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File #: RES PH 16-177    Version: 1
Type: Resolution-Public Hearing Status: Passed
In control: City Council
Final action: 6/15/2016
Title: Approving the application of Tawfiq Islamic Center for a sound level variance for the Eid-al-Fitr Muslim Festival on Tuesday, July 5, or Wednesday, July 6, or Thursday, July 7, 2016 at the Oxford Community Center Football Field, 270 Lexington Parkway North.
Sponsors: Dai Thao
Ward: Ward - 1
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 Tawfiq Islamic Center for a sound level variance for the Eid-al-Fitr Muslim Festival on Tuesday, July 5, or Wednesday, July 6, or Thursday, July 7, 2016 at the Oxford Community Center Football Field, 270 Lexington Parkway North.

 

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, Tawfiq Islamic Center, represented by Shamsudin Omar, Public Relations Director, who has been designated as the responsible person on the application, has applied for a variance, with a requested sound level limit of 80 dBA for the Eid-al-Fitr Muslim Festival on Tuesday, July 5, or Wednesday, July 6, or Thursday, July 7, 2016, from 6:30 a.m. to 10:30 a.m., with a pre-event sound check at 6:30 a.m., at the Oxford Community Center Football Field; 270 Lexington Pkwy North and

 

WHEREAS, applicants have requested a variance for the hours of 6:30 a.m. to 10:30 a.m., with a pre-event sound check at 6:30 a.m. on Tuesday, July 5, or Wednesday, July 6, or Thursday, July 7, 2016; and

 

WHEREAS, if applicants are not granted a variance they will not be able to have the Eid-al-Fitr Muslim Festival at the Oxford Community Center Football Field, 270 Lexington Pkwy North; 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 Tawfiq Islamic Center, subject to the following conditions:

 

1)  The variance shall be for the hours of 7:00 a.m. to 10:30 a.m., with a pre-event sound check at 7:00 a.m. on Tuesday, July 5, or Wednesday, July 6, or Thursday, July 7, 2016.

 

2)  All electronically powered equipment used in conjunction with the event shall not exceed 75 dBA as measured 50 feet from any sound source used for prayer and/or announcements.

 

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 a.m. on the event dates.

 

FURTHER RESOLVED, that any violations of the conditions set forth above on Tuesday, July 5, or Wednesday, July 6, or Thursday, July 7, 2016 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

Tawfiq Islamic Center, represented Shamsudin Omar, Public Relations Director, has requested an exemption from the sound level limitations in Chapter 293.07 for the Eid-al-Fitr Muslim Festival, on Tuesday, July 5, or Wednesday, July 6, or Thursday, July 7, 2016 from 6:30 a.m. to 10:30 a.m., with a pre-event sound check at 6:30 a.m. at the Oxford Community Center Football Field, 270 Lexington Pkwy North.  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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