Title
Approving the application of Brian Horst, for a sound level variance in order to present amplified music for the Music in Mears Celebration Weekend on September 10, 11 and 12, 2015 in Mears Park.
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, Brian Horst, Event Director, has been designated as the responsible person on the application, has applied for a variance to present amplified music for concerts from 6:00 p.m. until 9:30 p.m. on Thursday, September 10 and Friday, September 11, 2015, with a pre-event sound check at 5:00 p.m. and on Saturday, September 12, 2015 from 2:00 p.m. until 9:30 p.m., with a pre-event sound check at 1:00 p.m. in Mears Park; and
WHEREAS, applicant is seeking a variance for the hours of 6:00 p.m. until 9:30 p.m. on Thursday, September 10 and Friday, September 11, 2015 and from 2:00 p.m. until 9:30 p.m. on Saturday, September 12, 2015; and
WHEREAS, if applicant is not granted a variance applicant will not be able to present the amplified music in Mears Park; 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 the Brian Horst, subject to the following conditions:
1) The variance will be for amplified music for the hours from 6:00 p.m. until 9:30 p.m. on Thursday, September 10 and Friday, September 11, 2015 and from 2:00 p.m. until 9:30 p.m. on Saturday, September 12, 2015.
2) All electronically powered equipment, PA systems, loudspeakers or similar devices used in conjunction with the music concert events must not exceed 90 dBA, as measured at 50 feet from the noise source.
3) The applicant shall provide personnel and equipment who will provide sound level monitoring to ensure compliance with the sound level variance conditions.
4) All electronically powered equipment, PA systems, loudspeakers or similar devices shall be turned off no later than 9:30 p.m. on the event dates.
FURTHER RESOLVED, that any violations of the conditions set forth above on any of the dates may result in revocation of this variance for the remaining date(s), in addition to any criminal citation which might issue.
Required Background Information
Brian Horst, Event Director, has requested an exemption from the sound level limitations in Chapter 293.07 in order to present amplified music for concerts from 6:00 p.m. until 9:30 p.m. on Thursday, September 10 and Friday, September 11, 2015 and from 2:00 p.m. until 9:30 p.m. on Saturday, September 12, 2015 in Mears Park. 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