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File #: RES PH 16-51    Version: 1
Type: Resolution-Public Hearing Status: Passed
In control: City Council
Final action: 3/2/2016
Title: Approving the application of Shamrock’s Irish Nook for a sound level variance in order to present amplified music in an enclosed tent on Thursday, March 17, 2016 at 995 Seventh Street West.
Sponsors: Rebecca Noecker
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, 8. Putz opposition to Shamrock's noise variance, 9. Zimmerman opposition to Shamrock's noise variance request, 10. Trenter opposition to Shamrock's noise variance request, 11. Puente comment on Shamrock's variance request, 12. Puente Photo A, 13. Puente Photo B, 14. Puente Photo C

Title

Approving the application of Shamrock’s Irish Nook for a sound level variance in order to present amplified music in an enclosed tent on Thursday, March 17, 2016 at 995 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, Shamrock’s Irish Nook, represented by Michael Runyon., owner, 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 995 7th Street West; and

 

WHEREAS, applicant has requested a variance for the hours from 10:00 a.m. to midnight, with a pre-event sound check at 10:00 a.m. on Thursday, March 17, 2016; and

 

WHEREAS, if applicant is not granted a variance applicant will not be able to present amplified music at 995 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 Shamrock’s Irish Nook, subject to the following conditions:

 

1)  The variance shall be for the hours from 10:00 a.m. to 10:30 p.m., with a pre-event sound check at 10:00 a.m. on Thursday, March 17, 2016.

 

2)  All electronically powered equipment used in conjunction with the event shall not exceed 95 dBA as measured at 50 feet within fully enclosed tents from 10:00 a.m. until 10:30 p.m., with a pre-event sound check at 10:00 a.m.

 

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 Thursday, March 17, 2016, the event date.

 

FURTHER RESOLVED, that any violations of the conditions set forth above on Thursday, March 17, 2016 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

Shamrock’s Irish Nook, represented by Michael Runyon, has requested an exemption from the sound level limitations in Chapter 293.07 in order to present amplified music, with limitations, from 10:00 a.m. until midnight on Thursday, 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

Date NameDistrictOpinionCommentAction
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