Title
Approving the application of Twin Cities in Motion for a sound level variance in order to present outdoor announcements, speakers and/or use of musical instruments at Summit Avenue and Lexington Parkway, and Summit Avenue and Oxford Street South on Sunday, October 9, 2016 during the Medtronic Twin Cities Marathon.
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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, Twin Cities in Motion, represented by Elizabeth Vincenty, Race Director, who has been designated as the responsible person on the application, has applied for a variance to present outdoor announcements, speakers and/or musical instruments at a requested sound level of 55 dBA to 65 dBA on Summit Avenue and Lexington Parkway and Summit and Oxford Street South; and
WHEREAS, applicant is seeking a variance for the hours of 7:00 a.m. to 1:45 p.m., with a pre-event sound check from 6: 50 a.m. until 7:00 a.m. on Sunday, October 9, 2016 for outdoor announcements, speakers and/or musical instruments on Summit Avenue and Lexington Parkway and Summit and Oxford Street South during the Medtronic Twin Cities Marathon 2016 Event; and
WHEREAS, if applicant is not granted a variance applicant will not be able to present outdoor announcements, speakers and/or musical instruments on Summit Avenue and Lexington Parkway and Summit and Oxford Street South; 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 Twin Cities in Motion, subject to the following conditions:
1) The variance will be for the Twin Cities in Motion, Medtronic Twin Cities Marathon 2016 on Summit Avenue and Lexington Parkway and Summit and Oxford Street South for the hours of 7:00 a.m. to 1:45 p.m., with a pre-event sound check from 6:50 a.m. until 7:00 a.m. on Sunday, October 9, 2016 for outdoor announcements, speakers and/or use of musical instruments.
2) All electronically powered equipment, PA systems, loudspeakers or similar devices used in conjunction with the event must not exceed 80 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 1:45 p.m. on Sunday, October 9, 2016, 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
Twin Cities in Motion, represented by Elizabeth Vincenty, Race Director, has requested an exemption from the sound level limitations in Chapter 293.07 in order to present outdoor announcements, speakers and/or use of musical instruments, from 7:00 a.m. to 1:45 p.m., with a pre-event sound check from 6:50 a.m. until 7:00 a.m. on Sunday, October 9, 2016 during the Medtronic Twin Cities Marathon 2016 Event on Summit Avenue and Lexington Parkway and Summit and Oxford Street South. Chapter 293.09 provides for the granting of variances from the sound level limitation contained in Chapter 293.07.
Was proper notice given? YES - See Attachments