Title
Approving the application of Water Lantern Festival for a sound level variance in order to present amplified sound on July 29, 2023 at 1400 Phalen Drive - Phalen Park Beach House.
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, Water Lantern Festival, represented by Giovanna Schmeil, Event Coordinator, who has been designated as the responsible person on the application, has applied for a variance, for 85 dBA at no specific distance to present amplified sound for the St Paul Water Lantern Festival at 1400 Phalen Dr - Phalen Park Beach House; and
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WHEREAS, applicant has requested a variance for the hours of 6:00 p.m. to 10:00 p.m. with a pre-event sound check from 5:00 p.m. to 6:00 p.m. on July 29, 2023 for the St Paul Water Lantern Festival; and
WHEREAS, if applicant is not granted a variance applicant will not be able to present amplified sound at 1400 Phalen Dr - Phalen Park Beach House; 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 Water Lantern Festival, subject to the following conditions:
1) The Variance shall be for the hours of 6:00 p.m. to 10:00 p.m. with a pre-event sound check at 5:00 p.m. on Saturday, July 29, 2023 for the St Paul Water Lantern Festival.
2) All electronically powered equipment used in conjunction with the event shall not exceed 85 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 10:00 p.m. on July 29, 2023, the event date.
FURTHER RESOLVED, that any violations of the conditions set forth above on the July 29, 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
Water Lantern Festival, represented by Giovanna Schmeil, Event Coordinator, has requested an exemption from the sound level limitations in Chapter 293.07 in order to present amplified sound, with limitations, from 6:00 p.m. to 10:00 p.m. with a pre-event sound check from 5:00 p.m. on July 29, 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