /> D. The variance will not create a land use not allowed in the zone, and <br /> E. The variance will not alter the essential character of the locality, <br /> and <br /> F. The variance is not for economic reasons alone,but reasonable use <br /> of the property does not exist under the Ordinance. <br /> Practical Difficulties. The property owner proposes to use the property in a <br /> reasonable manner not permitted by an official control; the plight of the <br /> landowner is due to circumstances unique to the property not created by <br /> the landowner; and the variance,if granted,will not alter the essential <br /> character of locality. Economic considerations alone do not constitute <br /> practical difficulties. Practical difficulties include but are not limited to, <br /> inadequate access to direct sunlight for solar energy systems. <br /> Pequot Lakes Staff Report 3.1-8 <br /> March 17,2022 <br />