Title
Approving the application of the High School for Recording Arts for a sound level variance for an outdoor music performance and announcements between 12:00 noon and 9:00 p.m. on Wednesday, June 11, 2014 at a parking lot near 1166 University Avenue West.
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, the High School for Recording Arts represented by Ms. Charlnitta Ellis, Director, who has been designated as the responsible person on the application, has applied for a variance to allow amplified music performances, and announcements for an Event to be held at a parking lot located near 1166 University Avenue West; and
WHEREAS, applicant is seeking a variance for the hours from 12:00 Noon through 9:00 p.m. on Wednesday, June 11, 2014; and
WHEREAS, if applicant is not granted a variance it will not be able to present the amplified music, announcements and speeches for the Music Performance Event to be held at a parking lot located near 1166 University Avenue West; 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 the Metropolitan Council subject to the following conditions:
1) The variance will be for the hours from 12:00 Noon to 9:00 p.m. on Wednesday, June 11, 2014 for the Music Performance Event to be held at a parking lot located near 1166 University Avenue West.
2) All electronically powered equipment used in conjunction with the event must not exceed 85 dBA, as measured at 50 feet from the sound source.
3) The applicant will provide personnel and equipment to ensure compliance with these conditions.
4) All electronically powered equipment, PA systems, loudspeakers or similar devices must be turned off no later than 9:00 p.m. on the event date.
5) The High School for Recording Arts must maintain a copy of the approved sound level variance at the event location and have it available for review by the City of Saint Paul Police or inspection personnel.
FURTHER RESOLVED, that any violations of the conditions set forth above may result in denial of any future variance requests, in addition to any criminal citation which may be issued.
Required Background Information
The High School for Recording Arts, represented by Ms. Charlnitta Ellis, Director, has requested an variance from the sound level limitations in Chapter 293.07, to allow amplified music, during a Musical Performance Event between 9:00 a.m. through 4:00 p.m. on June 14, 2014 at the High School for Recording Arts, to be held at a parking lot located near 1166 University Avenue West. 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