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Approving five (5) applications of El Burrito Mercado for a sound level variance in order to present amplified sound for Las Series de Verano de El Burrito Mercado, including Fiesta Mexicana en el Patio event on the Fridays of May 8, June 5, July 10, August 7, and September 11, 2026; Ritmo y Flow Brunch en el Patio event on the Saturdays of May 9, June 13, July 11, and August 15, 2026; Puro Tex-Mex Party en el Patio event on the Saturdays of May 30, June 27, July 25, and August 29, 2026; Baile En Mi Barrio event on the Saturdays of June 13, July 18, and August 8, 2026; and Pop-Up Tianguis event on the Sundays of June 28 and August 9, 2026, all at 175 Cesar Chavez Street - El Burrito Mercado.
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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, Section 293.10 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, El Burrito Mercado ("Applicant"), represented by Milissa Silva, President and Co-Owner, who has been designated as the responsible person on the application, has applied for a variance for a sound level limit of 80 dBA at fifty (50) feet from the sound source to present amplified sound for the Fiesta Mexicana en el Patio event at 175 Cesar Chavez Street - El Burrito Mercado; and
WHEREAS, the Applicant has requested a variance for the hours of 6:30 pm to 9:30 pm on the Fridays of May 8, June 5, July 10, August 7, and September 11 for the Fiesta Mexicana en el Patio event; and
WHEREAS, El Burrito Mercado ("Applicant"), represented by Milissa Silva, President and Co-Owner, who has been designated as the responsible person on the application, has applied for a variance for a sound level limit of 90-100 dBA at fifty (50) feet from the sound source to present amplified sound for the Ritmo y Flow Brunch en el Patio event at 175 Cesar Chavez Street - El Burrito Mercado; and
WHEREAS, the Applicant has requested a variance for the hours of 10:00 am to 2:00 pm on the Saturdays of May 9, June 13, July 11, and August 15 for the Ritmo y Flow Brunch en el Patio event; and
WHEREAS, El Burrito Mercado ("Applicant"), represented by Milissa Silva, President and Co-Owner, who has been designated as the responsible person on the application, has applied for a variance for a sound level limit of 90-100 dBA at fifty (50) feet from the sound source to present amplified sound for the Puro Tex-Mex Party en el Patio event at 175 Cesar Chavez Street - El Burrito Mercado; and
WHEREAS, the Applicant has requested a variance for the hours of 10:00 am to 2:00 pm on the Saturdays of May 30, June 27, July 25, and August 29 for the Puro Tex-Mex Party en el Patio event; and
WHEREAS, El Burrito Mercado ("Applicant"), represented by Milissa Silva, President and Co-Owner, who has been designated as the responsible person on the application, has applied for a variance for a sound level limit of 90-100 dBA at fifty (50) feet from the sound source to present amplified sound for the Baile En Mi Barrio event at 175 Cesar Chavez Street - El Burrito Mercado; and
WHEREAS, the Applicant has requested a variance for the hours of 6:30 pm to 9:30 pm on the Saturdays of June 13, July 18, and August 8 for the Baile En Mi Barrio event; and
WHEREAS, El Burrito Mercado ("Applicant"), represented by Milissa Silva, President and Co-Owner, who has been designated as the responsible person on the application, has applied for a variance for a sound level limit of 90-100 dBA at fifty (50) feet from the sound source to present amplified sound for the Pop-Up Tianguis event at 175 Cesar Chavez Street - El Burrito Mercado; and
WHEREAS, the Applicant has requested a variance for the hours of 9:00 am to 2:00 pm on the Sundays of June 28 and August 9 for the Pop-Up Tianguis event; and
WHEREAS, if the Applicant is not granted these variances, then the Applicant will not be able to present amplified sound at 175 Cesar Chavez Street - El Burrito Mercado; and
WHEREAS, the Department of Safety and Inspections has reviewed all five (5) applications and has made recommendations regarding conditions for each of the five (5) variances. Now, therefore, be it
RESOLVED, that the Council of the City of Saint Paul hereby grants a variance to El Burrito Mercado for the Fiesta Mexicana en el Patio event, subject to the following conditions:
1) The Variance shall be for the hours of 6:30 pm to 9:30 pm on Fridays of May 8, June 5, July 10, August 7, and September 11, 2026, for the Fiesta Mexicana en el Patio event.
2) All electronically powered equipment used in conjunction with the event shall not exceed 80 dBA as measured at 50 feet from any sound source from 6:30 pm to 9:30 pm on Fridays of May 8, June 5, July 10, August 7, and September 11, 2026.
3) The applicant shall monitor the decibel level from the variance approved distance of each noise source and create a report that records the general operating decibel levels within 15 minutes of the start of each performing act and at intervals no greater than 60 minutes apart thereafter. The report shall be made available for viewing by city staff upon request during the variance and within 30 days thereafter. The Applicant shall also conduct a decibel reading during the variance upon request of city staff.
4) All electronically powered equipment, PA systems, loudspeakers, or similar devices shall be turned off no later than 9:30 pm on the Fridays of May 8, June 5, July 10, August 7, and September 11, 2026.
FURTHER RESOLVED, that the Council of the City of Saint Paul hereby grants a variance to El Burrito Mercado for the Ritmo y Flow Brunch en el Patio event, subject to the following conditions:
1) The Variance shall be for the hours of 10:00 am to 2:00 pm on the Saturdays of May 9, June 13, July 11, and August 15, 2026, for the Ritmo y Flow Brunch en el Patio event.
2) All electronically powered equipment used in conjunction with the event shall not exceed 85 dBA as measured at 50 feet from any sound source from 10:00 am to 2:00 pm on the Saturdays of May 9, June 13, July 11, and August 15, 2026.
3) The applicant shall monitor the decibel level from the variance approved distance of each noise source and create a report that records the general operating decibel levels within 15 minutes of the start of each performing act and at intervals no greater than 60 minutes apart thereafter. The report shall be made available for viewing by city staff upon request during the variance and within 30 days thereafter. The Applicant shall also conduct a decibel reading during the variance upon request of city staff.
4) All electronically powered equipment, PA systems, loudspeakers, or similar devices shall be turned off no later than 2:00 pm on the Saturdays of May 9, June 13, July 11, and August 15, 2026.
FURTHER RESOLVED, that the Council of the City of Saint Paul hereby grants a variance to El Burrito Mercado for the Puro Tex-Mex Party en el Patio event, subject to the following conditions:
1) The Variance shall be for the hours of 10:00 am to 2:00 pm on the Saturdays of May 30, June 27, July 25, and August 29, 2026, for the Puro Tex-Mex Party en el Patio event.
2) All electronically powered equipment used in conjunction with the event shall not exceed 85 dBA as measured at 50 feet from any sound source on the Saturdays of May 30, June 27, July 25, and August 29, 2026.
3) The applicant shall monitor the decibel level from the variance approved distance of each noise source and create a report that records the general operating decibel levels within 15 minutes of the start of each performing act and at intervals no greater than 60 minutes apart thereafter. The report shall be made available for viewing by city staff upon request during the variance and within 30 days thereafter. The Applicant shall also conduct a decibel reading during the variance upon request of city staff.
4) All electronically powered equipment, PA systems, loudspeakers, or similar devices shall be turned off no later than 2:00 pm on the Saturdays of May 30, June 27, July 25, and August 29, 2026.
FURTHER RESOLVED, that the Council of the City of Saint Paul hereby grants a variance to El Burrito Mercado for the Baile En Mi Barrio event, subject to the following conditions:
1) The Variance shall be for the hours of 6:30 pm to 9:30 pm on the Saturdays of June 13, July 18, and August 8, 2026, for the Baile En Mi Barrio event.
2) All electronically powered equipment used in conjunction with the event shall not exceed 85 dBA as measured at 50 feet from any sound source on the Saturdays of June 13, July 18, and August 8, 2026.
3) The applicant shall monitor the decibel level from the variance approved distance of each noise source and create a report that records the general operating decibel levels within 15 minutes of the start of each performing act and at intervals no greater than 60 minutes apart thereafter. The report shall be made available for viewing by city staff upon request during the variance and within 30 days thereafter. The Applicant shall also conduct a decibel reading during the variance upon request of city staff.
4) All electronically powered equipment, PA systems, loudspeakers, or similar devices shall be turned off no later than 9:30 pm on the Saturdays of June 13, July 18, and August 8, 2026.
FURTHER RESOLVED, that the Council of the City of Saint Paul hereby grants a variance to El Burrito Mercado for the Pop-Up Tianguis event, subject to the following conditions:
1) The Variance shall be for the hours of 9:00 am to 2:00 pm on the Sundays of June 28 and August 9, 2026, for the Pop-Up Tianguis event.
2) All electronically powered equipment used in conjunction with the event shall not exceed 85 dBA as measured at 50 feet from any sound source on the Sundays of June 28 and August 9, 2026.
3) The applicant shall monitor the decibel level from the variance approved distance of each noise source and create a report that records the general operating decibel levels within 15 minutes of the start of each performing act and at intervals no greater than 60 minutes apart thereafter. The report shall be made available for viewing by city staff upon request during the variance and within 30 days thereafter. The Applicant shall also conduct a decibel reading during the variance upon request of city staff.
4) All electronically powered equipment, PA systems, loudspeakers, or similar devices shall be turned off no later than 2:00 pm on the Sundays of June 28 and August 9, 2026.
FINALLY RESOLVED, that any violations of the conditions set forth above during any of the events and event dates listed above may result in denial of future requests for the grant of a noise variance, in addition to any criminal citation that might issue.
Required Background Information
El Burrito Mercado, represented by Milissa Silva, President and Co-Owner, has requested a variance from the sound level limitations in section 293.07 in order to present amplified sound, with limitations, from 6:30 pm to 9:30 pm on the Fridays of May 8, June 5, July 10, August 7, and September 11, 2026, from 10:00 am to 2:00 pm on the Saturdays of May 9, June 13, July 11, and August 15, 2026, from 10:00 am to 2:00 pm on the Saturdays of May 30, June 27, July 25, and August 29, 2026, from 6:30 pm to 9:30 pm on the Saturdays of June 13, July 18, and August 8, 2026, and from 9:00 am to 2:00 pm on the Sundays of June 28 and August 9, 2026. Section 293.10 provides for the granting of variances from the sound level limitations contained in section 293.07.
Was proper notice given? YES - See Attachments