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STAFF REPORT To: PlanningConwirission ReportNo.: V1I.4_ From: I<im. Moore -Sykes, Assistant City Manager �(/W Date: September 20, 2005 Subject: P'.roposed. Text Amendment to the City Code to Allow Egress Windows Wells Encroach into Side Yard. Setback Date.Ap dication _Received:_ Atli nistrative I'� erty Address: NA Zoning District; 1Z--1, R -IA; R-2 6Q --Pavy _E_ uires_ NA Requested Action: Consider proposed text: amendment to tr : City's Zoning Code to allow egress window wells as encroachment im more than 3 feet into the side yard or front yard. setback. 131c1.�ri oun d By on r s.on from. dh, 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. Sect on "t600.03 Uses Not Specified states that if a use is not specifically perinitted, pernhitted. by conditional use perrni.t or prohibited, the use will be considered prohibited; and Section 7.650.03 Encroachments :ixh Yards, does not include egress window wells as m. allowed encroachment. This suunrfrer, Staff has received ns.any requests to be allowed to install. egress window wells in setbacks. Irh 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 Staff's requests for information indicated that they do not have anything irh 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 departm.ent'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 wind.ov\r 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 I lie setback of'a lot. Some cities, like New Brighton, address requests through the building inspections depa:riment to install egress windows in the setback on a case-by-case basis. H:\Plamltng\Staff Rcports\2005\09202005 Egress Text Amd to Code.doc