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 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 applicant shall provide personnel and equipment who shall provide continuous sound level monitoring during the hours of the variance.
5) All equipment, or similar devices shall be turned off no later than 5:00 p.m. for the March 7, 2022 through May 13 April 4, 2022 through June 3, 2022 construction dates.
6) If the sound level variance is approved, the applicant will notify, in writing, all property owners/residents within 400 feet of the proposed work location. Notice shall be a minimum of forty-eight (48) hours prior to the start of the work.
FURTHER RESOLVED, that any violations of the conditions set forth above on the March 7, 2022 through May 13 April 4, 2022 through June 3, 2022 dates may result in denial of future requests for the grant of a noise variance, in addition to any criminal citation which might issue.
Required Background Information
Nor-Son Construction represented by Chris Emond, Sr. Project Manager, has requested an exemption from the sound level limitations in Chapter 293.07 in order to present amplified sound, with limitations, from 7:00 a.m. until 5:00 p.m., March 7, 2022 through May 13 April 4, 2022 through June 3, 2022 during construction. Chapter 293.09 provides for the granting of variances from the sound level limitations contained in Chapter 293.07.
Was proper notice given? YES - See Attachments