10-16-2023 Planning Commission Packet

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FILE # LA23-000056 16 October 2023 Page 3 of 7 (3) Canopies or roofs are not allowed on stairways, lifts, or landings. (4) Stairways, lifts and landings may be either constructed above the ground on posts or pilings or placed into the ground, provided they are designed and built in a manner that ensures control of soil erosion. (5) Stairways, lifts and landings must be located in the most visually inconspicuous portions of lots, as viewed from the surface of the public water, assuming summer, leaf -on conditions, whenever practical. (6) Facilities necessary to provide shore area access to physically handicapped persons shall be allowed, provided that the dimensional and performance standards of subsections (1)—(5) of this section are completed in addition to the requirements of the Minnesota Regulations, chapter 1340. (7) A building permit shall be obtained for construction of stairways, lifts and landings regardless of whether such improvements are constructed above, at or below grade. Appeals Procedure Planning Commission should hold a public hearing and make a decision on the owner's request. The Commission's decision is binding. The owner may appeal the Commission's decision to the City Council as indicated below. Sec. 78-99. Appeals procedures. The decisions of the board on requests for variances are advisory and will automatically proceed to the council for review. The decisions of the board on appeals are binding. The applicant or other person or officers of the city affected mU appeal a binding decision of the board to the council by filing a written notice stating the action appealed from and stating the specific grounds upon which the appeal is made. The notice shall be accompanied by a fee in the amount prescribed by the current city fee schedule payable to the city, which fee shall not be refundable. An appeal under this section shall be filed no later than ten days following the decision of the board. Failure to file an appeal within ten days of the decision shall constitute a waiver of the person's right to a hearing. (a) All decisions made by the city regarding zoning shall be final, except that any aggrieved person shall have the right to appeal within 30 days after delivery of the decision to the appellant, to the District Court in Hennepin County. Any person seeking judicial review under this ordinance must serve the city and all necessary parties, including any landowners, within the 30-day period defined above. Staff Recommendation (Appeal) Staff recommends the Planning Commission uphold the staff interpretation of Section 78-1279. The options available to the Planning Commission are: 1. Staff was correct in applying the zoning ordinance; the deck stair may not be located within the average lakeshore setback and would require variance approval to keep them. 2. Staff was incorrect in applying the zoning ordinance; the deck stair is permitted within the average lakeshore setback with the building permit. The Commission could suggest that an ordinance amendment is appropriate which would clarify the language in question.