Title
Approving the application of West Side Community Organization (WSCO) for a sound level variance in order to present amplified sound on September 24, 2023 at Union Depot - 214 4th St E.
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, West Side Community Organization (WSCO), represented by Linda Vang, Strategic Operations Manager, who has been designated as the responsible person on the application, has applied for a variance of 96 dBA at 50 ft to present amplified sound for the Arts & Culture Market Event at Union Depot - 214 4th St E; and
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WHEREAS, applicant has requested a variance for the hours of 1:00 p.m. to 5:00 p.m. with a pre-event sound check from 11:00 a.m. to 1:00 p.m. on September 24, 2023 for the Arts & Culture Market event; and
WHEREAS, if applicant is not granted a variance applicant will not be able to present amplified sound at Union Depot - 214 4th St E; 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 West Side Community Organization (WSCO), subject to the following conditions:
1) The Variance shall be for the hours of 1:00 p.m. to 5:00 p.m. with a pre-event sound check from 11:00 a.m. to 1:00 p.m. on Sunday, September 24, 2023 for the Arts & Culture Market event.
2) All electronically powered equipment used in conjunction with the event shall not exceed 90 dBA at 50 feet from all sound sources
3) The applicant shall provide personnel and equipment who shall provide continuous sound level monitoring at each sound source during the hours of the variance.
4) All electronically powered equipment, PA systems, loudspeakers or similar devices shall be turned off no later than 5:00 p.m. on September 24, 2023, the event date.
FURTHER RESOLVED, that any violations of the conditions set forth above on the September 24, 2023 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
West Side Community Organization (WSCO), represented by Linda Vang, Strategic Operations Manager, has requested an exemption from the sound level limitations in Chapter 293.07 in order to present amplified sound, with limitations, from 1:00 p.m. to 5:00 p.m. with a pre-event sound check at 11:00 a.m. to 1:00 p.m. on September 24, 2023. 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