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File #: RES PH 14-243    Version: 1
Type: Resolution-Public Hearing Status: Passed
In control: City Council
Final action: 9/3/2014
Title: Approving the application of American Royalty Group for a sound level variance in order to present outdoor music performance and play by play announcements on Saturday, September 6, 2014 and Sunday, September 7, 2014 from 8:00 a.m. to 5:00 p.m. during the American Royalty Group Gus Macker Tournament 2014 at 75 Reverend Doctor Martin Luther King Boulevard, Upper and Lower Mall Area of State Capitol Complex.
Sponsors: Dai Thao
Ward: Ward - 1
Attachments: 1. Application, 2. ENS, 3. Map, 4. Notice to District Councils, 5. Notice to Property Owners, 6. List of Property Owners, 7. Letter to Applicant
Title
Approving the application of American Royalty Group for a sound level variance in order to present outdoor music performance and play by play announcements on Saturday, September 6, 2014 and Sunday, September 7, 2014 from 8:00 a.m. to 5:00 p.m. during the American Royalty Group Gus Macker Tournament 2014 at 75 Reverend Doctor Martin Luther King Boulevard, Upper and Lower Mall Area of State Capitol Complex.
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, American Royalty Group, represented by Orlando Walker, Project Director, who has been designated as the responsible person on the application, has applied for a variance to present outdoor music and play by play announcements at 75 Reverend Doctor Martin Luther King Boulevard, Upper and Lower Mall Area of State Capitol Complex; and
WHEREAS, applicant is seeking a variance for the hours of 8:00 a.m. to 5:00 p.m. for outdoor music and play by play announcements for a performance and announcements at 75 Reverend Doctor Martin Luther King Boulevard, Upper and Lower Mall Area of State Capitol Complex on Saturday, September 6, 2014 and Sunday, September 7, 2014 during the American Royalty Group Gus Macker Tournament 2014; and
WHEREAS, if applicant is not granted a variance it will not be able to present outdoor music and announcements at 75 Reverend Doctor Martin Luther King Boulevard, Upper and Lower Mall Area of State Capitol Complex; 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 American Royalty Group, subject to the following conditions:
1)  The variance will be for the American Royalty Group Gus Macker Tournament at 75 Reverend Doctor Martin Luther King Boulevard, Upper and Lower Mall Area of the State Capitol Complex for the hours of 8:00 a.m. to 5:00 p.m. for music performance and play by play announcements on Saturday, September 6, 2014 and Sunday, September 7, 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 50 feet from sound source.
3)  The applicant will provide personnel and equipment to ensure compliance with the sound level variance conditions.
4)  All electronically powered equipment, PA systems, loudspeakers or similar devices must be turned off no later than 5:00 p.m. on the dates of the event.
FURTHER RESOLVED, that any violations of the conditions set forth above, may result in denial of any future variances, in addition to any criminal citation which may be issued.
Required Background Information
American Royalty Group, represented by Orlando Walker, Project Director, has requested an exemption from the sound level limitations in Chapter 293.07 in order to present outdoor music and announcements, with limitations, from 8:00 a.m. to 5:00 p.m. on Saturday, September 6, 2014 and September 7, 2014 during the Gus Macker Tournament 2014 at 75 Reverend Doctor Martin Luther King Boulevard, Upper and Lower Mall Area of State Capitol Complex.  Chapter 293.09 provides for the granting of variances from the sound level limitation contained in Chapter 293.07.
Was proper notice given?  YES - See Attachments
Date NameDistrictOpinionCommentAction
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