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File #: RES PH 13-116    Version: 1
Type: Resolution-Public Hearing Status: Passed
In control: City Council
Final action: 6/5/2013
Title: Approving the application of Brian Horst for a sound level variance to present amplified music for concerts from 6:00 p.m. until 9:00 p.m. on Thursdays from June 6, 2013 to August 29, 2013 (excluding July 4, 2013), and movies from 9:00 p.m. to 11:00 p.m. on Thursdays between July 25, 2013 to August 29, 2013 in Mears Park.
Sponsors: Dave Thune
Attachments: 1. Music in Mears District Council 17 Notification Letter.pdf, 2. Music in Mears Notice Example.pdf, 3. Music in Mears Applicant Notification Letter.pdf, 4. Music in Mears ENS 2013.pdf, 5. Music in Mears Property Owner List.pdf, 6. Music in Mears Application.pdf, 7. Music in Mears Map.pdf
Title
Approving the application of Brian Horst for a sound level variance to present amplified music for concerts from 6:00 p.m. until 9:00 p.m. on Thursdays from June 6, 2013 to August 29, 2013 (excluding July 4, 2013), and movies from 9:00 p.m. to 11:00 p.m. on Thursdays between July 25, 2013 to August 29, 2013 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, Brian Horst, Event Manager, has been designated as the responsible person on the application, has applied for a variance to present amplified music for concerts from 6:00 p.m. until 9:00 p.m. on Thursdays between June 6, 2013 through August 29, 2013 (excluding July 4, 2013) followed by movies from 9:00 p.m. to 11:00 p.m. on Thursdays between July 25, 2013 through August 29, 2013 in Mears Park; and

WHEREAS, applicant is seeking a variance for the hours of 6:00 p.m. until 9:00 p.m. on Thursdays between June 6, 2013 through August 29, 2013 (excluding July 4, 2013) followed by movies from 9:00 p.m. to 11:00 p.m. on Thursdays between July 25, 2013 through August 29, 2013; and

WHEREAS, if applicant is not granted a variance it will not be able to present the amplified music and show movies 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 the Brian Horst, subject to the following conditions:

1) The variance shall be for the hours from 6:00 p.m. until 9:00 p.m. on Thursdays...

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