Resident urges action over years-long noise, alleges outdoor business activity at 131 Orchard Street

Kathy Durbin, a resident who lives near 131 Orchard Street, urged the council to address what she described as ongoing outdoor work, loud metal-cutting and a continuous rotation of items coming into and leaving a neighbor’s driveway, a problem she said has persisted since 2019.

“The noise is loud — if he has to wear ear protection, that’s loud,” Durbin said, adding that she has repeatedly asked for quieter, more residential-appropriate activity. She told council members she had documented the rotation of trailers, appliances and metal and said the activity sometimes generated what she argued could be a public-peace and zoning violation.

Neighbors who spoke in the meeting disputed Durbin’s characterization. One neighbor said the items on his property were for “personal use” and denied operating a business from the driveway. Council members examined the city code and noted that home occupations are permitted when “fully enclosed within a building,” while outdoor, nonenclosed work can raise a zoning question. The chair read a local code provision cited during discussion: Chapter 40.03 (disorderly conduct), section 2, which penalizes loud or disruptive noises that cause unreasonable distress to nearby occupants, but council members noted the code provides no explicit quiet hours.

After discussion, council directed staff and counsel to send a letter to the property owner informing them of the ordinance language and the concern raised by the complainant. Council members also agreed to table broader ordinance changes and directed staff to review other municipalities’ noise ordinances (examples cited during the meeting included Cedar Rapids, Iowa City and Fairfax) and return with options.

The council did not take punitive action at the meeting. The formal next step is the letter to the property owner and a staff review of code options; council said it would revisit the matter after that review.