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File #: RES PH 14-34    Version: 1
Type: Resolution-Public Hearing Status: Passed
In control: City Council
Final action: 2/19/2014
Title: Approving the application of The Happy Gnome LLC for a sound level variance in order to provide a DJ and amplified music on the outdoor patio at 498 Selby Avenue, on Saturday February 22, 2014 between 6:00 PM and 12:00 Midnight.
Sponsors: Dai Thao
Ward: Ward - 1
Attachments: 1. Happy Gnome SLV Application.pdf, 2. Happy Gnome 2014 Letter to Applicant.pdf, 3. Happy Gnome ENS.pdf, 4. Happy Gnome DC Notifcation Ltr.pdf, 5. Happy Gnome Map.pdf, 6. Happy Gnome Prop Owner List.pdf, 7. Happy Gnome Prop Owner Example Letter.pdf, 8. Kelby email re Happy Gnome noise variance request, 9. Happy Gnome 2014 Public Hearing Respose Ltr2
Title
Approving the application of The Happy Gnome LLC for a sound level variance in order to provide a DJ and amplified music on the outdoor patio at 498 Selby Avenue, on Saturday February 22, 2014 between 6:00 PM and 12:00 Midnight.
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 Happy Gnome LLC, 498 Selby Avenue, represented by Ryan Huseby, General Manager, who has been designated as the responsible person on the application, has applied for a variance for a DJ and amplified music event on the outdoor patio.  The applicant is seeking a variance to be able to provide amplified music on the outdoor patio on Saturday, February 22, 2014; and
   
WHEREAS, if applicant is not granted a variance, they will not be able to provide amplified music outdoors for the event; 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 Happy Gnome LLC, subject to the following conditions:
   
1) The variance will be for DJ and amplified music at The Happy Gnome, 498 Selby Avenue on Saturday, February 22, 2014 from 6:00 pm to 12:00 Midnight, 2014.
   
2) All amplified music, loudspeakers or similar devices will not exceed 85 dBA, as measured 50 feet from such devices.
3) The applicant will provide personnel and equipment to monitor sound levels during the event, to ensure compliance with these conditions.
4) All music, loudspeakers or similar devices will be turned off no later than 12:00 p.m. Midnight on Saturday, February 22, 2014.
FURTHER RESOLVED, that any violation of the conditions set forth above may result in the denial of future requests for the granting of a noise variance, in addition to any criminal citation which may be issued.
Required Background Information
The Happy Gnome LLC, 498 Selby Avenue, represented by Ryan Huseby, General Manager, has requested an exemption from the sound level limitations in Chapter 293.07 in order to provide amplified music on an outdoor patio on Saturday, February 22, 2014 from 6:00 PM to 12:00 PM Midnight.  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
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