Title
Approving the application of El Burrito Mercado for a sound level variance in order to present live music every Thursday evening for Noches Tropicales beginning Thursday, July 20 through August 31, 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 Silva-Diaz, President and Owner, who has been designated as the responsible person on the applications, has applied for a variance for a sound level variance at a requested level of 80 dBA at no specified distance, to present live music. Proposed times of operation are from 5:00 p.m. until 9:00 p.m. every Thursday beginning July 20 through August 31, 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 (DSI) 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 Milissa Silva-Diaz, subject to the following conditions:
1) The variance will be for the Noches Tropicales music series with live music from 5:00 p.m. until 9:00 p.m. beginning Thursday, July 20, 2017 and every Thursday through Thursday, August 31, 2017 at the LaPlacita Plaza space at 175 Cesar Chavez Street.
2) All electronically powered equipment, PA systems, loudspeakers or similar devices used in conjunction with the music concert events must not exceed 80 dBA, as measured at 50 feet from the noise source during the proposed, specified hours for the designated Thursday music series event hours.
3) The applicant shall provide personnel and equipment who will provide sound level monitoring to ensure compliance with the sound level variance conditions.
4) All electronically powered equipment, PA systems, loudspeakers or similar devices shall be turned off no later than 9:00 p.m. every Thursday beginning July 20 through August 31, 2017.
FURTHER RESOLVED, that if three or more verified complaints from residents or businesses in the area regarding significant negative impact from the increased sound level variances for the Fiestas en La Placita music series hours, the Thursday, Friday, Saturday and/ or Sunday sound level variances may be amended or revoked by the council. Such reduction will not require a further hearing before council but shall be documented in a written communication to council from DSI; and be it
FURTHER RESOLVED, that any violations of the conditions set forth above on any of the dates may result in revocation of this variance for the remaining date(s), in addition to any criminal citation which might issue.
Required Background Information
Milissa Silva- Diaz, President and Owner, has requested an exemption from the sound level limitations in Chapter 293.07 in order to present live music every Thursday from 5:00 p.m. until 9:00 p.m. for Noches Tropicales beginning July 20 through August 31, 2017 at the LaPlacita Patio space at 175 Cesar Chavez Street. 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