Title
Approving the application of Toua Xiong, Hmong Town Marketplace, for a sound level variance in order to present amplified music during the Hmong Town Festival at 217 Como Avenue, on Como Avenue between Marion Street and Galtier Street, and at Sheffer 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, Hmong Town Marketplace, represented by Toua Xiong, Owner, who has been designated as the responsible person on the application, has applied for a variance, at a requested sound level limit of 85 dBA at no specified distance, 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 Midnight on Saturday, June 24 and Sunday, June 25, 2017, with a pre-event sound check at 7:00 a.m. on June 24 and June 25, 2017 during the Hmong Town 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 Hmong Town Marketplace, subject to the following conditions:
1) The variance shall be for the hours of 9:00 a.m. to 11:59 p.m. on June 24, 2017 and from 9:00 a.m. until 8:00 p.m. on June 25, 2017, with a pre-event sound check at 7:00 a.m. on June 24 an...
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