Title
Approving the application of Burger Moe’s for a sound level variance in order to present amplified music in an enclosed tent on Thursday, March 17, 2016 at 240 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, Burger Moe’s, represented by Moe Sharifkhani, who has been designated as the responsible person on the application, has applied for a variance to present amplified music in an enclosed tent at 240 7th Street West; and
WHEREAS, applicant has requested a variance for the hours from 2:00 p.m. to 11:00 p.m., with a pre-event sound check at 1:00 p.m. on March 17, 2016; and
WHEREAS, if applicant is not granted a variance it will not be able to present amplified music at 240 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 Burger Moe’s, subject to the following conditions:
1) The variance shall be for the hours from 2:00 p.m. until 10:30 p.m. on Thursday, March 17, 2016, with a pre-event sound check at 1:00 p.m. in a fully enclosed tent in Burger Moe’s Parking lot, 240 7th Street West.
2) All electronically powered equipment used in conjunction with the event shall not exceed 95 dBA as measured at 50 feet from 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 17, 2016, the event date.
FURTHER RESOLVED, that any violations of the conditions set forth above 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
Burger Moe’s, represented by Moe Sharifkhani, has requested an exemption from the sound level limitations in Chapter 293.07 in order to present amplified music, with limitations, from 2:00 p.m. until 11:00 p.m., with a pre-event sound check at 1:00 p.m. on March 17, 2016. 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