Share to Facebook Share to Twitter Bookmark and Share
File #: RES PH 19-56    Version: 1 Name: SLV - Patrick McGovern's - PH 3-6-19
Type: Resolution-Public Hearing Status: Passed
In control: City Council
Final action: 3/6/2019
Title: Approving the application of Patrick McGovern’s for a sound level variance to present amplified music in an enclosed tent on Saturday, March 16, 2019 at 225 7th Street West.
Sponsors: Rebecca Noecker
Ward: Ward - 2
Attachments: 1. Application, 2. ENS, 3. Map, 4. Notice to Owners, 5. Owners List, 6. Letter to Applicant

Title

Approving the application of Patrick McGovern’s for a sound level variance to present amplified music in an enclosed tent on Saturday, March 16, 2019 at 225 7th Street West.

 

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, Patrick McGovern’s, represented by Eric Wold, General Manager, who has been designated as the responsible person on the application, has applied for a variance , at a requested sound level limit of 80-95 dBA at no specified distance, to present amplified music in an enclosed tent at 225 7th Street West; and

 

WHEREAS, applicant has requested a variance for the hours from 2:00 p.m. to (12:00 a.m.) midnight, with a pre-event sound check at 2:00 p.m. on Saturday, March 16, 2019; and

 

WHEREAS, if applicant is not granted a variance applicant will not be able to present amplified music at 225 7th Street West; 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 Patrick McGovern’s, subject to the following conditions:

 

1)  The Variance shall be for the hours from 2:00 p.m. to 11:59 p.m., with a pre-event sound check at 2:00 p.m. on Saturday, March 16, 2019.

 

2)  All electronically powered equipment used in conjunction with the event shall not exceed 95 dBA as measured at 50 feet from all sound sources outside of the fully enclosed tents from 2:00 p.m. until 11:59 p.m., with a pre-event sound check at 2:00 p.m.

 

3)  The applicant shall provide personnel and equipment who shall provide continuous sound level monitoring at each sound mix during the hours of the variance.

 

4)  All electronically powered equipment, PA systems, loudspeakers or similar devices shall be turned off no later than 11:59 p.m. on the event date.

 

FURTHER RESOLVED, that any violations of the conditions set forth above on Saturday, March 16, 2019 date may result in denial of future requests for the grant of a noise variance, in addition to any criminal citation which might issue.

 

Required Background Information

Patrick McGovern’s, represented by Eric Wold, has requested an exemption from the sound level limitations in Chapter 293.07 in order to present amplified music, with limitations, from 2:00 p.m. until midnight on Saturday, March 16, 2019.  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

 

Date NameDistrictOpinionCommentAction
No records to display.