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File #: RES PH 19-233    Version: 1 Name: SLV - El Burrito Mercado - PH 7-24-2019
Type: Resolution-Public Hearing Status: Passed
In control: City Council
Final action: 7/24/2019
Title: Approving the application of El Burrito Mercado for a sound level variance to present amplified music on Sunday, August 4, 2019 at 175 Cesar Chavez Street for the El Burrito Mercado’s 40th Anniversary Party / Noche De Artejano.
Sponsors: Rebecca Noecker
Ward: Ward - 2
Attachments: 1. Application, 2. ENS Correction Notice, 3. Map, 4. Notice to Owners, 5. Owners List, 6. Letter to Applicant
Title
Approving the application of El Burrito Mercado for a sound level variance to present amplified music on Sunday, August 4, 2019 at 175 Cesar Chavez Street for the El Burrito Mercado’s 40th Anniversary Party / Noche De Artejano.

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, El Burrito Mercado, represented by Analita Silva, Co-Owner, has applied for a variance, with a sound level request of 85 dBA at no specified distance, to present amplified music at 175 Cesar Chavez St.; and;

WHEREAS, applicant is seeking a variance for the hours of 1:00 p.m. to 7:00 p.m. with a pre-event sound check from 11:00 a.m. to 12:00 p.m. at 175 Cesar Chavez St. for the El Burrito Mercado’s 40th Anniversary Party / Noche de Artejano; and

WHEREAS, if applicant is not granted a variance applicant will not be able to present announcements and amplified music at 175 Cesar Chavez 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 El Burrito Mercado, subject to the following conditions:

1) The Variance shall be for the hours of 1:00 p.m. to 7:00 p.m. with a pre-event sound check from 11:00 a.m. to 12:00 p.m. on Sunday, August 4, 2019.

2) All electronically powered equipment used in conjunction with the event shall not exceed 85 dBA as measured 50 feet from sound source.
3) The applicant shall provide personnel and equipment to ensure compliance with the sound level variance condit...

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