Title
Approving the application of David Powell for a sound level variance in order to present amplified sound on September 21, 2024 at 425 Rice Street (parking lot).
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, High Society Ink LLC, David Powell, Organizer, who has been designated as the responsible person on the application, has applied for a variance, at a requested sound level limit of 95 dBA at no specified distance to present amplified sound for the Capital City Fest at 425 Rice St - parking lot; and
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WHEREAS, applicant has requested a variance for the hours of 12:00 p.m. to 7:00 p.m. with a pre-event sound check at 10:00 a.m. on September 21, 2024 for the Capital City Fest; 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 High Society Ink LLC, David Powell, subject to the following conditions:
1) The Variance shall be for the hours of 12:00 p.m. to 7:00 p.m., with a pre-event sound check at 10:00 a.m. on Saturday, September 21, 2024 for the Capital City Fest.
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, September 21, 2024 from 12:00 p.m. until 7:00 p.m. and shall not exceed 80 dBA at 50 feet from any sound source from 10:00 a.m. to 12:00 p.m. during the pre-event sound check.
3) The applicant shall continuously monitor the decibel level from the variance approved distance of each noise source throughout the duration of the variance and create a report that records the decibel levels at intervals no greater than 10 minutes apart. The report shall be available for viewing by city staff, upon request.
4) All electronically powered equipment, PA systems, loudspeakers or similar devices shall be turned off no later than 7:00 p.m. on September 21, 2024, the event date.
FURTHER RESOLVED, that any violations of the conditions set forth above on the September 21, 2024 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
High Society Ink, LLC, David Powell, Organizer, has requested an exemption from the sound level limitations in Chapter 293.07 in order to present amplified sound, with limitations, from 12:00 p.m. to 7:00 p.m. on September 21, 2024. 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