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File #: RES PH 17-183    Version: 1
Type: Resolution-Public Hearing Status: Passed
In control: City Council
Final action: 7/19/2017
Title: Approving the application of El Burrito Mercado for a sound level variance in order to present live music every Thursday evening for Noches Tropicales beginning Thursday, July 20 through August 31, 2017 at the LaPlacita Patio space at 175 Cesar Chavez Street.
Sponsors: Rebecca Noecker
Ward: Ward - 2
Attachments: 1. Application, 2. ENS, 3. Map, 4. Notice to Owners, 5. List of Owners, 6. Letter to Applicant
Title

Approving the application of El Burrito Mercado for a sound level variance in order to present live music every Thursday evening for Noches Tropicales beginning Thursday, July 20 through August 31, 2017 at the LaPlacita Patio space at 175 Cesar Chavez Street.

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, Milissa Silva-Diaz, President and Owner, who has been designated as the responsible person on the applications, has applied for a variance for a sound level variance at a requested level of 80 dBA at no specified distance, to present live music. Proposed times of operation are from 5:00  p.m. until 9:00 p.m. every Thursday beginning July 20 through August 31, 2017 at the LaPlacita Plaza space at 175 Cesar Chavez Street; and

WHEREAS, if applicant is not granted the variances, applicant will not be able to present the outdoor music series at the LaPlacita Plaza space at 175 Cesar Chavez Street; and

WHEREAS, the Department of Safety and Inspections (DSI) 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 Milissa Silva-Diaz, subject to the following conditions:

1) The variance will be for the Noches Tropicales music series with live music from 5:00 p.m. until 9:00 p.m. beginning Thursday, July 20, 2017 and every Thursday through Thursday, August 31, 2017 at the LaPlacita Plaza space at 175 Cesar Chavez Street.

2) All electronically powered equipment, PA systems, loudspeakers or similar devices used in conjunction with ...

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