11-13-2023 City Council Agenda Packet

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AGENDA ITEM Prepared By: mcc Reviewed By: LLO Approved By: 1. Purpose. This application is regarding after-the-fact variances for a replacement deck. 2. MN§15.99 Application Deadline. The application was received on September 20, 2023 and considered to be complete on September 21st. Therefore the 60-Day review period expires on November 20, 2023. 3. Background/ Summary. In June, the property 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 B and C for plans and photos.  During an inspection, the owner informed Inspector Gary Nelson that the new deck had been elevated from the existing, approximately 7-8 inches, so that the deck was equal to 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 original 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 meet building code requirements. To address this, the owner turned the stair 90o toward the lake and widened the treads by 1 foot, 4 inches to increase safety. The taller stairs and new footprint orientation are considered 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 against the home. 4. Variance Description. The newly constructed deck is approximately 8-inches higher than the previously existing deck, which is considered to be an expansion in the average lakeshore and side yard setbacks. The deck is set back 8.5’ feet from the side lot line where a 12-foot setback is required. The deck was nonconforming with respect to the average lakeshore setback by approximately 5 feet prior to the construction of the new home to the south at 1525 Bay Ridge Road. The entire deck and an approximate 800 square foot portion of the home on the southeast corner became nonconforming in 2019; see the 2018 and current aerial photos attached as Exhibit C. 5. Planning Commission Vote and Comment. On October 16, the Planning Commission held a public hearing. Comments from the public were provided by the neighbor to the north who also provided written comments (Exhibit E). Following the public hearing, the Planning Commission voted 6 to 0 on a motion to approve the after-the-fact variances. Item No.: 21 Date: November 13, 2023 Item Description: #LA23-000058, Robert “Tripp” Snyder, 1513 Bay Ridge Road, After-the-Fact Variances – Resolution No. 7426 Presenter: Melanie Curtis Planner Agenda Section: Consent Agenda