Title
Approving the application of Mississippi Market for a sound level variance in order to excavate and construct a Mississippi Market Natural Foods Co-op Grocery Store at 740 Seventh Street East from September 30, 2014 to August 1, 2015, with a noise source of operation from 7:00 a.m. to 6:00 p.m. Monday through Friday.
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, Mississippi Market, represented by Christine Nicholson, Operations Manager, who has been designated as the responsible person on the application, has applied for a variance in order to excavate and construct a Mississippi Market Natural Foods Co-op Grocery Store at 740 7th Street East from September 30, 2014 to August 1, 2015 with a noise source of operation from 7:00 a.m. to 6:00 p.m., Monday through Friday.; and
WHEREAS, if applicant is not granted a variance it will not be able to excavate and construct a Mississippi Market Natural Foods Co-op Grocery Store at the 740 7th Street East site; 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 sound level variance to the Mississippi Market, subject to the following conditions:
1. The variance will be for the Mississippi Market Natural Foods Co-op Grocery Store Excavation and Construction Project at 740 7th Street East, from September 30, 2014 to August 1, 2015 with a noise source of operation from 7:00 a.m. to 6:00 p.m., Monday through Friday.
2. The Contractors working on the project will use best practicable methods for controlling noise such as, but not limited to, noise blankets, shields or portable sound barriers. Construction activities will be scheduled to minimize noise as much as possible in the late night and early morning hours. Jackhammers, pavement breakers, pile drivers and any similar type of equipment should be fitted with manufacturer's approved exhaust mufflers.
3. The applicant shall provide personnel and equipment to ensure compliance with the variance conditions.
4. A copy of this sound level variance must be maintained at the event location and be available for review by the City of Saint Paul Police or inspection personnel.
FURTHER RESOLVED, that any violations of the conditions set forth above on any of the dates may result in revocation of the grant of a variance for the subsequent date(s), in addition to any criminal citation which might issue.
Required Background Information
Mississippi Market, represented by Christina Nicholson, Operations Manager, has requested an exemption from the sound level limitations in Chapter 293.07 with a sound level variance application in order to excavate and construct a Mississippi Market Natural Foods Co-op Grocery Store at 740 7th Street East. 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