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Approving the application of Ka Vang for a sound level variance in order to present amplified sound on June 14, 2025 and June 15, 2025 at 425 Rice Street - parking lot.
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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, Ka Vang, Asian Street Food Night Market Event Coordinator, who has been designated as the responsible person on the application, has applied for a variance, at no specified sound level or specified distance to present amplified sound for the Asian Street Food Night Market at 425 Rice St - parking lot; and
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WHEREAS, applicant has requested a variance for the hours of 2:00 p.m. to 11:00 p.m. with a pre-event sound check at 1:00 p.m. on June 14, 2025 and June 15, 2025 for the Asian Street Food Night Market; and
WHEREAS, if applicant is not granted a variance applicant will not be able to present amplified sound at 425 Rice St; 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 Ka Vang, subject to the following conditions:
1) The Variance shall be for the hours of 2:00 p.m. to 10:59 p.m. on Saturday, June 14, 2025, and from 2:00 p.m. until 10:00 p.m. on Sunday, June 15, 2025, with a pre-event sound check at 1:00 p.m. on both days at for the Asian Street Food Night Market.
2) All electronically powered equipment used in conjunction with the event shall not exceed 90 dBA at 50 feet from all sound sources on Saturday, June 14, 2025 from 2:00 p.m. until 10:59 p.m. On Sunday, June 15, 2025, all electronically powered equipment used in conjunction with the event shall not exceed 90dBA at 50 feet from 2:00 p.m. until 10:00 p.m.
3)The applicant shall monitor the decibel level from the variance approved distance of each noise source and create a report that records the general operating decibel levels within 15 minutes of the start of each performing act and at intervals no greater than 60 minutes apart thereafter. The report shall be made available for viewing by city staff, upon request during the variance or within 30 days thereafter. Applicant shall also conduct a decibel reading during the variance upon request of city staff. 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 11:00 p.m. on June 14, 2025, and no later than 10:00 p.m. on June 15, 2025, the event dates.
FURTHER RESOLVED, that any violations of the conditions set forth above on the June 14, 2025 and June 15, 2025 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
Ka Vang, Event Coordinator, has requested an exemption from the sound level limitations in Chapter 293.07 in order to present amplified sound, with limitations, from 2:00 p.m. to 11:00 p.m. on June 14, 2025 and June 15, 2025. 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