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File #: RES PH 15-60    Version: 1
Type: Resolution-Public Hearing Status: Passed
In control: City Council
Final action: 3/4/2015
Title: Approving the application of Bennett Restaurant Co. LLC for a sound level variance in order to present live music in an enclosed tent from 5:00 p.m. until 10:30 p.m. on Friday, March 13, 2015 and Saturday, March 14, 2015 at 1305 Seventh Street West.
Sponsors: Dave Thune
Ward: Ward - 2
Attachments: 1. Application, 2. Map, 3. Copy of ENS, 4. Notice to District Council, 5. Notice to Property Owners, 6. List Property Owners, 7. Letter to Applicant

Title

Approving the application of Bennett Restaurant Co. LLC for a sound level variance in order to present live music in an enclosed tent from 5:00 p.m. until 10:30 p.m. on Friday, March 13, 2015 and Saturday, March 14, 2015 at 1305 Seventh Street West.

 

Body

Amended 3/4/15

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, Bennett Restaurant Co.  LLC, represented by Joseph Bennett, who has been designated as the responsible person on the application, has applied for a variance to present live music in an enclosed tent at1305 7th Street West; and

 

WHEREAS, applicant has requested a variance for the hours of 5:00 p.m. to 11:00 p.m. on March 13 and 14, 2015; and

 

WHEREAS, if applicant is not granted a variance it will not be able to present live music at 1305 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 Bennett Restaurant Co LLC, subject to the following conditions:

 

1)  The variance shall be for the hours of 5:00 p.m. to 10:30 p.m. on Friday, March 13, 2015 and Saturday, March 14, 2015.

 

2)  All electronically powered equipment used in conjunction with the event shall not exceed 90 85 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 sound level monitoring at each sound mix during the hours of the variance.

 

4)  All electronically powered equipment, PA systems, loudspeakers or similar devices shall be turned off no later than 10:30 p.m. on March 13 and 14, 2015, the event dates.

 

FURTHER RESOLVED, that any violations of the conditions set forth above on the March 13, 2015 and on March 14, 2015 dates may result in denial of future requests for the grant of a noise variance, in addition to any criminal citation which might issue.

 

Required Background Information

Bennett Restaurant Co LLC, represented by Joseph Bennett, has requested an exemption from the sound level limitations in Chapter 293.07 in order to present live music, with limitations, from 5:00 p.m. to 11:00 p.m. on March 13 and 14, 2015.   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

Date NameDistrictOpinionCommentAction
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