10-16-2023 Planning Commission Packet

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Date Application Received: 09/20/2023 Date Application Considered as Complete: 09/21/2023 �0 60-Day Review Period Expires: 11/20/2023 O To: Chair Bollis and Planning Commission Members , Adam Edwards, City Administrator t G �xE5HO4� From: Melanie Curtis, Planner MCC Date: 16 October 2023 Subject: #LA23-000058, Robert "Tripp" Snyder, 1513 Bay Ridge Road Public Hearings: 1. Appeal of Staff Interpretation of City Code Section 78-1279(6) regarding Average Lakeshore Setback 2. After -the -Fact Average Lakeshore Setback and Side Yard Setback Variances Application Summary: The owner has filed two, separate applications, each requiring a public hearing: • An appeal of the staff interpretation of the deck stair within the average lakeshore setback (ALS); and • After -the -fact (ATF) approval of an average lakeshore setback and side yard setback variance for the expansion of a reconstructed deck within the setbacks. Staff Recommendation: Appeal: Staff recommends the Planning Commission uphold the staff interpretation of Section 78-1279; and ATF Variances: Staff recommends approval of the setback variances. PROCESS This is an application with two separate parts, each requiring separate public hearings and separate motions: 1.) An appeal of staff's interpretation of the Code; and 2.) ATF Variances for expansion of a deck within the average lakeshore and side yard setbacks. Background In June, the property owner, the owner, submitted a building permit application to rebuild an existing 16' x 24' deck, in -kind. The owner included a description of the project on the application as follows: "Repair and renovation of existing deck. Renovated deck will be the same dimensions". During the construction the City's building inspector noted discrepancies between the previous deck and the deck under construction, see Exhibits D and E for plans and aerial photos. ✓ During an inspection, the owner informed Inspector Nelson that the new deck had been elevated from the existing, approximately 7-8 inches, so that the deck was even with the door threshold eliminating a step down from the home to increase safety. This small deck height increase within the ALS and side yard setback is considered to be an expansion of the volume of the deck within the setback. ✓ The previous deck did not have a guard rail, rather a low bench -like feature was constructed along the perimeter of the deck. The newly reconstructed deck requires a guard rail following MN State Building Code Guidelines. The new railings would be an expansion of the existing deck within the ALS. ✓ The stair on the north side of the deck was reoriented. The previous stairs were set into the deck at the northeast corner and joined a set of stairs which were set into the grade. Due to the height increase the existing stair configuration would not be able to meet building code requirements. To address this the owner turned the stair 90'toward the lake and widened the treads by 1 foot, 4 inches. The tallerstairs and new footprint orientation are an expansion within the ALS. ✓ A second staircase against the home on the south side of the deck was eliminated and the deck was constructed to abut the home.