Title
Approving the application of Ka Vang for a sound level variance in order to present amplified sound on August 19, 2023 and August 20, 2023 at 75 Rev Dr Martin Luther King Jr Blvd - State Capitol Grounds.
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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, §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, Ka Vang, Event Coordinator, who has been designated as the responsible person on the application, has applied for a variance, for 100-140 dBA at no specific distance to present amplified sound for the Asian Street Food Night Market at 75 Rev Dr Martin Luther King Jr Blvd - Minnesota State Capitol Grounds; and
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WHEREAS, applicant has requested a variance for the hours of 1:00 p.m. to 11:00 p.m. on August 19, 2023 and 10:00 a.m. to 9:00 p.m. on August 20,2023 with a pre-event sound check from 11:00 a.m. to 12:00 p.m. on August 19, 2023 for the Asian Street Food Night Market; and
WHEREAS, if applicant is not granted a variance applicant will not be able to present amplified sound at 75 Rev Dr Martin Luther King Jr Blvd; 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 Ka Vang, subject to the following conditions:
1) The Variance shall be for the hours of 1:00 p.m. to 11:00 p.m. on Saturday, August 19, 2023 and 10:00 a.m. to 9:00 p.m. on Sunday, August 20, 2023 with a pre-event sound check from 11:00 a.m. to 12:00 p.m. on Saturday, August 19, 2023 for the Asian Street Food Night Market.
2) All electronically powered equipment used in conjunction with the event shall not exceed 90 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 11:00 p.m. on August 19, 2023, and 9:00 p.m. on August 20, 2023 the event dates.
FURTHER RESOLVED, that any violations of the conditions set forth above on the August 19, 2023 and August 20, 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
Ka Vang, Event Coordinator, has requested an exemption from the sound level limitations in Chapter 293.07 in order to present amplified sound, with limitations, from 1:00 p.m. to 11:00 p.m. on August 19, 2023 and 10:00 a.m. to 9:00 p.m. on August 20, 2023 with a pre-event sound check from 11:00 a.m. to 12:00 p.m. on August 19, 2023. 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