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City Council Regular Meeting Minutes September 23, 1997 • Page 3 1 After discussion, the Planning Commission did not believe the request satisfied the three 2 conditions required by State Law to grant a variance. The Planning Commission was 3 sympathetic to Mr. Preussner's situation and suggested some options for resolution of the 4 problem. One of the Commissioners had spoken with the neighbor and she was intending to 5 install a new air conditioner. 6 Commissioner Bergstrom reported the Planning Commission recommended denial of the 7 variance request based on the determination that it did not meet the conditions of hardship 8 required to grant a variance. 9 Bernard Preussner, 3209 Skycroft Drive, stated the neighbor had installed a new air 10 conditioner last Saturday but it creates the exact same problem as the old unit. He stated he 11 wanted to be able to use his master bedroom. He noted it is his expense to install the noise 12 barrier, not like freeway barriers for which we all pay. 13 Mayor Ranallo noted that the Management Assistant and the Public Works Director had 14 checked the noise level of the new air conditioner and they reported the noise of the airplanes 15 and the noise from Highway 35W was much louder than the noise of the air conditioner. 16 Mr. Preussner stated it depended on the time of the day. Councilmember Marks suggested the City could possibly help with the negotiations between 18 the two neighbors through mediation. 19 Mayor Ranallo stated the neighbor, Mrs. Gable, would like to see some bushes planted around 20 the air conditioner if that would help alleviate the noise problem. 21 Mr. Preussner stated this has been a problem since the beginning of the summer and now the 22 City is telling him to plant bushes and for the neighbor to get a new air conditioner but won't 23 allow him permission to erect a noise barrier. He stated he will have to take different steps. 24 Councilmember Wagner stated bushes were the logical noise barrier and the typical solution 25 to this type of problem. 26 Mr. Preussner stated there is 10 feet between the house and the property line and the house 27 has a 3 foot overhang. He questioned where he would plant an 18 foot high bush. 28 Councilmember Wagner asked if the shed had been 18 feet high. 29 Mr. Preussner stated it had not but the shed had an overhang. He stated he had tried to be 30 nice and asked the Council what they would do in his situation. Mayor Ranallo explained that the Planning Commission could not find a reason to grant a 2 variance to erect an 18 foot high fence. He suggested the possibility of mediation.