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File #: RES PH 11-963    Version: 1
Type: Resolution-Public Hearing Status: Passed
In control: City Council
Final action: 7/6/2011
Title: Approving the application of McNally Smith College of Music for a sound level variance in order to present amplified music from 11:00 a.m. until 10:00 p.m. on July 9, 2011 during a community event concert in Mears Park.
Sponsors: Dave Thune
Attachments: 1. SLV McNally Smith College of Music Application.pdf, 2. SLV McNally Smith College of Music ENS Notification.pdf, 3. Applicant McNally Smith College of Music SLV Notification Letter.doc.pdf, 4. District Council 17 McNally Smith College of Music Notification Letter.pdf, 5. Property McNally Smith College of Music Notification Map.pdf, 6. Property Owners McNally Smith College of Music Notification List.pdf, 7. Property Owners McNally Smith College of Music Notification Letter Example.pdf
Title
Approving the application of McNally Smith College of Music for a sound level variance in order to present amplified music from 11:00 a.m. until 10:00 p.m. on July 9, 2011 during a community event concert in Mears Park.

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, McNally Smith College of Music, represented by Chelsea Dammen, Events Manager, who has been designated as the responsible person on the application, has applied for a variance to present amplified music in Mears Park; and

WHEREAS, applicant is seeking a variance for the hours of 11:00 a.m. to 10:00 p.m. on July 9, 2011 during a community event concert; and

WHEREAS, if applicant is not granted a variance it will not be able to present amplified music in Mears 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 McNally Smith College of Music, subject to the following conditions:

1) The variance shall be for the hours of 11:00 a.m. to 10:00 p.m. on July 9, 2011.

2) All electronically powered equipment used in conjunction with the event shall not exceed 85 dBA as measured at the sound mix or 50 feet from the stage, whichever is closer.

3) The applicant shall provide personnel and equipment who shall provide continuous sound level monitoring at each sound mix during the hours of the variance.

4) All electronically powered equipment, PA systems, loudspeakers or similar devices shall be turned ...

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