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T � STAFF REPORT To: Planning Commission Report No.: VII.3 From: Kim Moore-Sykes, Assistant City Manager Date: August 16, 2005 Subject: 2909-30th Avenue NE—Variance to Allow Egress Windows in Side Yard Setback Date Application Received: July 22, 2005 Property Address: 2909-30th Avenue NE Zoning District: R-1 60-Day Expires: September 22, 2005 Requested Action: The property owners of 2909 -30th Avenue NE,Marcus and Ramona Steadman, are petitioning for a 3-foot variance to the Zoning Code to be allowed to install an egress window in the 5-foot side yard setback on the west side of their property. BackgEound: By omission from the Zoning Code,egress windows are not a permitted use or allowed as an encroachment into the side yard setback of the R-1 Zoning District. Section 1600.03 Uses Not Specified states that if a use is not specifically permitted, permitted by conditional use permit or prohibited, the use will be considered prohibited;and Section 1650.03 Encroachments in Yards, does not include egress windows as an allowed encroachment. The property owners have reported that the west side yard of their property is the only feasible place for the installation of an egress window as the east side of their house has a drive way and the room that requires the egress window is at the west end of the house. They considered locating the egress window in the front of the house at the suggestion of Staff,but upon investigation discovered that the gas main enters the structure through the front of the house. The front of the house also has a stone facade that the owners have reported as original and would be difficult to replace or repair. Ms. Steadman came before the Planning Commission on July 19,2005 to discuss her plan for the installation of an egress window. The Planning Commission informed Ms.Steadman that currently, the Zoning Ordinance does not allow egress windows in the side yard setback. The Chair indicated that the Commission was reviewing various ordinances for possible revision and that they could look at amending the text to allow for an egress window in the setback,but that that process can be time-consuming. Ms. Steadman was informed about the variance process and those requirements if she wanted to pursue the installation of an egress window. Ms.Steadman indicated that she is concerned with safety issues for the family if they want to use the lower level of the home. A 3-foot variance is required because the minimum dimensions required of an egress window well that would provide access to the outside in the case of an emergency is 9 square feet,according to the information that is provided by the Building Inspector. H:\Planning\Staff Reports\2005\2909 30th Ave Egress Variance 08162005.doc