Title
Approving the application of Veit & Company - Logan Carlson for a sound level variance in order to present amplified sound beginning as soon as possible and ending November 30, 2023 at Minnesota Street from Kellogg Boulevard East to Sixth Street.
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, Veit & Company, Logan Carlson, Project Engineer, who has been designated as the responsible person on the application, has applied for a variance, for 105 dBA at no specified distance from the sound source at Minnesota Street from Kellogg Blvd E to 6th St., to present amplified sound; and
WHEREAS, applicant has requested a variance for the hours of 6:00 a.m. to 6:00 p.m., Monday-Friday, beginning as soon as possible and ending November 30, 2023 for the Minnesota Street Reconstruct for City of St Paul event; and
WHEREAS, if applicant is not granted a variance applicant will not be able to present amplified sound at Minnesota Street Reconstruct for City of St Paul; 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 Veit & Company, Logan Carlson for the Minnesota Street Reconstruct for City of St Paul at Minnesota Street from Kellogg Blvd E to 6th St., subject to the following conditions:
1) The Variance shall be for the hours of 7 8:00 a.m.to 6:00 p.m., Monday through Friday, September 12, 2023, or as soon as possible, through November 30, 2023.
2) All powered equipment used in conjunction with the construction shall not exceed 95 dBA as measured at 50 feet from the sound source.
3) The applicant shall use best practicable methods for controlling noise, such as, but not limited to noise blankets, shields or portable sound barriers. Construction activities should be scheduled to minimize noise as much as possible.
4) The applicant shall provide personnel and equipment who shall provide continuous sound level monitoring during the hours of the variance.
5) All equipment, or similar devices shall be turned off no later than 6:00 p.m. for the September 12, 2023 through November 30, 2023 construction dates.
6) If the sound level variance is approved, the applicant will notify, in writing, all property owners/residents within 400 feet of the proposed work location. Notice shall be a minimum of forty-eight (48) hours prior to the start of the work.
FURTHER RESOLVED, that any violations of the conditions set forth above on the September 10, 2023 through November 30, 2023 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
Logan Carlson, Veit & Company Project Engineer, has requested an exemption from the sound level limitations in Chapter 293.07 in order to present amplified sound, with limitations, from 6:00 a.m. to 6:00 p.m. Monday-Friday beginning as soon as possible and ending November 30, 2023, at Minnesota Street from Kellogg Blvd E to 6th St. 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