Title
Approving the application of Church of the Holy Childhood for a sound level variance in order to present live amplified sound on October 14, 2023 at 1435 Midway Parkway - Church of the Holy Childhood.
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, Church of the Holy Childhood, represented by James Thomas, Maintenance, who has been designated as the responsible person on the application, has applied for a variance, for a requested sound level limit of no specified dBA and distance, to present amplified sound at 1435 Midway Parkway.; and
WHEREAS, applicant has requested a variance for the hours from 6:00 pm to 10:00 pm. on October 14, 2023 for Oktoberfest; and
WHEREAS, if applicant is not granted a variance applicant will not be able to present amplified sound at 1435 Midway Parkway; 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 Church of the Holy Childhood, subject to the following conditions:
1) The Variance shall be for the hours of 6:00 pm to 10:00 pm. on Saturday, October 14, 2023
2) All electronically powered equipment used in conjunction with the event shall not exceed 85 dBA at 50 feet from the sound source specified distance from all sound sources.
3) The applicant shall provide personnel and equipment who shall provide continuous sound level monitoring at each sound source 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 pm on October 14, 2023, the event date.
FURTHER RESOLVED, that if three or more verified complaints from residents or businesses in the area regarding significant negative impact from the increased sound level variance for the Oktoberfest on Saturday, the sound level variance may be amended or revoked by the council. Such reduction will not require a further hearing before council but shall be documented in a written communication to council from DSI; and be it
FURTHER RESOLVED, that any violations of the conditions set forth above on October 14, 2023 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
Church of the Holy Childhood, represented by James Thomas has requested an exemption from the sound level limitations in Chapter 293.07 in order to present amplified sound, with limitations, from 6:00 pm to 10:00 pm. on October 14 2023. 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