Title
Approving the application of Team Ortho Foundation, Monster Dash Event for a sound level variance in order to present outdoor music and announcements on Saturday, October 31, 2015 on Mississippi River Boulevard and 800 feet south of Ford Parkway.
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, Team Ortho Foundation, Monster Dash Event, represented by John W. Larson, Executive and Race/ Event Director, who has been designated as the responsible person on the application, has applied for a variance, with a requested sound level of 85 dBA at 50 feet, to present outdoor music with a mobile DJ on Mississippi River Blvd and 800 feet south of Ford Parkway during a Monster Dash Event; and
WHEREAS, applicant is seeking a variance for Saturday, October 31, 2015 from 8:30 a.m. until 10:30 a.m., with a pre-event sound check at 8:15 a.m. on Mississippi River Blvd and 800 feet south of Ford Parkway, and
WHEREAS, if applicant is not granted a variance, applicant will not be able to present outdoor mobile DJ music on Mississippi River Blvd and 800 feet south of Ford Parkway; 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 John W. Larson and Team Ortho Foundation, for Mississippi River Blvd and 800 feet south of Ford Parkway subject to the following conditions:
1) The variance will be for the Team Ortho Foundation Monster Dash Event in order to present outdoor DJ mobile music on October 31, 2015 from 8:30 a.m. until 10:30 a.m., with a pre-event sound check at 8:15 a.m.
2) All electronically powered equipment, PA systems, loudspeakers or similar devices used in conjunction with the event will not exceed 85 dBA as measured 50 feet from any stage or sound source used for music and/or announcements between the hours of 8:30 a.m. until 10:30 a.m., with a pre-event sound check at 8:15 a.m.
3) The applicant shall provide personnel and equipment to ensure compliance with the variance conditions.
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4) All Speakers and stage must be directed away from residential use properties. Speakers are to face river away from residential areas.
5) All electronically powered equipment, PA systems, loudspeakers or similar devices shall be turned off no later than 10:30 a.m.
FURTHER RESOLVED, that any violations of the conditions set forth above on the October 31, 2015 event date 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
Team Ortho Foundation, Monster Dash Event, represented by John W. Larson, has requested an exemption from the sound level limitations in Chapter 293.07 in order to present outdoor mobile DJ music, on Mississippi River Blvd 800 feet south of Ford Parkway from 8:30 a.m. to 10:30 a.m., with a pre-event sound check at 8:15 a.m. on Saturday, October 31, 2015, during a Monster Dash Race Event. 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