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Memorandum Date: September 16 To: Kim Moore -Sykes From: Greg Schmit Subject: Basement egress window area well setbacks I have not been considering the area well as an encroachment into the side yard setback areas for the following reasons. • Egress windows, of a specific minimum size, are a life -safety requirement of the building code, when finishing habitable space in a basement. When these windows are below finished grade, they require a specific minimum size area well in order to provide for occupant egress and firefighter ingress. It is generally accepted in code administration that a specific life- safety code requirement should take precedence over a general zoning code requirement. Zoning setback requirements are generally not based on life -safety issues. • Structures are prohibited in the setback areas, however retaining walls are specifically exempted from the definition of structures. Reference St. Anthony Zoning Ord. 1605.01, Subd.72. I feel that an area well more closely matches the definition of a retaining wall than that of a structure. • 1605.01 Subd. 17 states that setback distances are measured to "the building," not to the overhangs, projections, etc. I don't consider the area well as being" the building. " • 1605.01 Subd. 84 states that measurement is to the "principal building." • There is an extensive list of allowable encroachments into yards in section 1650.03, paragraphs (a) thru (h). I don't believe that when this ordinance was authored, area wells of this size, (3'x 3' minimurn), were in common use, or even contemplated. If they had been, presumably they would have been included as an exception. • It is feeling of the code community that providing for the safety of the building's occupants is the primary consideration. People will continue to finish, and inhabit, basements. I would rather have them do this work with a valid building permit, and a compliant egress window, than have them avoid the permitting process due to overly restrictive zoning requirements.