Title
Approving the application of El Burrito Mercado for a sound level variance in order to present amplified sound on Thursdays June 5, 12, 19, 26, July 10, 17, 24, 31, August 7, 14, 21, and 28, 2025 at 175 Caesar Chavez Street - El Burrito Mercado patio.
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, El Burrito Mercado, represented by Milissa Silva, CEO, who has been designated as the responsible person on the application, has applied for a variance, at a requested sound level limit of 70 dBA at no specified distance from the sound source, to present amplified sound for the La Mezcla Thursdays Music Series at 175 Caesar Chavez St - El Burrito Mercado patio; and
WHEREAS, applicant has requested a variance for the hours from of 5:00 p.m. to 9:30 p.m. on Thursdays June 5, 12, 19, 26, July 10, 17, 24, 31, August 7, 14, 21, and 28, 2025, for a La Mezcla Thursdays Music Series; and
WHEREAS, if applicant is not granted a variance applicant will not be able to present amplified sound at 175 Caesar Chavez St - El Burrito Mercado patio; 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 El Burrito Mercado, subject to the following conditions:
1) The Variance shall be for the hours of 5:00 p.m. to 9:30 p.m. on Thursdays June 5, 12, 19, 26, July 10, 17, 24, 31, August 7, 14, 21, and 28, 2025 for a La Mezcla Thursdays Music Series.
2) All electronically powered equipment used in conjunction with the event shall not exceed 85 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. FURTHER RESOLVED, that any violations of the conditions set forth above on the Thursdays, June 5- August 28, 2025 Music Series dates may result in denial of future requests for the granting of a noise variance, in addition to any criminal citation which might issue. The applicant shall provide personnel and equipment to ensure compliance with the sound level variance conditions.
4) All electronically powered equipment, PA systems, loudspeakers or similar devices shall be turned off no later than 9:30 p.m. on Thursdays June 5, 12, 19, 26, July 10, 17, 24, 31, August 7, 14, 21, and 28, 2025, the event dates.
FURTHER RESOLVED, that any violations of the conditions set forth above on the Thursdays June 5, 12, 19, 26, July 10, 17, 24, 31, August 7, 14, 21, and 28, 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
El Burrito Mercado, represented by CEO, Milissa Silva, has requested an exemption from the sound level limitations in Chapter 293.07 in order to present amplified sound, with limitations, from 5:00 p.m. to 9:30 p.m. on Thursdays June 5, 12, 19, 26, July 10, 17, 24, 31, August 7, 14, 21, and 28, 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