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File #: RES PH 17-71    Version: 1
Type: Resolution-Public Hearing Status: Passed
In control: City Council
Final action: 3/15/2017
Title: Approving the application of Bennett’s Restaurant Co. LLC for a sound level variance in order to present amplified music in an enclosed tent on Friday, March 17, 2017 and Saturday, March 18, 2017 at 1305 7th Street West.
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, 7. McDonald letter re Bennett's SLV request
Title

Approving the application of Bennett’s Restaurant Co. LLC for a sound level variance in order to present amplified music in an enclosed tent on Friday, March 17, 2017 and Saturday, March 18, 2017 at 1305 7th Street West.

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, Bennett’s Restaurant Co. LLC, represented by Joe Bennett, owner, who has been designated as the responsible person on the application, has applied for a variance , at no specified sound level limit or distance, to present amplified music in an enclosed tent at 1305 7th Street West; and

WHEREAS, applicant has requested a variance for the hours from 2:00 p.m. to 11:00 p.m., with a pre-event sound check at 1:00 p.m. on Friday, March 17, 2017 and Saturday, March 18, 2017 for O’Bennett’s St. Patrick’s Day Tent Party; and

WHEREAS, if applicant is not granted a variance applicant will not be able to present amplified music at 1305 7th Street West; 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 Bennett’s Restaurant Co. LLC, subject to the following conditions:

1)  The variance shall be for the hours from 2:00 p.m. to 11:00 p.m., with a pre-event sound check at 1:00 p.m. on Friday, March 17, 2017 and Saturday, March 18, 2017.

2)  All electronically powered equipment used in conjunction with the event shall not exceed 95 dBA as measured at 50 feet from all sound sources inside of the fully enclosed tents...

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