Title
Approving the application of Matthew Luck for a sound level variance in order to have a wedding reception with music from 5:00 p.m. until 11:00 p.m. and equipment dismantle by 11:59 p.m. on August 23, 2014 at 298 Exchange Street South.
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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, Matthew Luck, who is designated as the responsible person on the application, has applied for a variance to present music during a wedding reception at 298 Exchange Street South; and
WHEREAS, applicant is seeking a variance for the hours of 5:00 p.m. until 11:00 p.m. for music and until 11:59 p.m. for equipment dismantle on August 23, 2014; and
WHEREAS, if applicant is not granted a variance he will not be able to host a wedding reception with music at 298 Exchange Street South; 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 Matthew Luck, subject to the following conditions:
1) The variance shall be for the hours of 5:00 p.m. until 11:59 p.m. on August 23, 2014 at 298 Exchange Street South.
2) All electronically powered equipment used in conjunction with the event shall not exceed 85 dBA, as measured 50 feet from the source of music.
3) The applicant shall monitor sound levels, to ensure compliance with Condition #2.
4) All electronically powered equipment, PA systems, loudspeakers or similar devices shall be turned off no later than 11:00 p.m. on the event date.
FURTHER RESOLVED, that any violations of the conditions set forth above on the August 23, 2014 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
Matthew Luck has requested an exemption from the sound level limitations in Chapter 293.07 during a wedding order to present amplified music, with limitations, during a wedding reception at 298 Exchange Street South.