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File #: RES PH 15-273    Version: 1
Type: Resolution-Public Hearing Status: Passed
In control: City Council
Final action: 10/7/2015
Title: Approving the application of Russell Klein, owner of Meritage, for a sound level variance in order to present amplified live music on Sunday, October 11, 2015 for the Meritage Oysterfest in the street in front of Meritage Restaurant, 410 Saint Peter Street between Sixth and Seventh Streets.
Sponsors: Dave Thune
Ward: Ward - 2
Attachments: 1. Application, 2. Map, 3. ENS, 4. Notice to District Council, 5. Notice to Property Owners, 6. List of Property Owners, 7. Letter to Applicant
Title
Approving the application of Russell Klein, owner of Meritage, for a sound level variance in order to present amplified live music on Sunday, October 11, 2015 for the Meritage Oysterfest in the street in front of Meritage Restaurant, 410 Saint Peter Street between Sixth and Seventh Streets.

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, The Meritage Oysterfest, represented by Russell Klein, who has been designated as the responsible person on the application, has applied for a variance to present amplified live music in the street in front of Meritage Restaurant, 410 Saint Peter Street between 6th & 7th Streets; and

WHEREAS, applicant is seeking a variance for the hours of 12:00 noon to 8:00 p.m. on October 11, 2015 during the Meritage Oysterfest; and

WHEREAS, if applicant is not granted a variance it will not be able to present amplified music in the street in front of 410 Saint Peter Street between 6th & 7th Streets; and

RESOLVED, that the Council of the City of Saint Paul hereby grants a variance to the Meritage Oysterfest, subject to the following conditions:

1) The variance shall be for the hours of 12:00 noon to 8:00 p.m. on October 11, 2015.

2) All electronically powered equipment used in conjunction with the event shall not exceed 85 dBA as measured at the sound mix or 50 feet from the stage, whichever is closer.

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 d...

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