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File #: RES PH 17-109    Version: 1
Type: Resolution-Public Hearing Status: Passed
In control: City Council
Final action: 5/3/2017
Title: Approving the application of El Burrito Mercado for sound level variances in order to present amplified music and announcements for the Fiestas en La Placita Events on two Fridays, nineteen Saturdays, and twenty Sundays, from May 5, 2017 through September 17, 2017 at the LaPlacita Patio space at 175 Cesar Chavez Street.
Sponsors: Rebecca Noecker
Ward: Ward - 2
Attachments: 1. Application-Friday Dates, 2. Application-Saturday Dates, 3. Application-Sunday Dates, 4. ENS-Fridays, 5. ENS-Saturdays, 6. ENS-Sundays, 7. Notice to Owners-Fridays, 8. Notice to Owners-Saturdays, 9. Notice to Owners-Sundays, 10. Map, 11. List of Owners, 12. Letter to Applicant
Title
Approving the application of El Burrito Mercado for sound level variances in order to present amplified music and announcements for the Fiestas en La Placita Events on two Fridays, nineteen Saturdays, and twenty Sundays, from May 5, 2017 through September 17, 2017 at the LaPlacita Patio space at 175 Cesar Chavez Street.

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, Milissa Diaz, President and Owner, who has been designated as the responsible person on the applications, has applied for three variances for the designated Friday, Saturday and Sunday Music Series at a requested level of 80 dBA at no specified distance, to present live mariachi or other bands with acoustics and speakers plugged into a 55 dBA restaurant speaker. Proposed times of operation are from 5:00 p.m. until 9:00 p.m. on Friday, May 5, 2017 and from 6:00 p.m. until 9:00 p.m. on Friday, September 15, 2017; from 6:00 p.m. until 9:00 p.m. for the Saturday, May 13, 2017 through Saturday, September 16, 2017 series, and varied hours between 1:00 p.m. until 6:00 p.m. for the Sunday series, May 7, 2017 through September 17, 2017 at the LaPlacita Plaza space at 175 Cesar Chavez Street; and

WHEREAS, if applicant is not granted the variances, applicant will not be able to present the outdoor music series at the LaPlacita Plaza space at 175 Cesar Chavez Street; 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 hereb...

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