Title
Approving the application of Anderson Race Management for a sound level variance in order to present amplified sound on August 17, 2024 at Phalen Park Picnic Pavilion Patio - 1600 Phalen Dr.
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, Anderson Race Management, represented by Jennifer Williams, Director of Events, who has been designated as the responsible person on the application, has applied for a variance, at a requested sound level limit of 100 dBA at no specified distance from the sound source at Phalen Park Picnic Pavilion Patio - 1600 Phalen Dr, to present amplified sound; and
WHEREAS, applicant has requested a variance for the hours from 8:00 a.m. to 12:00 p.m. with a pre-event sound check from 7:30 a.m. to 7:45 a.m. on August 17, 2024 for the Miles for Melanoma event; and
WHEREAS, if applicant is not granted a variance applicant will not be able to present amplified sound at Phalen Park Picnic Pavilion Patio - 1600 Phalen Dr; 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 Anderson Race Management, at Phalen Park Picnic Pavilion Patio - 1600 Phalen Dr, subject to the following conditions:
1) The Variance shall be for the hours from 8:00 a.m. to 12:00 p.m. with a pre-event sound check from 7:30 a.m. to 7:45 a.m. on Saturday, August 17, 2024, for the Miles for Melanoma event, at Phalen Park Picnic Pavilion Patio - 1600 Phalen Dr.
2) All electronically powered equipment used in conjunction with the event shall not exceed 85 dBA as measured at 50 feet from all sound sources on August 17, 2024.
3) The applicant shall provide personnel and equipment to ensure compliance with the sound level variance conditions.
4) All electronically powered equipment, PA systems, loudspeakers or similar devices shall be turned off no later than 12:00 p.m. August 17, 2024.
FURTHER RESOLVED, that any violations of the conditions set forth above on the August 17, 2024 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
Anderson Race Management, represented by Jennifer Williams, has requested an exemption from the sound level limitations in Chapter 293.07 in order to present amplified sound, with limitations, from 8:00 a.m. until 12:00 p.m. with a pre-event sound check from 7:30 a.m. to 7:45 a.m. on August 17, 2024 at Phalen Park Picnic Pavilion Patio - 1600 Phalen Dr. 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