Title
Approving the application of Minnesota Monthly for a sound level variance to present live amplified music for Grillfest on Saturday, May 4 and Sunday May 5, 2019 at 360 North Broadway Street.
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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, Minnesota Monthly, represented by Arthur Morrisey, Director of Marketing and Events, who has been designated as the responsible person on the application, has applied for a variance, with an amended request of 85 decibels (dBA) sound level limit at 50 feet, to present amplified music at 360 N. Broadway St.; and
WHEREAS, applicant has requested a variance for the hours from 2:00 p.m. to 2:45 p.m. and 3:15 p.m. to 4:00 p.m., with a pre-event sound check at 1:30 p.m. on Saturday, May 4 and Sunday May 5, 2019 for Minnesota Monthly’s Grillfest; and
WHEREAS, if applicant is not granted a variance applicant will not be able to present amplified music at 360 N. Broadway St.; 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 Minnesota Monthly, subject to the following conditions:
1) The Variance shall be for the hours from 2:00 p.m. to 2:45 p.m. and 3:15 p.m. to 4:00 p.m., with a pre-event sound check at 1:30 p.m. on Saturday, May 4 and Sunday May 5, 2019.
2) All electronically powered equipment used in conjunction with the event shall not exceed 85 dBA as measured at 50 feet from all sound sources outside.
3) The applicant shall provide personnel and equipment who shall provide continuous sound level monitoring at each sound mix during the hours of the variance.
4) All electronically powered equipment, PA systems, loudspeakers or similar devices shall be turned off no later than 4:00 p.m. on Saturday, May 4 and Sunday May 5, 2019, the event dates.
FURTHER RESOLVED, that any violations of the conditions set forth above on the Saturday, May 4 and Sunday May 5, 2019 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
Minnesota Monthly, represented by Arthur Morrisey, have requested an exemption from the sound level limitations in Chapter 293.07 in order to present live amplified music, with limitations, from 2:00 p.m. to 2:45 p.m. and 3:15 p.m. to 4:00 p.m., with a pre-event sound check at 1:30 p.m. on Saturday, May 4 and Sunday May 5, 2019. 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