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File #: RES PH 16-160    Version: 1
Type: Resolution-Public Hearing Status: Passed
In control: City Council
Final action: 6/1/2016
Title: Approving the application of Brian Horst for a sound level variance in order to present amplified music on eleven (11) Thursdays starting June 9, 2016 through August 25, 2016, except June 23, 2016, for the Music in Mears concert series, in Mears Park.
Sponsors: Rebecca Noecker
Ward: Ward - 2
Attachments: 1. Application, 2. ENS, 3. Map, 4. Notice to District Council, 5. Notice to Property Owners, 6. List of Property Owners, 7. Letter to Applicant
Title
Approving the application of Brian Horst for a sound level variance in order to present amplified music on eleven (11) Thursdays starting June 9, 2016 through August 25, 2016, except June 23, 2016, for the Music in Mears concert series, in 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, Brian Horst, Event Director, who has been designated as the responsible person on the application, has applied for a variance, at a requested level of 90 dBA at 50 feet to present amplified music for concerts from 6:00 p.m. until 9:00 p.m. on eleven (11) Thursdays starting June 9, 2016 through August 25, 2016, except June 23, 2016 in Mears Park; and

WHEREAS, applicant is seeking a variance for the hours of 6:00 p.m. until 9:00 p.m. on eleven (11) Thursdays starting June 9, 2016 through August 25, 2016, except June 23, 2016; and

WHEREAS, if applicant is not granted a variance applicant will not be able to present the amplified music in 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 the Brian Horst, subject to the following conditions:

1) The variance will be for amplified music for the hours from 6:00 p.m. until 9:00 p.m. on eleven (11) Thursdays starting June 9, 2016 through August 25, 2016, except June 23, 2016.

2) All electronically powered equipment, PA systems, loudspeakers or similar devices used in conjunction with the...

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