1005 PACIFIC AVE 2016-01-01 MF Import

Puget Sound Ridny Ceater Appeal Psge -3- 2. Located on the eaet aide of the building srhere it fronts an alley betreea Federal Avenue and Naeeau Avenue is an HVAC unit far the building. The air-conditioning unit was inatalled to provide air-co�itioning and air circulation for the tenanta of the building, including the Puget Sound Ridney Center. 3. On April 27� 1988, an adjoining property m�ner, Loren Dierkhiseing� 1011 Pacific Avenue. Everett, Washiagton, filed a noise coaplaint xith the Safety a� Noisa Adainistrator of the City of Everett. The basis of the casplaint wae that the noise emaoating from the building on the aubject ptoperty was in ezceas of the penissible noiee levale allored (55 dBA). The principal source of the nolae vae the RVAC unit. 4. The eubject prnperty is located in a District One Noiae Control Dietrlet. The Everett Municiprxl Code (F.MC) 20.08 eatabliahee that Dietrict Unn Noise Coatrol Dietricte are reaidentially aoned dietricts. 5. EMC 20.08.190 eatabliahea ehe noiee etandazde for Dietsict One Noi�e Control Districta. The mazimum peiuiseible noiee levels for noi�ns emanating from one property to another property ie 55 dHA. F!!C 20.08.050 reduces the mazimum level of 55 dBA by 10 dBA betwean ehe hours of 10:00 p.m. and 7:00 a.u. during vnekdaye and Letneen 1Os00 p.s. and 9:00 a.m. on weekende and holidaya. Thn allowed etandarda for tha�e periods are 45 dBA. 6. Pureusnt to the rnqueae of Mr. Dierkhissing, the City conducud tetts at the sub�ect property rf.th calibrated equipoent. At 11:48 a.m. to 11:53 a.m. on January 18, 1969, the arrerage decibel reading �ras 56.66 dBA. On May 23, 1989, at 11:40 a.m. to 11:45 a.m. the average decibel rneding wae 55.17618 dBA. On June 1, 1989. at 11:20 a.m. to 11:15: a.a. the avnrage decibel reading wae 62.41977 dBA, and on July 19, 1989, at 3:20 p.m. to 3:25 p.m. the average decibel reading wae 62 plus dBA. All of thaae decibel readinge rere conducted ahile ehe HVAC unit located on the I eut aide of the building was in operation. i 7. Because the decibel readinga ae eet forth in the previous Fi�1og wern in violation of the provisiom of EHC 20.08.040 and 20.08.050, the Cit� � of Everett iesuad a Notice of Violatioa. In said notice the AppellanC ws orderM and directed to correct the operation of the HVAC unit at the eubject prnpertq and vae ordered to bring it xithin noiee and eouod operating levala required bq the above cited ordinancee. Further, tha Appellant �rae directed to inetall a aound atteauatian kit upon the cooling to�rer aerving the HVAC at the eubject property. As an alternative the Appellant xae directed to install a epeed drive to elimiaate start-up noise and modulate the epeed in accordance vith the true load on the tover. Theee reaediee rere identified in a nolee report doae on the sub�ect property.