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Approving the application of Cystic Fibrosis Foundation, Inc for a sound level variance in order to present amplified sound on May 22, 2022 at 75 Rev Dr Martin Luther King Jr Blvd. - MN State Capitol.
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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, Cystic Fibrosis Foundation, represented by Joe Schwei, Event Director, who has been designated as the responsible person on the application, has applied for a variance, for 87 dBA at no specified distance, to present amplified sound for the Saint Paul Great Strides Event at 75 Rev Dr Martin Luther King Jr Blvd. - MN State Capitol; and
WHEREAS, applicant has requested a variance for the hours of 11:00 a.m. to 2:30 p.m. with a pre-event sound check at 10:00 a.m. for Saint Paul Great Strides; and
WHEREAS, if applicant is not granted a variance applicant will not be able to present amplified sound at 75 Rev Dr Martin Luther King Jr Blvd. - MN State Capitol; 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 Cystic Fibrosis Foundation, Inc, subject to the following conditions:
1) The Variance shall be for the hours from of 11:00 a.m. to 2:30 p.m. with a pre-event sound check at 10:00 a.m. for the Saint Paul Great Strides event.
2) All electronically powered equipment used in conjunction with the event shall not exceed 87 dBA at 50 feet from all sound sources
3) The applicant shall provide personnel and equipment who shall provide continuous sound level monitoring at each sound mix during the hours of the variance.
4) All electronically powered equipment, PA systems, loudspeakers or similar devices shall be turned off no later than 2:30 p.m. on Sunday, May 22, 2022, the event date.
FURTHER RESOLVED, that any violations of the conditions set forth above on the May 22, 2022 date may result in denial of future requests for the grant of a noise variance, in addition to any criminal citation which might issue.
Required Background Information
Cystic Fibrosis Foundation, Inc, represented by Joe Schwei, has requested an exemption from the sound level limitations in Chapter 293.07 in order to present amplified sound, with limitations, from 11:00 a.m. to 2:30 p.m. on Sunday, May 22, 2022. 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