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File #: RES PH 22-143    Version: 1
Type: Resolution-Public Hearing Status: Passed
In control: City Council
Final action: 6/1/2022
Title: Approving the application of RJMP Group Inc for a sound level variance in order to present amplified sound on June 5, 2022 at Billy's on Grand, 857 Grand Avenue.
Sponsors: Rebecca Noecker
Ward: Ward - 2
Attachments: 1. Application, 2. ENS, 3. Map, 4. Owners list, 5. Notice to Owner, 6. Letter to Applicant, 7. Summit Hill Association Objection, 8. RES PH 22-143 - Monica Haas, 9. Lori Brostrom Objection, 10. RES PH 22-143 - Peggy Reichert, 11. RES PH 22-143 - Val Cohn, 12. RES PH 22-143 - Roddie Turner, 13. Peggy Reichert Objection

Title

Approving the application of RJMP Group Inc for a sound level variance in order to present amplified sound on June 5, 2022 at Billy's on Grand, 857 Grand Avenue.

 

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, RJMP Group Inc, represented by Wesley Spearman, Chef Manager, who has been designated as the responsible person on the application, has applied for a variance, for 85 dBA at no specific distance to present amplified sound for the Grand Day’s at 857 Grand Ave - Billy’s on Grand; and

 

WHEREAS, applicant has requested a variance for the hours of 9:00 a.m. to 9:00 p.m. on June 5, 2022 for Grand Day’s; and

 

WHEREAS, if applicant is not granted a variance applicant will not be able to present amplified sound at 857 Grand Ave - Billy’s on Grand; 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 RJMP Group Inc, subject to the following conditions:

 

1)  The Variance shall be for the hours from of 9:00 a.m. to 9:00 p.m. on Sunday, June 5, 2022 for Grand Day’s.

 

2)  All electronically powered equipment used in conjunction with the event shall not exceed 85 dBA at 50 feet from all sound sources

 

3)  The applicant shall provide personnel and equipment who shall provide continuous sound level monitoring at each sound source during the hours of the variance.

 

4)  All electronically powered equipment, PA systems, loudspeakers or similar devices shall be turned off no later than 9:00 p.m. on June 5, 2022, the event date.

 

 

FURTHER RESOLVED, that any violations of the conditions set forth above on the June 5, 2022 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

RJMP Group Inc, represented by Chef Manager, Wesley Spearman, has requested an exemption from the sound level limitations in Chapter 293.07 in order to present amplified sound, with limitations, from 9:00 a.m. to 9:00 p.m. on June 5, 2022.  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

 

Date NameDistrictOpinionCommentAction
6/1/2022 12:10 AMSHA Against Statement from the Zoning and Land Use Committee of the Summit Hill ***ociation, abridged (due to character limit): "Given [application] discrepancies, ZLU rescinded support for variances on [June 5 and June 19] dates. The Zoning and Land Use Committee would be pleased to consider variance requests for the the future three dates in July and August if those applications include verbiage that [was] provided to [SHA] during last night’s [May 24th, 2022] public hearing." SHA received 16 comments in opposition, and 0 in favor. Link: https://bit.ly/SHA_ZLU_PublicFolder
5/31/2022 3:04 PMSHA Against Statement from the Zoning and Land Use Committee of the Summit Hill ***ociation, abridged (due to character limit): "Given [application] discrepancies, ZLU rescinded support for variances on [June 5 and June 19] dates. The Zoning and Land Use Committee would be pleased to consider variance requests for the the future three dates in July and August if those applications include verbiage that [was] provided to [SHA] during last night’s [May 24th, 2022] public hearing." SHA received 16 comments in opposition, and 0 in favor. Link: https://bit.ly/SHA_ZLU_PublicFolder