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File #: RES PH 18-287    Version: 1
Type: Resolution-Public Hearing Status: Passed
In control: City Council
Final action: 9/19/2018
Title: Approving the application of MN Trio for a sound level variance to present announcements and amplified music on Sunday, September 30, 2018 at Kelly’s Landing for the MN Trio 5K Walk/Run.
Sponsors: Rebecca Noecker
Ward: Ward - 2
Attachments: 1. Application, 2. ENS #1, 3. Map, 4. Notice.to.Owners, 5. List of Owners, 6. Letter to Applicant
Title
Approving the application of MN Trio for a sound level variance to present announcements and amplified music on Sunday, September 30, 2018 at Kelly’s Landing for the MN Trio 5K Walk/Run.

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, MN Trio, represented by Ka Zoua Xiong, has applied for a variance, at no requested sound level limit or distance, to present DJ music and announcements at Kelly’s Landing for the hours of 7:00 a.m. until 2:00 p.m. on Sunday, September 30, 2018 for the MN Trio 5K Walk/Run; and

WHEREAS, if applicant is not granted a variance applicant will not be able to present announcements and amplified music at Kelly’s Landing; 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 MN Trio subject to the following conditions:

1) The Variance shall be for the hours of 7:00 a.m. to 2:00 p.m. on Sunday, September 30, 2018.

2) All electronically powered equipment used in conjunction with the event shall not exceed 85 dBA as measured 50 feet from sound source.
3) The applicant shall provide personnel and equipment to ensure compliance with the sound level variance conditions. The applicant may need to provide a barrier, to act as a sound absorber to contain excess sound from leaving the area.

4) All electronically powered equipment, PA systems, loudspeakers or similar devices shall be turned off no later than 2:00 p.m. on the date of the event.

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