Can it not be build purposefully on the outside to be a nice balcony on the inside? A door that serves an even better purpose. Maybe a French door/ garden door or patio doors to open the area up to a balcony that will extend the kitchen?

Not sure. We can ask the architect if it can be a small balcony with the fire escape stairs coming off of that

I need more info and also see what the outside looks like. Why was this not an issue at the beginning of the renovation where it could have been planned ? I think now if the door is designed well it could look like the window it is replacing , not perfect but I think all you can do . So just so I am understanding there will be a fire escape ladder or stairs outside this door?

The builder tried to get a variance from the city to use the existing fire escape. I think they thought the city would agree, Unfortunately it was denied. The new fire escape needs to be a full set of stairs with a landing not just a ladder.

I really do need to see the exterior and shame on your builder for not doing this right .

Here are the two options presented to showing the impact on the back. We are the top unit so the deck downstairs is our neighbors which obviously impacts her even more.

Here are the two plans. The first is with the door in the kitchen and the second is the original

Definitely come off the smaller window since it is naturally a walkway in your kitchen. The window next to the fridge is silly as far as making sense to the interior. I feel off the kitchen is a great option especially since it does not cross windows. Keep the top deck flat till it passes the other window before descending. I feel it could look like more of a balcony if putting a nice door where the smaller window is. Last thought, why onto the lower neighbors deck instead of straight onto the ground?

Do you live in both the top two floors?

Yes we do

I would go with option #1 to not use up vital space in Kitchen area. Trim it out just like the window and use the roman shade above it and I don't think most people would think about it.

These things are so much more complicated than they seem to lay people so forgive the pedestrian doodling. Rise and run are tightly controlled for fire escapes, but it seems so clear that the best option would be to take the fire escape off the little roof deck down the short windowless side of the building. You might be able to do that if you can build out to the full width as you do in option 1 with that landing. Just a thought.