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File #: RES PH 16-140    Version: 1
Type: Resolution-Public Hearing Status: Passed
In control: City Council
Final action: 5/18/2016
Title: Approving the application of Toua Xiong, HmongTown Marketplace, for a sound level variance in order to present amplified music during the HmongTown Festival at 217 Como Avenue, Como Avenue between Marion Street and Galtier Street, and Sheffer Park, on June 25 and June 26, 2016.
Sponsors: Dai Thao
Ward: Ward - 1
Attachments: 1. Application, 2. ENS, 3. Map, 4. Notice to District Council, 5. Notice to Property Owners, 6. List of Property Owners, 7. Letter to Applicant
Title
Approving the application of Toua Xiong, HmongTown Marketplace, for a sound level variance in order to present amplified music during the HmongTown Festival at 217 Como Avenue, Como Avenue between Marion Street and Galtier Street, and Sheffer Park, on June 25 and June 26, 2016.

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, HmongTown Marketplace, represented by Toua Xiong, Owner, who has been designated as the responsible person on the application, has applied for a variance to present amplified music at 217 Como Avenue, Como Avenue between Marion Street and Galtier Street and Sheffer Park ; and

WHEREAS, applicant is seeking a variance for the hours of 9:00 a.m. to 9:00 p.m. on June 25 and June 26, 2016, with a pre-event sound check from 8:00 a.m. to 9:00 a.m. on June 25, 2016 during the HmongTown Festival; and

WHEREAS, if applicant is not granted a variance applicant will not be able to present amplified music at 217 Como Avenue, Como Avenue between Marion Street and Galtier Street and Sheffer Park; 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 HmongTown Marketplace, subject to the following conditions:

1) The variance shall be for the hours of 9:00 a.m. to 9:00 p.m. on June 25 and June 26, 2016, with a pre-event sound check from 8:00 a.m. to 9:00 a.m. on June 25, 2016.

2) All electronically powered equipment used in conjunction with the event shall no...

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