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File #: RES PH 22-32    Version:
Type: Resolution-Public Hearing Status: Passed
In control: City Council
Final action: 3/2/2022
Title: Approving the request for a sound level variance for Nor-Son Construction to allow for construction at 170 Western Avenue South; March 7, 2022 through May 13, 2022. (To be amended to be dates April 4, 2022 through June 3, 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 22-32 - Brennan Malanaphy-Banfil Office Court
Title
Approving the request for a sound level variance for Nor-Son Construction to allow for construction at 170 Western Avenue South; March 7, 2022 through May 13, 2022. (To be amended to be dates April 4, 2022 through June 3, 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 100 decibels (dBA) at 50 feet from sound source, for construction framing work, with use of hand held nail guns and central air compressor equipment during the construction project March 7, 2022 through May 13 April 4, 2022 through June 3, 2022; and

WHEREAS, applicant is seeking a variance for the hours of 7:00 a.m. to 5:00 p.m., Monday through Friday, March 7, 2022 through May 13 April 4, 2022 through June 3, 2022, 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., Monday through Friday, March 7, 2022 through May 13 April 4, 2022 through June 3, 2022, 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 control...

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