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File #: RES PH 23-34    Version: 1
Type: Resolution-Public Hearing Status: Passed
In control: City Council
Final action: 2/22/2023
Title: Approving the application of Burger Moe’s for a sound level variance in order to present amplified sound on Saturday, March 11, 2023, and Friday, March 17, 2023 at 242 7th St W - Burger Moe’s.
Sponsors: Rebecca Noecker
Ward: Ward - 2
Attachments: 1. Updated Lucky Palooza & St. Patrick's Day Application, 2. ENS.1, 3. Map, 4. Lucky Palooza & St. Patrick's Day.Notice to Owners, 5. Owners list, 6. Lucky Palooza & St. Patrick's Day.Letter to Applicant
Title
Approving the application of Burger Moe’s for a sound level variance in order to present amplified sound on Saturday, March 11, 2023, and Friday, March 17, 2023 at 242 7th St W - Burger Moe’s.
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, 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 sound level limit of no specific dBA and distance, to present amplified sound for a Lucky Palooza & St. Patrick’s Day events on March 11, 2023 and March 17, 2023, outside of 242 7th St W - Burger Moe’s; and

WHEREAS, applicant has requested a variance for the hours of 12:00 p.m. to 11:30 p.m. on Saturday, March 11, 2023, and Friday, March 17, 2023 for a Lucky Palooza & St. Patrick’s Day events; and

WHEREAS, if applicant is not granted a variance applicant will not be able to present amplified sound outside of 242 7th St W - Burger Moe’s; 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 from 12:00 p.m. to 11:29 p.m. on Saturday, March 11, 2023, and Friday, March 17, 2023 for a Lucky Palooza and St. Patrick’s Day events.

2) All electronically powered equipment used in conjunction with the event shall not exceed
90 dBA as measured at 50 feet from all soun...

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