Title
Approving the application of Brian Horst for a sound level variance in order to present amplified music for the Music in Mears concerts from 6:00 p.m. to 9:00 p.m. on ten (10) Thursdays, June 12, 2014 through August 21, 2014, followed by movies from 9:00 p.m. to 11:30 p.m. on seven (7) Thursdays, July 10, 2014 through August 21, 2014 in Mears Park.
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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 Director, has been designated as the responsible person on the application, has applied for a to present amplified music for concerts from 6:00 p.m. until 9:00 p.m. on ten (10) Thursdays starting June 12, 2014 through August 21, 2014 and followed by movies from 9:00 p.m. to 11:30 p.m. on seven (7) Thursdays from July 10, 2014 through August 21, 2014 in Mears Park; and
WHEREAS, applicant is seeking a variance for the hours of 6:00 p.m. until 9:00 p.m. on ten (10) Thursdays starting June 12, 2014 through August 21, 2014 and from 9:00 p.m. to 11:30 p.m. on seven (7) Thursdays from July 10, 2014 through August 21, 2014; 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 will be for amplified music for the hours from 6:00 p.m. until 9:00 p.m. on ten (10) Thursdays starting June 12, 2014 through August 21, 2014 and for movies from 9:00 p.m. to 11:30 p.m. on seven (7) Thursdays starting July 10, 2014 through August 21, 2014.
2) All electronically powered equipment, PA systems, loudspeakers or similar devices used in conjunction with the event must not exceed 85 dBA, as measured at 50 feet from the noise source from 6:00 p.m. until 9:00 p.m., and 75 dBA as measured at 50 feet from the noise source from 9:00 p.m. until 11:30 p.m.
3) The applicant shall provide personnel and equipment who will provide sound level monitoring to ensure compliance with the sound level variance conditions.
4) All electronically powered equipment, PA systems, loudspeakers or similar devices shall be turned off no later than 9:00 p.m. on three (3) Thursdays from June 12, 2014 through June 26, 2014 and no later than 11:30 p.m. on seven (7) Thursdays from July 10, 2014 through August 21, 2014.
FURTHER RESOLVED, that any violations of the conditions set forth above on any of the dates may result in revocation of this variance for the remaining date(s), in addition to any criminal citation which might issue.
Required Background Information
Brian Horst, Event Director, has requested an exemption from the sound level limitations in Chapter 293.07 in order to present amplified music for concerts from 6:00 p.m. until 9:00 p.m. on ten (10) Thursdays starting June 12, 2014 through August 21, 2014 and followed by movies from 9:00 p.m. to 11:30 p.m. on seven (7) Thursdays from July 10, 2014 through August 21, 2014 in Mears Park. Chapter 293.09 provides for the granting of variances from the sound level limitations contained in Chapter 293.07.
Was proper notice given? YES - See Attachments