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File #: RES PH 19-63    Version: 1 Name: SLV - Herbie's on the Park - PH 3-13-2019
Type: Resolution-Public Hearing Status: Passed
In control: City Council
Final action: 3/13/2019
Title: Approving the application of Herbie’s on the Park for a sound level variance to present amplified music in an enclosed tent on Saturday, March 16, 2019 at 317 Washington Street.
Sponsors: Rebecca Noecker
Ward: Ward - 2
Attachments: 1. Application, 2. ENS, 3. Map, 4. Notice to Property Owners, 5. Owners List, 6. Letter to Applicant
Title
Approving the application of Herbie’s on the Park for a sound level variance to present amplified music in an enclosed tent on Saturday, March 16, 2019 at 317 Washington 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, Herbie’s on the Park, represented by Tom Schoenberger, General Manager, who has been designated as the responsible person on the application, has applied for a variance at no specified sound level limit or distance from the sound source, to present amplified music in an enclosed tent at 317 Washington St.; and

WHEREAS, applicant has requested a variance for the hours from 10:00 a.m. to 7:00 p.m., Saturday, March 16, 2019 with a pre-event sound check at 10:00 a.m. for Herbie’s on the Park St. Patrick’s Day Block Party; and

WHEREAS, if applicant is not granted a variance applicant will not be able to present amplified music at 317 Washington St.; 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 Herbie’s on the Park, subject to the following conditions:

1) The Variance shall be for the hours from 10:00 a.m. to 7:00 p.m., on Saturday, March 16, 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 prov...

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