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File #: RES PH 16-281    Version: 1
Type: Resolution-Public Hearing Status: Passed
In control: City Council
Final action: 9/7/2016
Title: Approving the application of Whole Foods Market for a sound level variance for live music outdoors on Saturday, September 10, 2016 on Dayton Avenue between Snelling Avenue and Saratoga Street North.
Sponsors: Dai Thao
Ward: Ward - 1
Attachments: 1. Application, 2. ENS, 3. Map, 4. Notice to Property Owners, 5. List of Property Owners, 6. Letter to Applicant, 7. ENS - Corrected Date, 8. Notice to Prop Owners-Corrected Date, 9. Union Park email
Title
Approving the application of Whole Foods Market for a sound level variance for live music outdoors on Saturday, September 10, 2016 on Dayton Avenue between Snelling Avenue and Saratoga Street 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, Whole Foods Market, represented by Charissa Bires, Senior Marketing Specialist, who has been designated as the responsible person on the application, has applied for a variance, at a requested sound level limit of 85 dBA at 50 feet, to present live music outdoors on Dayton Avenue between Snelling Avenue and Saratoga Street North; and

WHEREAS, applicant is seeking a variance for the hours of 5:00 p.m. to 9:00 p.m., with a pre-event sound check from 4:00 p.m. until 5:00 p.m. for live music outdoors, on Saturday, September 10, 2016, for a Whole Foods Market St Paul Block Party Event; and

WHEREAS, if applicant is not granted a variance applicant will not be able to present live music outdoors on Dayton Avenue between Snelling Avenue and Saratoga Street 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 Whole Foods Market, subject to the following conditions:

1) The variance will be for the Whole Foods Market St Paul Block Party Event and the hours of 5:00 p.m. to 9:00 p.m., with a pre-event sound check from 4:00 p.m. until 5:00 p.m. on Saturday, September 10, 2016;

2) All electronically powered equipment, PA...

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