Title
Approving the application of Saint Paul Festival and Heritage Foundation for a sound level variance in order to present amplified music, with limitations, Between 9:00 a.m. and 9:00 p.m., in Rice Park from January 27 through February 6, 2011 during the Saint Paul Winter Carnival.
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, Saint Paul Festival and Heritage Foundation, represented by Beth Pinkney, CEO, who has been designated as the responsible person on the application, has applied for a variance to present amplified music in Rice Park during the Saint Paul Winter Carnival; and
WHEREAS, applicant is seeking a variance for the hours of 9:00 a.m. to 9:00 p.m. from January 27 through February 6, 2011; and
WHEREAS, if applicant is not granted a variance it will not be able to present amplified music at Rice 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 Saint Paul Festival and Heritage Foundation, subject to the following conditions:
1) The variance shall be for the hours of 9:00 a.m. to 9:00 p.m. from January 27 through February 6, 2011 during the Saint Paul Winter Carnival.
2) All electronically powered equipment used in conjunction with the event shall not exceed 85 dBA for scheduled public performances/events, and 80 dBA for background music played outside of performance times (as above), as measured at any point on the public sidewalk adjacent to and surroundin...
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