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HomeMy WebLinkAboutEx10_Variance JustificationVARIANCE REQUEST JUSTIFICATION The Hearing Examiner will base a decision on the specific variance criteria shown below. Please respond to these criteria; use a separate sheet if needed. 1. That the applicant suffers practical difficulties and unnecessary hardship, and the variance is necessary because of exceptional circumstances applicable to the applicant’s property or project, and that the strict application of this Chapter will deprive the subject property owner or applicant of rights and privileges enjoyed by others. WSDOT is requesting this variance to complete emergency pavement repairs along this section of SR 900 that serves local business and residents withing the authority of City of Renton. Traffic Management assessed that daytime closures, full or partial, to perform this work would have the potential negative effect not only on the daily short trips including but the local business circulation and delivery, pedestrian, school, and Metro buses. Consequently, working at night will avoid hardship and challenges to city of Renton residents and businesses and transit and school bus drivers to be able to maintain travel times and local street /arterials circulation during business hours. Working at night is the best way to minimize negative of daytime highway closures effects because of construction which would only exacerbate the existing traffic conditions mentioned above. WSDOT contractor will provide a safe and efficient movement of people, goods, and services through and around any closures on the project, while minimizing negative impacts to residents, commuters, and businesses. Night work will not deprive property owners and occupants of rights and privileges enjoyed by others. 2. That the granting of the variance will not be materially detrimental to the public health, welfare, or safety, or unduly injurious to the property or improvements in the vicinity of the location for which this variance is sought. Temporary nighttime construction is one of the few tools that WSDOT applies to lessen traffic congestion and disruption to highway users while improving the roadway. This emergency repair is necessary to ensure the structural integrity of the highway pavement avoiding further damage that would require additional repair. This emergency repair will ensure that City of Renton residents and highway users may drive safety during the upcoming winter season. In general, construction equipment will be noticed by residents from any source as it propagates and diminish over distance as follows: a 6-dBA noise level decrease will occur with every doubling of the distance from a stationary noise source. For example, a noise level of 70 dBA measured at 50 feet would be 64 dBA at 100 feet, 58 dBA at 200 feet and 52 dBA at 400 feet. Noise also decreases if an object interferes with the receiver’s line of sight to the noise source. Noise levels projected for this project will range values between 58 dBA to 76 dBA at 100 feet. Nighttime background traffic noise levels on SR900 average estimated are 64 DBA to 66 DBA. Paving and repair operations consist of mobile equipment that as they complete the work the noise source dissipates with distance so granting the nighttime variance will not be detrimental to the public health, welfare or safety or damaging property in the vicinity where the project will occur. Consequently, residents will not notice the construction work for any prolonged period of that time there is any possibility that the public health or safety will be diminished. If any noise related complaints are received, the contractor along with the agency will implement noise mitigation measures listed in this submittal. 3. That the variance sought is the minimum variance which will accomplish the desired purpose. The requested noise variance will allow the WSDOT contractor to accomplish this work in the minimum number of nights required to complete all the listed paving Site Plan. This request includes 8 non-consecutive nights in total considering the replacement of traffic loops if during paving operations are damaged. 4. That the variance contains such conditions deemed to be necessary to limit the impact of the variance on the residence or property owners impacted by the variance. The variance approval may be subject to conditions including, but not limited to, the following:  Implementation of a noise monitoring program. The city of Renton has waived this requirement to only perform nighttime noise monitoring if construction noise related complaint is collected by WSDOT noise complaint line.  Maximum noise levels. Noise levels projected for this project will range values between 58 dBA to 76 dBA heard at 100 feet. Nighttime background traffic noise levels on SR900 average estimated are 64 dBA to 66 dBA. However, the paving and repair operations consist of mobile equipment that as they complete the work the noise source dissipates with distance.  Limitation on types of equipment and use of equipment. N/A  Limitation on back-up beepers for equipment. WSDOT contractor construction equipment will be equipped with non-pure tone back up alarms. Non-pure tone is the patented “broadband alarm,” where the tone peaks are “flattened.”  Required use of noise shields or barriers. If placement of temporary noise shields is feasible, WSDOT contractor will place them around stationary equipment.  Restrictions to specific times and days. WSDOT contract will not allow work during festival and events identified by the City of Renton.  Specific requirements for documentation of compliance with the noise variance conditions. N/A  Specific requirements for notification to nearby residents. Residents and business within 500 feet from work zone will be notified 7 days before nighttime work start.  Required cash security to pay for inspection services to verify compliance. N/A  Required access to the project by the city to verify compliance with the noise variance conditions. City of Renton inspectors shall follow security and safety protocols set forth by WSDOT Contractor they may access work zone.  Specific program to allow for temporary hotel vouchers to effected residents. Yes, WSDOT will provide temporary hotel vouchers if ear plugs, and white noise machines are requested and used for at least one night.  Requirements for written verification that all workers understand the noise variance conditions for the project; and WSDOT will provide onsite training to WSDOT contractor to understand the conditions under which city of Renton have granted the variance.  Provision allowing the City to immediately revoke the variance approval if the variance conditions are violated. Upon confirmation of the Complaint or Noise Code Violation, City of Renton will email WSDOT by email or call within 24 hours of the violation occurrence. 5. The importance of the services provided by the facility creating the noise and the other impacts caused to the public safety, health and welfare balanced against the harm to be suffered by residents or property owners receiving the increased noise permitted under this variance. WSDOT is planning an emergency pavement repair project to repair the affected sections of SR 900 with hot mix asphalt. The criteria that resulted in an emergency determination are as follows: • Governor puts out a Proclamation declaring an emergency for the damage due to the excessive cold temperature and allows WSDOT to seek funding for repairs • WSDOT declaration of emergency allows us to get a contractor on board using an emergency process • Maintenance did a temporary fix but there is still a risk of imminent threat to traveling public due to potential for vehicles dislodging chunks of concrete pavement • This project will be a permanent fix to remove the imminent threat. Based upon the Governor’s emergency project, this project will not cause impacts to the public safety, health, and welfare nor harm will be suffered by the residences or properties due to the temporary increase over the 47 dBA permitted under the City of Renton Code. 6. The availability of practicable alternative locations or methods for the proposed use which will generate the noise Based upon provided on attachment documentation about Emergency declaration. C_Governor's Emergency Proclamation_01082022_v1 7. The extent by which the prescribed noise limitations will be exceeded by the variance and the extent and duration of the variance. Noise levels produced by mobile construction equipment will range values from 58 dBA to 76 dBA at 100 feet from the source of the noise. These sound levels are expected to diminish as paving operation are completed in front of residential clusters. A total of 8 non-consecutive nights, however, Contractor may be able to reduce number of nights based upon materials, equipment, and crews’ availability.