Title
Approving the application of Shamrock’s Irish Nook for a sound level variance to present live amplified music in an enclosed tent on Saturday, March 16 and Sunday, March 17, 2019 at 995 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, Shamrock’s Irish Nook, represented by Michael Runyon, owner, who has been designated as the responsible person on the application, has applied for a variance , at no specified sound level limit or distance, to present live amplified music in an enclosed tent at 995 7th Street West; and
WHEREAS, applicant has requested a variance for the hours from 10:00 a.m. to 12:00 a.m. on Saturday, March 16 and from 10:00 a.m. until11:00 p.m. on Sunday, March 17, 2019 with a pre-event sound check at 10:00 a.m. for Shamrock’s St. Patrick’s Day Events; and
WHEREAS, if applicant is not granted a variance applicant will not be able to present amplified music at 995 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 Shamrock’s Irish Nook, subject to the following conditions:
1) The Variance shall be for the hours from 10:00 a.m. to 11:59 p.m. on Saturday, March 16, 2019 and from 10:00 a.m. to 10:00 p.m. on Sunday, March 17, 2019 with a pre-event sound check at 10:00 a.m.
2) All electronically powered equipment used in conjunction with the event shall not exceed 90 dBA as measured at 50 feet from all sound sources outside of the fully enclosed tents.
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 Saturday, March 16 and 10:00 p.m. Sunday, March 17, 2019, the event dates.
FURTHER RESOLVED, that any violations of the conditions set forth above on the Saturday, March 16 and Sunday, March 17, 2019 dates 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
Shamrock’s Irish Nook, represented by Michael Runyon, have requested an exemption from the sound level limitations in Chapter 293.07 in order to present live amplified music, with limitations, from 10:00 a.m. until 12:00 a.m. on Saturday, March 16 and from 10:00 a.m. to 11:00 p.m. on Sunday, March 17, 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