Title
Approving the application of Lakeside Guitar Festival/MN Last Waltz for a sound level variance in order to present amplified sound on August 9, and August 10, 2024 at 1360 Lexington Ave - Como Lakeside Pavilion.
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, Lakeside Guitar Festival/MN Last Waltz, represented by David Russ, Owner, It’s A Secret LLC, who has been designated as the responsible person on the application, has applied for a variance, for 105 dBA at no specific distance to present amplified sound for a Lakeside Guitar Festival/Minnesota’s Last Waltz at 1360 Lexington Ave - Como Lakeside Pavilion; and
WHEREAS, applicant has requested a variance for the hours of 10:00 a.m. to 10:00 p.m. on August 9, and August 10, 2024 for a Lakeside Guitar Festival/Minnesota’s Last Waltz; and
WHEREAS, if applicant is not granted a variance applicant will not be able to present amplified sound at 1360 Lexington Ave - Como Lakeside Pavilion; 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 Lakeside Guitar Festival/MN Last Waltz, subject to the following conditions:
1) The Variance shall be for the hours of 10:00 a.m. to 10:00 p.m. on Friday, August 9, 2024, and Saturday August 10, 2024, for a Lakeside Guitar Festival/Minnesota’s Last Waltz.
2) All electronically powered equipment used in conjunction with the event shall not exceed 90 dBA at 50 feet from all sound sources on Friday, August 9, 2024, and Saturday August 10, 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 10:00 p.m. on August 9, 2024, and August 10, 2024, the event dates.
FURTHER RESOLVED, that any violations of the conditions set forth above on the August 9, and August 10, 2024 dates 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
Lakeside Guitar Festival/MN Last Waltz, represented by David Russ, Owner, It’s a Secret LLC, has requested an exemption from the sound level limitations in Chapter 293.07 in order to present amplified sound, with limitations, from 10:00 a.m. to 10:00 p.m. on August 9, and August 10, 2024. 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