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File #: RES PH 23-100    Version: 1
Type: Resolution-Public Hearing Status: Passed
In control: City Council
Final action: 5/3/2023
Title: Approving the application of Hot Summer Jazz Festival for a sound level variance in order to present live amplified sound on June 23 and 24, 2023 at 221 5th St. E. - Mears Park.
Sponsors: Rebecca Noecker
Ward: Ward - 2
Attachments: 1. Twin Cities Jazz Festival Application, 2. ENS.1, 3. Map, 4. Twin Cities Jazz Festival.Notice to Owners, 5. Owner list, 6. Twin Cities Jazz Festival.Letter to Applicant
...Title
Approving the application of Hot Summer Jazz Festival for a sound level variance in order to present live amplified sound on June 23 and 24, 2023 at 221 5th St. E. - 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, Hot Summer Jazz Festival, represented by Steve Heckler, Executive Director, who has been designated as the responsible person on the application, has applied for a variance, for 95 dBA measured at 100 ft from the sound source at Mears Park, to present amplified sound; and

WHEREAS, applicant has requested a variance for the hours from 12:00 p.m. to 10:00 p.m., with a pre-event sound check at 11:00 a.m. on Friday, June 23 and Saturday, June 24, 2023 for the Hot Summer Jazz Festival - Twin Cities Jazz Festival event; and

WHEREAS, if applicant is not granted a variance applicant will not be able to present amplified sound at 221 5th St. E. - 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 Hot Summer Jazz Festival, subject to the following conditions:

1) The Variance shall be for the hours of 12:00 p.m. to 10:00 p.m., with a pre-event sound check at 11:00 a.m. on Friday, June 23 and Saturday, June 24, 2023.

2) All electronically powered equipment used in conjunction with the event shall not exceed 92 dBA as measured at 50 feet from all sound sources from 12:00 p.m. until 10:00 p.m. on Friday, June 23 and Saturday, June 24, 2023.
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