Title
Approving the application of Terry Beasly, owner of E & J Dry Cleaners, for a sound level variance in order to present amplified live band music during the Selby Lot Party from 3:00 p.m. to 9:00 p.m. on June 2, 2013 at 642 Selby 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, Terry Beasley, who has been designated as the responsible person on the application, has applied for a variance to present amplified live band music during the Selby Lot Party from 3:00 p.m. until 9:00 p.m. on June 2, 2013 at 642 Selby Avenue.; and
WHEREAS, applicant is seeking a variance for the hours of 3:00 p.m. until 9:00 p.m. on June 2, 2013; and
WHEREAS, if applicant is not granted a variance she will not be able to present amplified live band music at 642 Selby Avenue; 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 Terry Beasley, subject to the following conditions:
1) The variance shall be for the hours of 3:00 p.m. until 9:00 p.m. on June 2, 2013 at 642 Selby Avenue.
2) All electronically powered equipment used in conjunction with the event shall not exceed 85 dBA, as measured at 50 feet from the music source.
3) The applicant shall provide personnel and equipment who shall provide continuous sound level monitoring at all stages and each sound mix during the hours of the variance, to ensure compliance with Condition #2.
4) All electronically powered equipment, PA systems, loudspeakers or similar devices shall be turned off no later than 9:00 p.m. on the event date.
FURTHER RESOLVED, that any violations of the conditions set forth above on the June 2, 2013 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
Terry Beasley, owner of E & J Dry Cleaners has requested an exemption from the sound level limitations in Chapter 293.07 in order to present amplified live band music, with limitations, during the Selby Lot Party at 642 Selby Avenue from 3:00 p.m. until 9:00 p.m. on June 2, 2013. 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