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11 <br />REQUEST FOR COUNCIL CONSIDERATION <br />Report Date: October 5, 2005 <br />Agenda Section: V, A <br />Meeting Date: October 11, 2005 <br />ITEM DESCRIPTION: <br />Ordinance 2005-011; Amending section 1650.03 of the St. Anthony City Code to include <br />Encroachment in Yards. <br />MANAGER'S REVIEW: <br />Council is being asked to consider a proposed text amendment to the City's Zoning <br />Code to allow egress window wells as encroachment no more than 3 feet into the side <br />yard or front yard setback. By omission from the St. Anthony Zoning Code, egress <br />window wells are not a permitted use or allowed as an encroachment into the side yard <br />setback of the R-1 Zoning 'District. Section 1600.03 Uses Not Specified states that if a <br />use is not specifically permitted, permitted by conditional use permit or prohibited, the <br />use will be considered prohibited; and Section 1650.03 Encroachments in Yards, does <br />not include egress window wells as an allowed encroachment. Because this is a life <br />safety issue for the residents and potentially for responding emergency personnel, Staff <br />has developed language for the City's ordinance to allow egress window wells to extend <br />into the setback of an R-1 residential structure. This proposed language has been <br />reviewed by the City Attorney and the Planning Commission. <br />STAFF RECOMMENDATIONS: <br />Approval of Ordinance 2005-011; Encroachment in Yards <br />V� <br />Michael Mo on <br />City Manager <br />