Title
Approving the application of Burger Moe’s for a sound level variance in order to present amplified sound for the St Patrick’s Day/Lucky Palooza event on March 14, 2026, at 242 7th St. W - Burger Moe’s parking lot.
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, section 293.10 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, Burger Moe’s, represented by Moe Sharif, Owner, who has been designated as the responsible person on the application, has applied for a variance, for a requested sound level limit of 90 dBA at no specified distance from the sound source, to present amplified sound at 242 7th St W - Burger Moe’s parking lot; and
WHEREAS, the applicant has requested a variance for the hours of 12:00 p.m. to 11:30 p.m. on Saturday, March 14, 2026, for the St Patrick’s Day/Lucky Palooza event; and
WHEREAS, if the applicant is not granted a variance, then the applicant will not be able to present amplified sound at 242 7th St. W - Burger Moe’s parking lot; 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 Burger Moe’s, subject to the following conditions:
1) The Variance shall be for the hours of 12:00 p.m. to 11:30 p.m. on Saturday, March 14, 2026, for the St. Patrick's Day/Lucky Palooza event.
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 outside of the fully enclosed tent from 12:00 p.m. until 10:59 p.m. and shall not exceed 80 dBA as measured at 50 feet outside of the fully enclosed tent from 11:00 p.m. until 11:29 p.m. on Saturday, March 14, 2026.
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. The 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 11:30 p.m. on March 14, 2026, the event date.
FURTHER RESOLVED, that any violations of the conditions set forth above on March 14, 2026, the event date, may result in denial of future requests for the grant of a noise variance, in addition to any criminal citation that might issue.
Required Background Information
Burger Moe’s, represented by Moe Sharif, Owner, has requested an exemption from the sound level limitations in Chapter 293 in order to present amplified sound, with limitations, from 12:00 p.m. to 11:30 p.m. on Saturday, March 14, 2026. Section 293.10 provides for the granting of variances from the sound level limitations contained in section 293.07.
Was proper notice given? YES - See Attachments
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