10-16-2023 Planning Commission Packet

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1513 BAY RIDGE ROAD ORONO, MN 55391 APPEAL NARRATIVE Robert S. Tripp Snyder, the owner of 1513 Bay Ridge Road, Orono, MN 55391 applied for and received a building permit to replace the existing deck attached to the lakeshore side of the property. The original plan showed the stairs from the deck proceeding from the northeast corner of the deck to an existing concrete landing. The deck work passed the foundation and framing inspections. When the inspector noticed where the stairs would meet the existing concretelanding he indicated that the plan as built for the stairs would require a complete re -construction of the existing landing, as the landing area did not meet current city code. Because of the way the landing intersected with the remaining concrete stairs, increasing the size of the landing to meet code would have required a complete reconstruction of the remaining concrete stairs leading to the flagstone fire pit area. It was decided that a safer way to exit the new deck would be stairs going from the same corner of the deck, but proceeding down from the deck in an easterly direction which was toward the lake. This relocation of the stairs resulted in the ability to make the stairs wider and intersect a flat landing area well over six feet wide and deep. When the inspector saw the revised stairs, he indicated that the revised stair plan was in violation of the Average Lake Setback requirement, as it proceeded approximately two feet farther towards the lake than the previous stairs did, and indicated that the deck would fail its inspection with the current stair location. Upon hearing this, Mr. Snyder researched the city code, specifically Section 78-1279, Paragraph 6, which specifically exempts stairs from the Average Lake Setback requirements. This was pointed out to the city planner in an email and again in a personal visit. The planning department is taking the position that the stair exemption applies only to stairs going down to docks. This position is in direct contradiction to the clear wording of Code Section 78-1279 Paragraph 6, which does not refer to docks at all, but does refer specifically to decks and stairs. Mr. Snyder asks the Planning Commission and the City Council to rule that the clear wording of Code Section 78-1279 Paragraph 6 exempts stairs from the Average Lake Setback requirements, and thus the deck with its revised stair placement should pass its final inspection.