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File #: RES PH 22-3    Version:
Type: Resolution-Public Hearing Status: Passed
In control: City Council
Final action: 1/19/2022
Title: Approving the request for a sound level variance for Nor-son Construction to allow for construction at 170 Western Avenue S.; beginning January 15, 2022 through March 4, 2022;
Sponsors: Rebecca Noecker
Ward: Ward - 2
Attachments: 1. Application, 2. ENS, 3. Map, 4. Owners list, 5. Notice to Owners, 6. Letter to Applicant, 7. RES PH 22-3 - Jane Lang, 8. RES PH 22-3 - Novare Counseling Center, 9. RES PH 22-3 - Novare Counseling Center video, 10. RES PH 22-3 Briah Anson, MA Photo 1, 11. RES PH 22-3 - Briah Anson Photo 3, 12. RES PH 22-3 - Briah Anson, MA Photo 2, 13. RES PH 22-3 - Briah Anson Photo 4, 14. RES PH 22-3 - Briah Anson, MA Expenses, 15. RES PH 22-3 - Briah Anson, MA, 16. RES PH 22-3 - Banfil Office Court, 17. Edmund Email, 18. 170 Western Ave S Sound and Vibration Mitigation Plan 12-16-21, 19. 555 Monitoring Records, 20. 557 Monitoring Records, 21. MacDonald Mont. Monitoring Records, 22. Vibration and Sound Mitigation Site Plan, 23. Winlsow Introduction Letter, 24. RES PH 22-3 - Bigos Management, 25. Ord 22-3 - Brennan Malanaphy, 26. RES PH 22-3 Brennan Malanaphy
Title
Approving the request for a sound level variance for Nor-son Construction to allow for construction at 170 Western Avenue S.; beginning January 15, 2022 through March 4, 2022;

Body
WHEREAS, Chapter 293 of the Saint Paul Legislative Code was enacted to regulate the subject of noise in the City of Saint Paul; and

WHEREAS, §293.09 provides for the granting of variances from the sound level limitations contained in §293.07, upon a finding by the City Council that full compliance with Chapter 293 would constitute an unreasonable hardship on the applicant, other persons or on the community; and

WHEREAS, Nor-Son Construction represented by Chris Emond, Sr. Project Manager, who has been designated as the responsible person on the application, has applied for a variance, at a requested sound level limit of 95 decibels (dBA) at 50 feet from sound source, for construction work, with use of dump trucks and drilling equipment during the construction project beginning January 15, 2022 through March 4, 2022; and

WHEREAS, applicant is seeking a variance for the hours of 7:00 a.m. to 5:00 p.m., beginning January 15, 2022 through March 4, 2022 during construction; and

WHEREAS, if applicant is not granted a variance applicant will not be able to present amplified sound at 170 Western Avenue S.; and

RESOLVED, that the Council of the City of Saint Paul hereby grants a variance to Nor-son Construction for construction work, subject to the following conditions:

1) The Variance shall be for the hours of 7:00 a.m.to 5:00 p.m., beginning January 15, 2022 through March 4, 2022.

2) All powered equipment used in conjunction with the construction shall not exceed 95 dBA as measured at 50 feet from the sound source.

3) The applicant shall use best practicable methods for controlling noise, such as, but not limited to noise blankets, shields or portable sound barriers. Construction activities should be scheduled to minimize noise as much as possible.

4) The ap...

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