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File #: RES PH 15-54    Version: 1
Type: Resolution-Public Hearing Status: Passed
In control: City Council
Final action: 3/4/2015
Title: Approving the application of Patrick McGovern's for a sound level variance in order to present amplified music in an enclosed tent from 3:00 p.m. until 10:30 p.m. on Saturday, March 14, 2015 and from 3:00 p.m. until 10:00 p.m. on Tuesday, March 17, 2015 at 225 Seventh Street West.
Sponsors: Dave Thune
Ward: Ward - 2
Attachments: 1. Application, 2. ENS, 3. Map, 4. Notice to District Council, 5. Notice to Property Owners, 6. List of Property Owners, 7. Letter to Applicants
Title
Approving the application of Patrick McGovern's for a sound level variance in order to present amplified music in an enclosed tent from 3:00 p.m. until 10:30 p.m. on Saturday, March 14, 2015 and from 3:00 p.m. until 10:00 p.m. on Tuesday, March 17, 2015 at 225 Seventh Street West.

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, Patrick McGovern's, represented by Pat and Dianne Boemer, who have been designated as the responsible persons on the application, have applied for a variance to present amplified music in an enclosed tent at 225 7th Street West; and

WHEREAS, applicant has requested a variance for the hours of 3:00 p.m. to 12:01 a.m. (Midnight) on March 14, 2015 and from 3:00 p.m. to 12:00 a.m. (Midnight) n March 17, 2015; and

WHEREAS, if applicant is not granted a variance it will not be able to present amplified music at 225 7th Street West; 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 Patrick McGovern's, subject to the following conditions:

1) The variance shall be for the hours of 3:00 p.m. to 10:30 p.m. on Saturday, March 14, 2015 and from 3:00 p.m. to 10:00 p.m. on Tuesday, March 17, 2015.

2) All electronically powered equipment used in conjunction with the event shall not exceed 90 dBA as measured inside the tent at the wall opposite of the sound source.

3) The applicant shall provide personnel and equipment who shall provide continuous so...

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