Title
Approving the application of Become Co/Red Bull for a sound level variance in order to allow Snowmobile Driving, Jumping, and Production with the use of a specialized snowmobile on Thursday, February 26, 2015 for Location 4 and on Saturday, February 28, 2015 for Location 8 for the Become Co/Red Bull Frozen City 2015 SLV #3 Event.
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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, Become Co/Red Bull, represented by Luke Seile, Managing Partner Producer, who has been designated as the responsible person on the application, has applied for a variance for the Become Co/ Red Bull Frozen City 2015 SLV #3 Event. The applicant is seeking a variance to be able to use a specialized snowmobile on Thursday, February 26, 2015 for Location 4 and on Saturday, February 28, 2015 for Location 8 to allow for set up, snowmobile driving, jumping and production. The noise source will be from the specialized snowmobile at Location 4, Ramsey Street Hill, 420 Summit Avenue and at Location 8, Cathedral Hill Park, 215 Summit Avenue. The applicant has indicated that the sound coming from the snowmobile will be limited to 91 dBA as measured 50 feet from the sound source; and
WHEREAS, if applicant is not granted a variance, they will not be able to operate the specialized snowmobile necessary for the event; 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 Become Co/Red Bull, subject to the following conditions:
1) The variance shall be for the use of a specialized snowmobile on Thursday, February 26, 2015 at Location 4, Ramsey Street Hill, 420 Summit Avenue, 9:00 a.m. to 1:00 p.m.; and at Location 8, Saturday, February 28, 2015, Cathedral Hill Park, 215 Summit Avenue, from 10:00 a.m. to 5:00 p.m. to allow for set up, snowmobile driving, jumping and production at the SLV #3 Event. Applicant has requested use of this specialized snowmobile at Location 4, 420 Summit Avenue, from 9:00 a.m. to 1:00 p.m. and at Location 8, 215 Summit Avenue from 10:00 a.m. to 5:00 p.m.
2) Sound levels will not exceed 91 dBA measured 50 feet in any direction from the sound source.
3) The applicant will provide personnel and equipment to monitor snowmobile sound levels during the event, on Thursday, February 26, 2015 and on Saturday, February 28, 2015 to ensure compliance with these conditions.
4) All PA systems, loudspeakers or similar devices shall be turned off no later than 1:00 p.m. on Thursday, February 26, 2015 and no later than 5:00 p.m. on Saturday, February 28, 2015.
FURTHER RESOLVED, that any violation of the conditions set forth above may result in the denial of future requests for the grant of a noise variance, in addition to any criminal citation which may be issued.
Required Background Information
Become Co/Red Bull, represented by Luke Seile, Managing Partner/Producer, has requested an exemption from the sound level limitations in Chapter 293.07 in order to use a specialized snowmobile on Thursday, February 26, 2015 for Location 4 and on Saturday, February 28, 2015 for Location 8. Applicant has requested the use of this specialized snowmobile at the following locations: SLV #3 Event Location 4, Ramsey Street Hill, 420 Summit Avenue on Thursday, February 26, 2015, 9:00 a.m. to 1:00 p.m.; and Location 8, Cathedral Hill Park, 215 Summit Avenue, on Saturday, February 28, 2015 from 10:00 a.m. to 5:00 p.m. Noise sources will be located at the above specified locations. 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