Title
Approving the application of Nativity of Our Lord Catholic Parish/School for a Nativity County Fair event on Friday, 09/12/2025, Saturday, 09/13/2025 and Sunday, 09/14/2025 for a sound level variance in order to present live amplified sound at the Nativity of Our Lord Catholic Parish/School, 1900 Wellesley Avenue.
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, Nativity of Our Lord Catholic Parish/School, represented by Michael Reif, Nativity County Fair Steering Committee Member, who has been designated as the responsible person on the application, has applied for a variance, at a requested sound level limit of 90 dBA at no specified distance, to present amplified sound for the Nativity of Our Lord Catholic Parish/School for a Nativity County Fair event on September 12, September 13 and September 14, 2025 at Nativity of Our Lord Catholic Parish/School, 1900 Wellesley Avenue. Applicant has requested a variance for the hours of 5:00 p.m. until 10:00 p.m., with a pre-event sound check at 3:00 p.m. on Friday, September 12; for the hours of 12:00 p.m. until 10:00 p.m. on Saturday, September 13, 2025, and the hours of 10:00 a.m. until 3:00 p.m. on Sunday, September 14, 2025 for a Parish Nativity County Fair event; and
WHEREAS, if applicant is not granted a variance applicant will not be able to present amplified sound at the September 12, September 13 and September 14, 2025 at the Nativity of Our Lord Catholic Parish/School, Nativity County Fair event,1900 Wellesley Avenue.; and
WHEREAS, the Department of Safety and Inspections has reviewed the application and has made recommendations regarding conditions for the variances. Now, therefore, be it
RESOLVED, that the Council of the City of Saint Paul hereby grants a variance to Nativity of Our Lord Catholic Parish/School, subject to the following conditions:
1) The Variance shall be for the requested variance hours of 5:00 p.m. until 10:00 p.m., with a pre-event sound check at 3:00 p.m. on Friday, September 12, 2025; for the hours of 12:00 p.m. until 10:00 p.m. on Saturday, September 13, 2025, and the hours of 10:00 a.m. until 3:00 p.m. on Sunday, September 14, 2025 for a Parish Nativity County Fair event.
2) All electronically powered equipment used in conjunction with the event shall not exceed 90 dBA at 50 feet from all sound sources during the 09/12/2025 event from 5:00 p.m. until 10:00 p.m.; from 12:00 p.m. until 10:00 p.m. on Saturday, 09/13/2025 and from 10:00 a.m. until 3:00 p.m. on Sunday, 09/14/2025. All electronically powered equipment used in conjunction with the events shall not exceed 80 dBA at 50 feet from all sound sources during the pre-event sound check; and
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.
4) All electronically powered equipment, PA systems, loudspeakers or similar devices shall be turned off no later than 9:59 p.m. on September 12 and 13, 2025 and no later than 3:00 p.m. on September 14, 2025, the event dates.
FURTHER RESOLVED, that any violations of the conditions set forth above on the September 12, 13 or 14, 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
Nativity of Our Lord Catholic Parish/School, represented by Michael Reif, has requested an exemption from the sound level limitations in Chapter 293.07 in order to present amplified sound, with limitations, from 5:00 p.m. until 10:00 p.m., with a pre-event sound check at 3:00 p.m. on September 12; from 12:00 p.m. to 10:00 p.m. on September 13, and from 10:00 a.m. until 3:00 p.m. on September 14, 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