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unit, which is currently not operational, complies with the code where it is behind the rear corner of the house although no tests have been done on the Db level. Mr. Campbell confirmed adding that a new coil has been installed in preparation for the refrigerant requirement of the new unit. Mr. 1dIeder moved, seconded by Mr. Althen, to grant Anthony and Rosemary Hurst of 2845 Wllter Ro1d a variance for the installation of an HVAC condensing unit within the sideyard setback along the uorth side of property, which is in violation of section 1355.03, and a variauce for exceeding maximum permissible sound level for single family residential district at 74 Db, which is in violation of section 555.04. The variance is conditioned upon the installation of landscape screening to reduce noise level. The motion was approved, 3-0. Gail Pirtle; 5096 Whitethorn Ave: 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 south side of property, which is in violation of section 1355.03, and a variance for exceeding maximuin permissible sound level for single family residential district. The code permits 60 Db between 8:00 a.m. to 7:00 p.m. and 50 Db between 8:00 p.m. to 7:00 a.m. The proposed sound level is 71 Db, which is in violation of section 555.04. The Owner Ms. Gail Pirtle was sworn in. She plans to install a declc, patio and hot tub to the rear of the house where the condensing unit would normally be installed. She has not spolcen to the neighbors nor does she have any written statements from thein. Although the Db level is slightly lower than the previous case, Mr. Mitchell has the same concerns; visibility, noise, and the fact that the neighbors have not approved, although he aclcnowledges the suilounding neighbors were mailed notification of the meeting. 1VIr. Althen moved, seconded by Mr. Meder, to grant Gail Pirtle of 5096 dVhitethorn Avenue a variance for the installation of an HVAC condensing unit within the sideyard setback along the north side of property, which is in violation of section 1355.03, and a variance for exceecling maximum permissible sound level for single family residential district at 71 Db, which is in violation of section 555.04. The variance is conditioned upon the instnllation of landscape screening to the front and side of the unit to reduce noise level. The motion was approved, 3-0. NEW BUSINESS Amy Tanski; 6075 Poi•ter 12oad: Request consists of a 36 foot variance for a section of non-conforming fence being installed where two neighbors chain-linlc fence already exists, which is in violation of section 1369.03 (a)(3). Owner Ms. Amy Tanslci was sworn in. She has adopted a retired greyhound racing dog. Cun•ently there is an approxiinate 30" gap between their fence and a neighboring chain link fence in the northeast corner of the rear yard through which the dog could escape. The ability of the dog to jump the chain linlc fence is also a concern. The existing basket weave fence is to be removed and vinyl fencing installed along the north side and the rear of the yard. Currently the 2