Title
Approving the application of Shakey Bones for a sound level variance in order to present a DJ and amplified music on Saturday, July 28, 2018 at Raspberry Island during Shakey Bones Customer Appreciation.
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, Shakey Bones, represented by Mary Hane, who has been designated as the responsible person on the application, has applied for a variance to present a DJ and amplified music at Raspberry Island; and
WHEREAS, applicant is seeking a variance for the hours of 10:00 a.m. until 4:30 p.m. on Saturday, July 28, 2018 at Raspberry Island during the Shakey Bones Customer Appreciation; and
WHEREAS, if applicant is not granted a variance applicant will not be able to present a DJ and amplified music at Raspberry Island; 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 Shakey Bones, subject to the following conditions:
1) The Variance shall be for the hours of 10:00 a.m. to 4:30 p.m. on Saturday, July 28, 2018.
2) All electronically powered equipment used in conjunction with the event shall not exceed 90 dBA as measured 50 feet from sound source.
3) The applicant shall provide personnel and equipment to ensure compliance with the sound level variance conditions. The applicant may need to provide a barrier, to act as a sound absorber to contain excess sound from leaving the area.
4) All electronically powered equipment, PA systems, loudspeakers or similar devices shall be turned off no later than 4:30 p.m. on the date of the event.
FURTHER RESOLVED, that any violations of the conditions set forth above on the first date may result in revocation of the grant of a variance for the subsequent date, in addition to any criminal citation which might issue.
Required Background Information
Shakey Bones, represented by Mary Hane, has requested an exemption from the sound level limitations in Chapter 293.07 in order to present a DJ and amplified music, with limitations, from 10:00 a.m. to 4:30 p.m., on Saturday, July 28, 2018, during the Shakey Bones Customer Appreciation event at Raspberry Island. 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