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File #: RES PH 12-93    Version:
Type: Resolution-Public Hearing Status: Passed
In control: City Council
Final action: 4/4/2012
Title: Approving the application of Metropolitan Council for a sound level variance in order to allow Central Corridor Light Rail construction, with limitations, between 10:00 PM and 7:00 AM from April 5, 2012 to November 30, 2012 along University Avenue from Emerald Street to Hamline Avenue.
Sponsors: Russ Stark, Melvin Carter III
Attachments: 1. LtR Emerald - Hamline SLV Application.pdf, 2. LtR Emerald- Hamline ENS.pdf, 3. LtRail Emerald - Hamline Applicant Notification Letter.pdf, 4. LtR Emerald - Hamline District Council 11,12,13.pdf, 5. LtRail_Univ_Fairview_HamlineMap.pdf, 6. LtRail_Univ_Emerald_Fairview_Map.pdf, 7. LtRail_Univ_Emerald_Fairview_PropOwnersList.pdf, 8. LtRail_Univ_Fairview_HamlinePropOwnersList.pdf, 9. LTR Emerald - Hamline University Example.pdf, 10. Patricia James Communication, 11. Terry Havican Communication, 12. Union Park DC Communication
Title
Approving the application of Metropolitan Council for a sound level variance in order to allow Central Corridor Light Rail construction, with limitations, between 10:00 PM and 7:00 AM from April 5, 2012 to November 30, 2012 along University Avenue from Emerald Street to Hamline Avenue.

Body
AMENDED 4/04/12

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, Kevin Ryan, Manager of Transitways Construction, Metropolitan Council, who has been designated as the responsible person on the application, has applied for a variance to allow Central Corridor Light Rail construction along Cedar Street between 4th Street East and 7th Street East University Avenue from Emerald Street to Hamline Avenue; and

WHEREAS, in order to minimize disruption to businesses, the public and adjoining property owners, the applicant is seeking a variance for the hours of 10:00 PM to 7:00 AM for up to twenty-five (25) occurrences; and

WHEREAS, if applicant is not granted a variance it will not be able to complete construction within a timeline that would minimize disruption to businesses, the public and adjoining property owners; 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 the Metropolitan Council, subject to the following conditions:

1) The variance shall be for up to twenty-five (25 20) extended work periods of 10:00 PM to 7:00 AM from April 5, 2012 to November 30 July 15, 2012 along University Avenue fro...

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