Title
Approving the application of Team Ortho Foundation - Monster Dash for a sound level variance on Saturday, October 29, 2016 on Summit Avenue between Nina Street and Selby Avenue, and Summit Avenue and Cathedral Hill 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, Team Ortho Foundation, Monster Dash Event, represented by Marlene Earll, Director, who has been designated as the responsible person on the application, has applied for a variance, at no specified sound level limit, to present outdoor music and announcements by Summit Avenue near Nina to Selby as well as Summit Avenue by the Cathedral Hill Park for the Monster Dash Event; and
WHEREAS, applicant is seeking a variance for Saturday, October 29, 2016 from 8:00 a.m. until 9:00 a.m., on Summit by Nina to Selby, and by Cathedral Hill Park with a pre-event sound check at 7:45 a.m., and
WHEREAS, if applicant is not granted a variance, applicant will not be able to present outdoor music and announcements at the Summit near Nina to Selby Area and by Summit at the Cathedral Hill 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 Marlene Earll and Team Ortho Foundation, for Summit near Nina to Selby as well as Summit by the Cathedral Hill Park subject to the following conditions:
1) The variance will be for the Team Ortho Foundation Monster Dash Event to present outdoor National Anthem music and announcements with speakers on October 29, 2016 from 8:00 a.m. until 9:00 a.m., with a pre-event sound check at 7:45 a.m. by Summit Avenue near Nina to Selby, and by Cathedral Hill Park.
2) All electronically powered equipment, PA systems, loudspeakers or similar devices used in conjunction with the event will not exceed 80 dBA as measured 50 feet from any stage or sound source used for music and/or announcements between the hours of 8:00 a.m. until 9:00 a.m., with a pre-event sound check at 7:45 a.m. by Summit and Nina to Selby and by Cathedral Hill Park.
3) The applicant shall provide personnel and equipment to ensure compliance with the variance conditions.
4) Speakers and stage must be directed away from residential use properties, and speakers are placed angled facing down the road for the Summit and Nina to Selby Area and towards St Paul College for the Cathedral Hill Park Area.
5) All electronically powered equipment, PA systems, loudspeakers or similar devices shall be turned off no later than 9:00 a.m.
FURTHER RESOLVED, that any violations of the conditions set forth above on the October 29, 2016 event date 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
Team Ortho Foundation, Monster Dash Event, represented by Marlene Earll, has requested an exemption from the sound level limitations in Chapter 293.07 in order to present outdoor National Anthem music and announcements, with limitations, at Summit near Nina to Selby, and by Cathedral Hill Park from 8:00 a.m. to 9:00 a.m., with a pre-event sound check at 7:45 a.m. on Saturday, October 29, 2016, during the Monster Dash Race Event. 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