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In speaking with the planning and zoning departments for the cities of Minneapolis and St. Paul, they bq3 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 wellabout people falling into the wells, so have required fencing around the wells .in areas where the setbacl< 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, repoi:ted that they have never required properties owners to attend public hearings on their requests to prove hardship or to consider economic gain as an impedimsnt to the allowance and construction of these structures. It is simply a rr.atter 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. I_'r_o_pj�sed- Tex t: Consequently, Staff found no ordinance language dealing with egress window wells from other metro connmunnties. Simply adding; egress window wells to the already existing ordinance text would be the easiest text amenclnnent: 1650.03 1 ncroachnnen t in Yards. 'rhe follownto are pean acted encroachments rn requ..ir d yards: (i)Any life s few improvement to a residential structure such as egress window wells and/or other _ g d_ - � q �_ gas access_to the clear yard.preserved. similar above r 1de exrtino re un emer so ton, Construction and installation of an egress window well would still require a building permit. This permit ha,ould trigger inspections by the Bu ildvng 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 Plana ng 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 I cress Windows City of Blaine Policy City of Roseville Policy • City of Lexington - Encroachment Ordinance City of Blooixtington - 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 H:APlarming\Staff Reports\2005\09202005 Egress Text Amd to Code.doc