Title
Approving the application of FBDN Ventures for a sound level variance in order to present amplified sound on September 21, 2024 at 400 Snelling Ave N - Allianz Field Grounds.
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, FBDN Ventures, represented by Breno Bueno, CEO, who has been designated as the responsible person on the application, has applied for a variance, for 90 dBA at no specified distance, to present amplified sound for the Forbidden Festival at 400 Snelling Ave N - Allianz Fields grounds to the north and northeast of Allianz Field; and
WHEREAS, applicant has requested a variance for the hours from 2:00 p.m. to 10:30 p.m. on Saturday, September 21, 2024, with a pre-event sound check at 1:00 p.m. for the Forbidden Festival; and
WHEREAS, if applicant is not granted a variance applicant will not be able to present amplified sound at 400 Snelling Ave N - outside of Allianz Field; 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 FBDN Ventures, subject to the following conditions:
1) The Variance shall be for the hours from 2:00 p.m. to 10:30 p.m., with a pre-event sound check at 1:00 p.m. on Saturday September 21, 2024 for the Forbidden Festival.
2) All electronically powered equipment used in conjunction with the event shall not exceed 90 dBA as measured at 50 feet from all sound sources for the event hours of 2:00 p.m. until 10:30 p.m. and shall not exceed 85 dBA as measured at 50 feet from the sound sources during the pre-event sound check between the hours of 1:00 p.m. to 2:00 p.m. on Saturday September 21, 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) 4) All electronically powered equipment, PA systems, loudspeakers or similar devices shall be turned off no later than 10:30 p.m. on Saturday, September 21, 2024.
FURTHER RESOLVED, that any violations of the conditions set forth above on the September 21, 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
FBDN Ventures, represented by CEO, Breno Bueno, has requested an exemption from the sound level limitations in Chapter 293.07 in order to present amplified sound, with limitations, from 2:00 p.m. to 10:30 p.m. on Saturday, September 21, 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