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Approving the application of One Simple Plan LLC for a sound level variance in order to present amplified sound on August 15, and August 16, 2025 at the Minnesota State Capitol Grounds - 75 Rev Dr Martin Luther King Jr Blvd.
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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, One Simple Plan, LLC, represented by Clint Roberts, President, who has been designated as the responsible person on the application, has applied for a variance, for 110 dBA at no specific distance to present amplified sound for India Fest at the Minnesota State Capitol Grounds - 75 Rev Dr Martin Luther King Jr Blvd; and
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WHEREAS, applicant has requested a variance for the hours of 11:00 a.m. to 10:00 p.m. with a on August 15, and August 16, 2025 for IndiaFest 2025; and
WHEREAS, if applicant is not granted a variance applicant will not be able to present amplified sound at Minnesota State Capitol Grounds - 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 One Simple Plan, subject to the following conditions:
1) The Variance shall be for the hours of 11:00 a.m. to 10:00 p.m. on Friday, August 15, and Saturday, August 16, 2025 for IndiaFest 2025.
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 monitor the decibel level from the variance approved distance of each noise source and create a report that records the general operating decibel levels within 15 minutes of the start of each performing act and at intervals no greater than 60 minutes apart thereafter. The report shall be made available for viewing by city staff, upon request during the variance or within 30 days thereafter. Applicant shall also conduct a decibel reading during the variance upon request of city staff.
4) All electronically powered equipment, PA systems, loudspeakers or similar devices shall be turned off no later than 10:00 p.m. on August 15, and August 16, 2025, the event dates.
FURTHER RESOLVED, that any violations of the conditions set forth above on the August 15, and August 16, 2025 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
One Simple Plan, represented by Clint Roberts, President, has requested an exemption from the sound level limitations in Chapter 293.07 in order to present amplified sound, with limitations, from 11:00 a.m. to 10:00 p.m. on August 15, and August 16, 2025. 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