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STAFF REPORT <br /> To: Planning Commission 01� <br /> Report No.: VIII.2 <br /> From: Kim Moore-Sykes, Assistant City Manager Date: August 16,2005 <br /> Subject: Proposed Text Amendment to the City Code to Allow Egress Windows Encroach into Side <br /> Yard Setback <br /> Date Application Received: NA;Concept Review <br /> Property Address: NA <br /> Zoning District: R-1, R-1A; R-2 <br /> 60-Day Expires: NA <br /> Requested Action: <br /> Review proposed text amendment to the City's Zoning Code to allow egress windows as encroachment no <br /> more than 3 feet into the side yard or front yard setback. <br /> Background: <br /> By omission from the St. Anthony Zoning Code,egress windows are not a permitted use or allowed as an <br /> encroachment into the side yard setback of the R-1 Zoning District. Section 1600.03 Uses Not Specified <br /> states that if a use is not specifically permitted,permitted by conditional use permit or prohibited,the use <br /> will be considered prohibited; and Section 1650.03 Encroachments in Yards, does not include egress <br /> windows as an allowed encroachment. <br /> This summer,Staff has received many requests to be allowed to install egress windows in setbacks. In <br /> many situations,the yard generally is sufficient to allow for this installation without going into the setback, <br /> side yard or front yard. And in these situations, the building inspector oversees the installation to ensure <br /> proper placement and dimensions as required by the building code. <br /> All the cities that responded to Staff's requests for information indicated that they do not have anything in <br /> their zoning ordinances that specifically address egress windows in the setback because it's more of a safety <br /> issue. As such,egress window wells are mostly allowed by their city's policy. <br /> The Cities of Blaine,Hopkins and Lexington have adopted policies that are based on the MN Building <br /> Codes for encroachments into the side or front yard for egress windows. Staff has not been able to locate <br /> any ordinances that have language that address egress window requirements or restrictions in the setback <br /> of a lot. Some cities,like New Brighton,address requests to install egress windows in the setback on a case- <br /> by-case basis. <br /> Proposed Text: <br /> Consequently,Staff found no clear-cut way of dealing with egress windows for other metro communities. <br /> Simply adding egress window wells to the already existing ordinance text would be the easiest text <br /> amendment: <br /> H:\PIanning\Staff Reports\2005\081605 Egress Text Amd to Code.doc <br />