Title
Approving the application of Groundswell for a sound level variance in order to present live bands for Grounds and Sounds Art and Music Festival on Saturday, August 20, 2016 at 1340 Thomas Avenue.
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, Groundswell, represented by Andrew Thoreen, Festival Chairman/Organizer, who has been designated as the responsible person on the application, has applied for a variance, at a requested sound level of 50-75 dBA at no specified distance, to present live bands with speakers at 1340 Thomas Avenue on Saturday, August 20, 2016; and
WHEREAS, if applicant is not granted a variance applicant will not be able to present live bands with speakers at the 1340 Thomas Avenue site; 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 sound level variance to Andrew Thoreen, subject to the following conditions:
1) The variance will be for the Grounds and Sounds Art and Music Festival in order to present live bands at 1340 Thomas Avenue on August 20, 2016 from 6:00 p.m. to 10:00 p.m., with a pre-event sound check from 1:00 p.m. until 5:00 p.m.
2) All electronically powered equipment, PA system, loudspeaker or any similar device used in conjunction with the event, will not exceed 75 dBA, as measured 50 feet from any stage or sound source used for music and/or announcements between the hours of 6:00 p.m. and 10:00 p.m., with a pre-event sound check from 1:00 p.m. until 5:00 p.m.
3) The applicant shall provide personnel and equipment to ensure compliance with the variance conditions.
4) All electronically powered equipment, PA systems, loudspeakers or similar devices will be turned off by 10:00 p.m. on August 20, 2016.
FURTHER RESOLVED, that any violations of the conditions set forth above on any of the dates may result in revocation of the grant of a variance for the subsequent date(s), in addition to any criminal citation which might issue.
Required Background Information
The Grounds and Sounds Art and Music Festival, represented by Andrew Thoreen, has requested an exemption from the sound level limitations in Chapter 293.07 in order to present live bands with speakers on August 20, 2016 at 1340 Thomas Avenue from 6:00 p.m. to 10:00 p.m., with a pre-event sound check from 1:00 p.m. until 5:00 p.m Chapter 293.09 provides for the granting of variances from the sound level limitations contained in Chapter 293.07.
Was proper notice given? YES - See Attachments