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Approving the application of Patrick McGovern’s Pub for a sound level variance in order to present amplified sound for Lucky Palooza & St Patrick’s Day events on March 9, 2024, March 16, 2024 and March 17, 2024 at 225 7th Street West - Patrick McGovern’s Pub.
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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, Patrick McGovern’s Pub, represented by Kelly Sellman, General Manager, who has been designated as the responsible person on the application, has applied for a variance, for a requested sound level limit of 100 dBA at no specified distance from the sound source, to present amplified sound at 225 7th St W - Patrick McGovern’s Pub; and
WHEREAS, applicant has requested a variance for the hours of 2:00 p.m. to 12:00 a.m., on Saturday March 9, 2024, Saturday March 16, 2024 and Sunday March 17, 2024 for Lucky Palooza & St Patrick’s Day; and
WHEREAS, if applicant is not granted a variance applicant will not be able to present amplified sound at 225 7th St W - Patrick McGovern’s Pub; 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 Patrick McGovern’s Pub, subject to the following conditions:
1) The Variance shall be for the hours of 2:00 p.m. to 11:59 p.m. on Saturday March 9, 2024, Saturday, March 16, 2024 and from 2:00 p.m. until 10:00 p.m. on Sunday March 17, 2024.
2) All electronically powered equipment used in conjunction with the event shall not exceed 90 dBA as measured at 50 feet from the sound sources outside of the fully enclosed tent from 2:00 p.m. until 10:59 p.m. and shall not exceed 80 dBA as measured at 50 feet outside of the fully enclosed tent from 11:00 p.m. until 11:59 p.m. on Saturday, March 9, 2024 and Saturday, March 16, 2024.On Sunday, March 17, 2024, all electronically power equipment used in conjunction with the event shall not exceed 90 dBA as measured at 50 feet from the sound sources outside of the fully enclosed tent from 2:00 p.m. until 10:00 p.m.
3) The applicant shall provide personnel and equipment who shall provide continuous sound level monitoring at each sound mix during the hours of the variance.
4) All electronically powered equipment, PA systems, loudspeakers or similar devices shall be turned off no later than 11:59 a.m. March 9, 2024 and March 16, 2024 and no later than10:00 p.m. on March 17, 2024, the event dates.
FURTHER RESOLVED, that any violations of the conditions set forth above on the March 9, 2024, March 16, 2024 and March 17, 2024 dates 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
Patrick McGovern’s Pub, represented by Kelly Sellman, General Manager, has requested an exemption from the sound level limitations in Chapter 293.07 in order to present amplified sound, with limitations, from 2:00 p.m. to 12:00 a.m. on Saturday March 9, 2024, Saturday March 16, 2024, and Sunday March 17, 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