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