Title
Approving the application of HSR Events for a sound level variance in order to present amplified live music during set up and the event on Friday, July 22, 2016 during the Lowertown Blues Festival at 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, HSR Events, represented by Steve Heckler, Executive Director, who has been designated as the responsible person on the application, has applied for a variance, with a sound level request of 92 dBA at 100 feet, to present amplified music at Mears Park; and
WHEREAS, applicant is seeking a variance for Friday, July 22, 2016 for the hours of 12:00 p.m. (noon) to 5:00 p.m. for the set up, and for the Event, from 5:00 p.m. until 10:00 p.m., for the Lowertown Blues Festival; and
WHEREAS, if applicant is not granted a variance applicant will not be able to present amplified live music at 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 HSR Events, subject to the following conditions:
1) The variance will be for the Lowertown Blues Festival on Friday, July 22, 2016 for the hours of 12:00 p.m. (noon) until 5:00 p.m. for set up, and the Event from 5:00 p.m. until 10:00 p.m.
2) All electronically powered equipment, PA systems, loudspeakers or similar devices used in conjunction with the Event for set up from 12:00 p.m. until 5:00 p.m. must not exceed 80 dBA at 50 feet, and for the Event, from 5:00 p.m. until 10:00 p.m. must not exceed 90 dBA as measured 50 feet from sound source.
3) The applicant will provide personnel and equipment to ensure compliance with the sound level variance conditions.
4) All electronically powered equipment, PA systems, loudspeakers or similar devices must be turned off no later than 10:00 p.m. on the date of the event.
FURTHER RESOLVED, that any violations of the conditions set forth above, may result in denial of any future variances, in addition to any criminal citation which may be issued.
Required Background Information
HSR Events, represented by Steve Heckler, Executive Director, has requested an exemption from the sound level limitations in Chapter 293.07 in order to present amplified music, with limitations, on July 22, 2016 from 12:00 p.m. (noon) until 5:00 p.m. for set up, and from 5:00 p.m. until 10:00 p.m. for the Event during the Lowertown Blues Festival at 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