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In speaking with the planning and zoning departments for the cities of Minneapolis and St. Paul, they both indicated that egress window wells are allowed no matter what because it's an issue of safety for both the resident and emergency personnel. St. Paul said that the City Council did have concerns as well about people falling into the wells, so have required fencing around the wells in areas where the setback to the property is narrow. Otherwise, if someone falls into a well and the individual is not the property owner, the individual can be cited for trespassing. Michelle Howard of the Minneapolis Planning and Zoning Department said that they viewed the installation of egress window wells the same as St. Paul. She said that both cities have side yard setbacks on some properties that that are 3 to 4 feet from the property lines and they view egress window wells as always allowable because of the safety issues that they address. Ms. Howard, as did the planner from St. Paul,reported that they have never required properties owners to attend public hearings on their requests to prove hardship or to consider economic gain as an impediment to the allowance and construction of these structures. It is simply a matter of safety and they can be installed without planning and zoning review. This seems to be the same procedure for other cities that Staff contacted. Staff also requested memos form the Building Official and the St. Anthony Fire Department regarding egress window wells. Proposed Text: Consequently,Staff found no ordinance language dealing with egress window wells from other metro communities. Simply adding egress window wells to the already existing ordinance text would be the easiest text amendment: 1650.03 Encroachment in Yards. The following are permitted encroachments in required yards: (i) Any life safety improvement to a residential structure such as egress window wells and/or other similar above grade exiting requirements so long as access to the rear yard is preserved. Construction and installation of an egress window well would still require a building permit. This permit would trigger inspections by the Building Inspector and Fire Marshall,which would provide oversight and control over the construction of an egress window well in the setback. Staff recommends that the Planning Commission and the City Council approve the text amendment that allows the construction and installation of any life safety improvement to a residential structure. Expert consideration for these installations should be required from emergency personnel and the building official. Attachments: • City of Hopkins Information on Egress Windows • City of Blaine Policy • City of Roseville Policy • City of Lexington- Encroachment Ordinance • City of Bloomington- Encroachment Ordinance • City of St. Anthony Egress Window Information from Building Inspector • Memo from Greg Schmitt,City Building Official • Memo from John Malenick, Fire Chief HAPlanning\Staff Reports\2005\09202005 Egress Text Amd to Code.doc