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BOARD OF BiJILDING CODE APPEALS CITY OF NORTH OLMSTED 1VIINU'I'ES FOR JUNE 17, 2010 ROLL CALL The meeting was called to order at 5:33 p.m. in Council Chambers. Present: Donna Sabo, Norman Althen, BJ Meder Absent: Robert Lipcsey, Dan Jarachovic Staff: Building Commissioner Dale Mitchell, Planning Secretary Tricia Granfors 1tEVIEW AND CORRECTION OF MINUTES Mr. Althen moved, seconded by Mrs. Sabo, to approve the May 20, 2010 minutes which were approved 3-0. OLD BUSINESS Anthony & Rosemary Hurst; 2845 Walter Road: Request consists of installing a HVAC condensing unit. Two variances are requested; a variance for installing an HVAC condenser within the sideyard setback along the north side of property which is in violation of section 1355.03, and a variance for exceeding maximum permissible sound level for single family residential district. Code permits 60 Db between 8:00 a.m. to 7:00 p.m. and 50 Db between 8:00 p.in. to 7:00 a.m. The proposed sound level is 74 Db, which is in violation of section 555.04. The owner Mrs. Rosemary Hurst and contractor Paul Campbell of Air Rite were sworn in. Mrs. Reed said she is planning on building an addition to the rear of the house. Installing the HVAC condensing unit on the side of the house will eliininate the need, complication, and additional expense of moving the unit during the construction project. Her research revealed that many, 28 or inore, neighbors also have their units on the side of the house. Her neighbor on that side has submitted a letter in writing stating she has no objections to the proposed placement. Mr. Paul Campbell of 462 Clague Road, Bay Village, Ohio, said the Bryant unit to be installed is the quietest single-stage unit Bryant malces, their newest unit and one of their quietest, includes a sound blanlcet, and meets all seasonal energy efficiency rating codes. Mr. Mitchell requests the variance be denied due to t?:e visibility of the location, laclc of landscape screening, and the Db level. Although the current neighbor has approved, a future neighbor inay not. There are ways of installing the condensing unit behind the home that will malce relocating it during the addition construction easier. The other neighborhood units located on the side of the house were possibly installed before the code was passed or without a permit. A location at the rear of the home is moie suitable for this unit. Mrs. Hurst confirmed to Mr. Althen that there is only grass between the homes; there is neither driveway nor landscaping in the 20' between the houses. Mrs. Sabo aslced Mr. Campbell if other inanufacturers offer units that meet the Db requirement; Mr. Campbell said there are not. Mr. Mitchell indicated that reverberation between the homes could be a problem. If the variance is passed he recoininends it be conditional on the installation of landscape screening. The existing