Title
Approving the application of SPC Enterprises, Inc., d/b/a Station 4, for a sound level variance in order to present amplified live music from 11:00 a.m. until 10:00 p.m. on July 31, 2011 during the 2nd Annual Lowertown Music Festival at the intersection of 4th Street East and Sibley 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, SPC Enterprises, Inc., dba Station 4, represented by Steve Ledin, President, who has been designated as the responsible person on the application, has applied for a variance to present amplified live music at the 4th Street E. and Sibley Street intersection; and
WHEREAS, applicant is seeking a variance for the hours of 11:00 a.m. to 10:00 p.m. on July 31, 2011 during the 2nd Annual Lowertown Music Festival; and
WHEREAS, if applicant is not granted a variance it will not be able to present amplified live music at the 4th Street E. and Sibley Street intersection; 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 SPC Enterprises, Inc., dba Station 4, subject to the following conditions:
1) The variance shall be for the hours of 11:00 a.m. to 10:00 p.m. on July 31, 2011.
2) All electronically powered equipment used in conjunction with the event shall not exceed 85 dBA as measured at the sound mix or 50 feet from the stage, whichever is closer.
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 10:00 p.m. on the event date.
FURTHER RESOLVED, that any violations of the conditions set forth above on the July 31, 2011 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
SPC Enterprises, Inc., dba Station 4, represented by Steve Ledin, President, has requested an exemption from the sound level limitations in Chapter 293.07 in order to present amplified live music, with limitations, from 11:00 a.m. until 10:00 p.m. on July 31, 2011 during the 2nd Annual Lowertown Music Festival. 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