Title
Approving the application of The Leukemia & Lymphoma Society Inc. for a sound level variance in order to present live amplified sound on September 26, 2024 at 200 Dr Justus Ohage Boulevard. - Harriet Island Regional Park.
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 Leukemia & Lymphoma Society Inc., represented by Kortney Hamm, Executive Director, Upper Plains, who has been designated as the responsible person on the application, has applied for a variance, for a requested sound level limit of 85 dBA at 50 ft, to present amplified sound at 200 Dr Justus Ohage Blvd. - Harriet Island Regional Park; and
WHEREAS, applicant has requested a variance for the hours from 4:00 p.m. to 9:00 p.m. on September 26, 2024 for The Leukemia & Lymphoma Society’s Light the Night event; and
WHEREAS, if applicant is not granted a variance applicant will not be able to present amplified sound at 200 Dr Justus Ohage Blvd. - Harriet Island Regional Park; 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 Leukemia & Lymphoma Society Inc., subject to the following conditions:
1) The Variance shall be for the hours from 4:00 p.m. to 9:00 p.m. on Thursday, September 26, 2024, for The Leukemia & Lymphoma Society.
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 September 26, 2024.
3) The applicant shall continuously monitor the decibel level from the variance approved distance of each noise source throughout the duration of the variance and create a report that records the decibel levels at intervals no greater than 10 minutes apart. The report shall be available for viewing by city staff, upon request.
4) All electronically powered equipment, PA systems, loudspeakers or similar devices shall be turned off no later than 9:00 p.m. September 26, 2024.
FURTHER RESOLVED, that any violations of the conditions set forth above on the September 26, 2024 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
The Leukemia & Lymphoma Society Inc., represented by Kortney Hamm, Executive Director, Upper Plains, has requested an exemption from the sound level limitations in Chapter 293.07 in order to present amplified sound, with limitations, from 4:00 p.m. to 9:00 p.m. on September 26, 2024. 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