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File #: RES PH 18-13    Version: 1
Type: Resolution-Public Hearing Status: Passed
In control: City Council
Final action: 1/17/2018
Title: Approving the application of Melissa Diaz for a sound level variance in order to have a DJ with sound system for a Pre-Superbowl Football Fiesta on Sunday, February 4, 2018 on the patio space at El Burrito Mercado, 175 Cesar Chavez Street.
Sponsors: Rebecca Noecker
Ward: Ward - 2
Attachments: 1. Application, 2. ENS, 3. Map, 4. Notice to Owners, 5. List of Owners, 6. Letter to Applicant
Title
Approving the application of Melissa Diaz for a sound level variance in order to have a DJ with sound system for a Pre-Superbowl Football Fiesta on Sunday, February 4, 2018 on the patio space at El Burrito Mercado, 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, CEO, who has been designated as the responsible person on the applications, has applied for a sound level variance at a requested sound level limit of 85 dBA, at no specified distance, in order to have a DJ with sound system on Sunday, February 4, 2018 from 12:00 p.m. to 6:00 p.m. on the patio space at El Burrito Mercado, 175 Cesar Chavez Street; and

WHEREAS, if applicant is not granted the variance, applicant will not be able to have a DJ with sound system for a Pre-Superbowl Football Fiesta on the patio at El Burrito Mercado, 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 hereby grants a variance to Milissa Diaz, subject to the following conditions:

1) The variance will be for the Pre-Superbowl Football Fiesta for a DJ with sound system from 12:00 p.m. until 6:00 p.m. on Sunday, February 4, 2018 on the patio at El Burrito Mercado, 175 Cesar Chavez Street.

2) All electronically powered equipment, PA systems, loudspeakers or similar devices used in conjunction with the Pre-Superbowl Football Fiesta event must not exceed 85 dBA, as measure...

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