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File #: RES PH 16-271    Version: 1
Type: Resolution-Public Hearing Status: Passed
In control: City Council
Final action: 9/7/2016
Title: Approving the application of Brian Horst, Music in Mears LLC, for a sound level variance in order to present amplified music on September 16, 23 and 30, 2016, during the Kellogg Craft Beer Overlook Event at Kellogg Park.
Sponsors: Rebecca Noecker
Ward: Ward - 2
Attachments: 1. Application, 2. ENS, 3. Map, 4. Notice to Property Owners, 5. List of Property Owners, 6. Letter to Applicant
Title

Approving the application of Brian Horst, Music in Mears LLC, for a sound level variance in order to present amplified music on September 16, 23 and 30, 2016, during the Kellogg Craft Beer Overlook Event at Kellogg 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/Music in Mears, LLC, represented by Brian Horst, President and Director, who has been designated as the responsible person on the application, has applied for a variance to present amplified music, at a requested sound level limit of 80 dBA at no specified distance, with a pre-event sound check from 2:30 p.m. until 3:00 p.m. at Kellogg Park, between Wabasha and Robert at the intersection of Cedar and Kellogg Boulevard for the Kellogg Craft Beer Overlook Event; and

WHEREAS, applicant is seeking a variance for the hours of 3:00 p.m. to 7:00 p.m. on September 16, 23 and 30, 2016 during the Kellogg Craft Beer Overlook Event at Kellogg Park; and

WHEREAS, if applicant is not granted a variance, applicant will not be able to present amplified music at the Kellogg Park site; 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 Brian Horst, Music in Mears LLC, subject to the following conditions:

1)  The variance shall be for the hours of 3:00 p.m. to 7:00 p.m., with a pre-event sound check from 2:30 p.m. until 3:00 p.m. on September 16, 23 and 30, 2016.

2)  All electronically powered equipment us...

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