Planning commission backs changing egress-window setback to 3 feet to align with building code

The Hugo Planning Commission on July 25 approved a text amendment to city code (section 90-47) to change the allowed encroachment for egress/window wells from two feet to three feet, a change staff said is intended to align the municipal ordinance with the building code and reduce the need for variances.

Staff member Max explained that building code requires a window well or egress opening of at least three feet, while the city's exceptions to required yard setbacks previously allowed a two-foot encroachment. "The text amendment ... is for the required minimum side yard encroachment to be a distance not exceeding 3 feet," Max said, describing the change as an alignment of codes.

Commissioners noted past cases in which homeowners had to pursue variances to install egress windows when a house had been built to the setback line and a three-foot window well was necessary for a legal bedroom conversion. Rachel (staff) explained the amendment would allow at-grade window wells needed for egress without requiring homeowners to go through a variance process.

A commissioner asked whether the change would affect decks, porches or air conditioners; staff said raised structures such as decks are treated differently and that the amendment specifically addresses at-grade window wells so they can meet building-code egress dimensions.

Following questions and clarifications the commission moved, seconded and voted to approve the ordinance text amendment. The commission recorded a roll-call vote and the motion carried.

What changes next: the amendment, if adopted following the council process, would allow homeowners to install egress-window wells that extend up to three feet into the side yard setback in the cases covered by section 90-47, reducing the number of variances required for basement bedroom conversions and other uses that require a code-compliant egress opening.