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STAFF REPORT To: Planning Commission Report No.: VIA From: Kim Moore- Sykes, Assistant City Manager V Date: September 20, 2005 Subject: Proposed Text Amendment to the City Code to Allow Egress Windows Wells Encroach into Side Yard Setback Date Application Received: Property Address: Zoning District: 60 -Day Expires: Administrative NA R -1, R -1A; R -2 NA Requested Action: Consider proposed text amendment to the City s Zoning Code to allow egress window wells as encroachment no more than 3 feet into the side yard or front yard setback. Background: By omission from the St. Anthony Zoning Code, egress window wells 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 window wells as an allowed encroachment. This summer, Staff has received many requests to be allowed to install egress window wells in setbacks. In many situations, the yard generally is sufficient to allow for this installation without going into the setback, side yard or front yard. And in these situations, the Building Inspector and Fire Marshall would oversee the installation to ensure proper placement and dimensions as required by the building code. All the cities that responded to Staffs requests for information indicated that they do not have anything in their zoning ordinances that specifically address egress windows in the setback because it's more of a safety issue. As such, egress window wells are mostly allowed by their city's policy, and usually without the zoning department's consideration. All stated that building permits are required for egress window wells construction so that Building Inspector and Fire Marshall can review the building plans. The cities of Minneapolis, St. Paul, Blaine, Hopkins, New Brighton and Lexington have adopted policies that are based on the MN Building Codes for encroachments into the side or front yard for egress window wells. Staff members for Blaine, Lexington and Hopkins have not been able to locate any ordinances. that have language that address egress window requirements or restrictions in the setback of a lot. Some cities, like New Brighton, address requests through the building inspections department to install egress windows in the setback on a case -by -case basis. H:\Planning\Staff Reports\2005 \09202005 Egress Text Arod to Code.doc