10-16-2023 Planning Commission Packet

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FILE # LA23-000056 16 October 2023 Page 2 of 7 APPEAL APPLICATION ANALYSIS Background During the building permit inspection process, Inspector Nelson noted the construction was a slight departure from the in -kind rebuild. The project was stopped and the owner was notified of the issues. Specifically, at that time the primary issue identified was the change in stair configuration. Due to the deck's location within the average lakeshore setback, the reconstructed deck should have been an exact replacement. The owner was notified that the deck stair should revert back to the previous location or an after -the -fact variance would be necessary. The increase in height was discovered through the variance review. The owner has submitted an Appeal of the staff interpretation of City Code Section 78-1279 regarding the denial of the building permit for the new deck stair within the average lakeshore setback. The appeal narrative is attached as Exhibit B. The owner asserts that 78-1279(6) permits all stairs within the average lakeshore setback. The specific language is below. Because the stair in question is an integral part of the deck connected to the home, and not a stair to access the lake or a dock, it is not permitted within the average lakeshore setback. The language in 78-1279(6) referring to "stairways, lifts, landings..." is a direct reference to Section 78-1282(b) in the same Code Division (also included below) and has been consistently applied as such. City Code Sec. 78-1279. Placement of buildings and structures on lots. When more than one setback applies to a site, buildings, structures, and facilities must be located to meet all setbacks. Buildings and structures shall be located as follows: (6) Average lakeshore setback. No principal or accessory building shall be located closer to the Ordinary High Water Line (OHWL) than the average distance from the shoreline of existing principal buildings on adjacent lots; This does not apply to patios and other accessory structures less than 42 inches above existing grade, and/or stairways, lifts, landings, lockboxes, flagpoles and pump houses. Further, the average lakeshore setback shall apply only to classified lakes and shall not apply to tributaries. The average lakeshore setback line shall be a straight line connecting the most lakeward protrusions of the principal buildings on the immediately adjacent lakeshore lots. a. In situations where improvement is proposed on a lot adjacent to a vacant lot or right-of- way, the average lake shore setback shall be equivalent to the setback of the most lakeward protrusion of the principal building on the immediately adjacent improved lakeshore lot. b. In situations where the average lake shore setback line bisects the principal building located on either adjacent lot, the next most adjacent lake side point of the bisected principal building shall be used for determining the average lakeshore setback. If the line continues to bisect the principal building, the next most lakeside point is to be used until the setback line does not bisect the principal building on an adjacent lot. City Code Sec. 78-1282. Driveways, stairways, lifts and landings. (b) Stairways and lifts are the preferred alternative to major topographic alterations for achieving access up and down bluffs and steep slopes to shore areas. Stairways, lifts and landings shall be allowed in the Shore Setback zone and must meet the following design requirements: (1) Stairways and lifts must not exceed four feet in width. (2) Landings for stairways and lifts shall not exceed 32 square feet in area.