Title
Approving the application of Whole Foods Market St. Paul for a sound level variance for live music outdoors on Saturday, September 9, 2017 on Dayton Avenue between Snelling Avenue and Saratoga Street North.
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, Whole Foods Market, represented by Charissa Bires, Senior Marketing Specialist, who has been designated as the responsible person on the application, has applied for a variance, at a requested sound level limit of 85 dBA at 50 feet, to present live music outdoors on Dayton Avenue between Snelling Avenue and Saratoga Street North; and
WHEREAS, applicant is seeking a variance for the hours of 10:30 a.m. to 7:00 p.m., with a pre-event sound check at 10:00 a.m., for live music outdoors on Saturday, September 9, 2017, for Whole Foods Market St. Paul Block Party; and
WHEREAS, if applicant is not granted a variance applicant will not be able to present live music outdoors on Dayton Avenue between Snelling Avenue and Saratoga Street North; 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 Whole Foods Market St. Paul, subject to the following conditions:
1) The variance will be for Whole Foods Market St Paul Block Party for the hours of 10:30 a.m. to 7:00 p.m., with a pre-event sound check at 10:00 a.m. on Saturday, September 9, 2017;
2) All electronically powered equipment, PA systems, loudspeakers or similar devices used in conjunction with the event must not exceed 85 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 7:00 p.m. on September 9, 2017.
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
Whole Foods Market St Paul, represented by Charissa Bires, Senior Marketing Specialist, has requested an exemption from the sound level limitations in Chapter 293.07 in order to present live music outdoors, with limitations, from 10:30 a.m. to 7:00 p.m., with a pre-event sound check at 10:00 a.m. on September 9, 2017, for Whole Foods St Paul Block Party on Dayton Avenue between Snelling and Saratoga Street North. 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