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File #: RES 11-875    Version: 1
Type: Resolution-Public Hearing Status: Passed
In control: City Council
Final action: 5/18/2011
Title: Approving the application of the CapitolRiver Council for a sound level variance in order to present amplified music from 6:00 p.m. until 9:00 p.m. on Thursdays - June 9, 16, 23, 30, July 7, 14, 21 & 28, and August 4, 11, 18, & 25, 2011; and to show movies from 9:00 p.m. until 11:30 p.m. on Thursdays - July 21 & 28, and August 4, 11, 18, & 25, 2011 in Mears Park.
Sponsors: Dave Thune
Attachments: 1. SLV Music in Mears Application Form.pdf, 2. Music in Mears SLV ENS Notification.pdf, 3. Applicant SLV Music in Mears Notification Letter.pdf, 4. District Council 17 Music in Mears Notification Letter.pdf, 5. Property Notification Music in Mears Map.pdf, 6. Property Owners Music in Mears Notification List.pdf, 7. Property Owners Music in Mears Notification Letter Example.pdf
Title
Approving the application of the CapitolRiver Council for a sound level variance in order to present amplified music from 6:00 p.m. until 9:00 p.m. on Thursdays - June 9, 16, 23, 30, July 7, 14, 21 & 28, and August 4, 11, 18, & 25, 2011; and to show movies from 9:00 p.m. until 11:30 p.m. on Thursdays - July 21 & 28, and August 4, 11, 18, & 25, 2011 in Mears Park.

Body
WHEREAS, Chapter 293 of the Saint Paul Legislative Code was enacted to regulate the subject of noise in the City of Saint Paul; and

WHEREAS, §293.09 provides for the granting of variances from the sound level limitations contained in §293.07, upon a finding by the City Council that full compliance with Chapter 293 would constitute an unreasonable hardship on the applicant, other persons or on the community; and

WHEREAS, the CapitolRiver Council, represented by Brian Horst, Event Director, who has been designated as the responsible person on the application, has applied for a variance to present amplified music on Thursdays - June 9, 16, 23, 30, July 7, 14, 21 & 28, and August 4, 11, 18, & 25, 2011, and to show movies on Thursdays - July 21 & 28, and August 4, 11, 18, & 25, 2011 in Mears Park; and

WHEREAS, applicant is seeking a variance for the hours of 6:00 p.m. until 9:00 p.m. on Thursdays - June 9, 16, 23, 30, July 7, 14, 21 & 28, and August 4, 11, 18, & 25, 2011, and from 9:00 p.m. until 11:30 p.m. on Thursdays - July 21 & 28, and August 4, 11, 18, & 25, 2011; and

WHEREAS, if applicant is not granted a variance it will not be able to present the amplified music and show movies in Mears Park; and

WHEREAS, the Department of Safety and Inspections has reviewed the application and has made recommendations regarding conditions for the variance; now, therefore, be it

RESOLVED, that the Council of the City of Saint Paul hereby grants a variance to the CapitolRiver Council, subject to the following conditions:

1) The variance shall be for the hours from 6:00 p...

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