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