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1650.03 Encroachment in Yards. The following are permitted encroachments in required yards: (a) Chimneys,flues, sills,pilasters,lintels,ornamental features, egress window wells and bays which do not extend more than three fee into the yard or closer than three feet from the property line. Construction and installation of an egress window would still require a building permit and inspections by the Building Inspector so there would be some oversight and control over this encroachment into the setback. However,it gives adjacent property owners no opportunity for input on the proposed construction and installation of this type of window by their neighbor. The adjoining property owners may be concerned about the impact this window may have on their property in terms of storm water runoff or the closeness to their property and/or home. Should the Planning Commission and City Council share the same concerns,Staff would then proposed that egress window well encroachments be required to go through a permitting process similar to that required of garages in the side yard or rear yard setbacks. The proposed language is as follows: 1650.03 Encroachment in Yards. Subd. 1 Egress Window Setback Permit. There have been occasions, due to construction or design constraints,that it has become necessary due to safety concerns of bedrooms and habitable spaces in the basement of a dwelling to locate basement egress windows in the side yard of the structure. This in turn requires the adjacent window well for the egress window to possibly encroach into a required side yard setback. An egress window,which will be no larger than nine (9) square feet and have no dimension that is greater than three (3) feet may be located within the side or front yard setbacks if a setback permit has been issued for the egress window under the following provisions of this Section: (a) An application for a setback permit must be made in writing on forms provided by the City and must filed with Assistant City Manager, together with the filing fee in the amount required under Section 615.07 of the City Code. The application must include a survey showing the proposed location of the egress window and the structures on the property adjoining the setback in question. The application must also address the other matters to be considered by the Planning Commission and the City Council,as set forth in Subsection(b) of this Section. The permit application will be considered by the Planning Commission and City Council, and notice of the public hearing will be given, all in the same manner as provided in Section 1665.04 for Conditional Use Permits. After the public hearing by the Planning Commission, the City Council will grant or deny the permit, stating its reasons for doing so. (b) In grantin or r denying the setback permit, the City Council will consider the proximity of the egress window to any structures on the adjoining property,matters of safety, any existing egress windows on the adjoining property, the ability to locate egress windows elsewhere within the structure and any other matters which may be relevant to the degree of encroachment into the setback. (c) If a setback permit is granted,it will run with the title to the property for which it was granted so long as the egress window for which the permit was granted continues to exist. If the structure is destroyed or removed, the permit will automatically expire. HAPlanning\Staff Reports\2005\081605 Egress Text Amd to Code.doc