HomeMy WebLinkAbout03/22/1993 Regular
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City of Springfield
Continued Regular Meeting
of March,15, 1993
MINUTES OF THE CONTINUED REGULAR MEETING OF
MARCH 15, 1993 THE SPRINGFIELD CITY COUNCIL
HELD MONDAY, MARCH 22, 1993
The City of Springfield Council met in Continued Regular Session in the
Springfield City Council Chamber, 225 Fifth Street, Springfield, Oregon, on
Monday, March 22, 1993, at 8:00 p.m., with Mayor Morrisette presiding.
ATTENDANCE
Present were Mayor Morrisette, Councilors Adams, Berg, Walters, Burge, and
Schanz. Councilor Maine was absent (excused). Also present were City Manager
Michael Kelly, Assistant City Manager Gino Grimaldi, City Attorney Joe Leahy,
City Recorder Eileen Stein, and members of the staff.
1. Variance Request From the City Code, Section 5-12-8 Noise.
Building Official Dave Puent presented a staff report on this issue.
Section 5-12-8(1), subsection (e) of the Springfield City Code prohibits
the erection, including excavation, demolition, alteration, or repair of
any building between the hours of 6:00p.m. and 7:00 a.m., except upon
special permit granted by the Council.
The applicant is requesting Council permission to work beyond the hour of
6:00 p.m. to construct a residential type structure at 1519 North 6th
Street. Section 5-12-8(1) of the City Code provides in part: "it shall be
unlawful for any person to create, assist in creating, permit, continue or
permit the continuance of any loud, disturbing or unnecessary noise in the
city." It then identifies certain acts that are to be considered in
violation of this section.
This has become an issue because Mr. Nohrenberg on various occasions has
worked beyond the hour of 6:00 p.m. which has resulted in enough public
disturbance that on several occasions, the adjacent neighbors have
contacted the Springfield Police to enforce this section of the code. The
construction activity is taking place in a typical residential neighborhood
where the building setbacks are at, or close to, the minimum 5 foot
distance.
The Council in the past has granted construction activity to continue
beyond the hours of 6:00 p.m. However, Mr. Puent stated that it has only
been granted for large commercial sites that are a significant distance
away from residential property (Gateway Mall), or where a minimum amount of
noise results to residential property (Main Street paving project).
Council asked questions of Mr. Nohrenberg regarding the construction of the
house on his property, communication with the city when complaints were
answered by the police, and relocation of the mail boxes on the site.
Mr. Puent recapped information regarding the agreement between Mr.
Nohrenberg and the city, obligations and time constraints. He also
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Minutes - Continued Regular Meeting
March 22, 1993
Page 2
explained that this item was presented to the Building Board of Appeals.
The decision by the Board was that if Mr. Nohrenberg was allowed the
opportunity to rebuild or complete this structure as opposed to demolition,
Mr. Nohrenberg would have six months to complete the structure and obtain a
certificate of occupancy. Along with that, a certificate of occupancy, Mr.
Nohrenberg was to provide to the city a schedule reflecting the different
phases of construction that would be completed.
IT WAS MOVED BY COUNCILOR BURGE, WITH A SECOND BY COUNCILOR BERG, THAT THE
REQUEST FOR A VARIANCE BE DENIED. THE MOTION PASSED WITH A VOTE OF 4 FOR
AND 1 AGAINST (SCHANZ).
ADJOURNMENT
THE MEETING WAS ADJOURNED AT 8:25 P.M.
Minutes Recorder - Eileen Stein
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