Title
Approving the application of the Lowertown Bike Shop for a sound level variance in order to present amplified live music from 1:00 p.m. until 10:00 p.m. on October 13, 2013 in the parking lot of the Jax Building at 253 East 4th Street.
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 Lowertown Bike Shop, represented by Dan Kueny, Director of Operations, who has been designated as the responsible person on the application, has applied for a variance to present amplified live music at 253 East 4th Street; and
WHEREAS, applicant has requested a variance for the hours of 1:00 p.m. to 10:00 p.m. on October 13, 2013; and
WHEREAS, if applicant is not granted a variance he will not be able to present amplified live music at 253 East 4th Street.; 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 Lowertown Bike Shop, subject to the following conditions:
1) The variance shall be for the hours of 1:00 p.m. to 10:00 p.m. on October 13, 2013.
2) All electronically powered equipment used in conjunction with the event shall not exceed 85 dBA as measured at 50 feet from the sound source.
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 10:00 p.m. on the event date.
FURTHER RESOLVED, that any violations of the conditions set forth above on the October 13, 2013 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
The Lowertown Bike Shop, represented by Dan Kueny, Director of Operations, has requested an exemption from the sound level limitations in Chapter 293.07 in order to present amplified live music, with limitations, from 1:00 p.m. until 10:00 p.m. on October 13, 2013. 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