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File #: RES PH 19-260    Version: 1 Name: SLV - Dual Citizen-Blocktoberfest - PH 8-21-2019
Type: Resolution-Public Hearing Status: Passed
In control: City Council
Final action: 8/21/2019
Title: Approving the application of Dual Citizen Brewery for a sound level variance for amplified music on September 14, 2019 in the parking lot south of 725 Raymond Avenue for the Dual Citizen Block Party- Blocktoberfest.
Sponsors: Mitra Jalali
Ward: Ward - 4
Attachments: 1. Application, 2. ENS, 3. Map, 4. Notice to Owners, 5. Owners List, 6. Letter to Applicant

Title

Approving the application of Dual Citizen Brewery for a sound level variance for amplified music on September 14, 2019 in the parking lot south of 725 Raymond Avenue for the Dual Citizen Block Party- Blocktoberfest.

 

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, Dual Citizen Brewery, represented by Tim Kessler, Manager, has applied for a variance, with a sound level request of 92 dBA at 100 feet, to present amplified music in the parking lot south of 725 Raymond Avenue; and;

 

WHEREAS, applicant is seeking a variance for the hours of 12:00 p.m. until 9:00 p.m., with a pre-event sound check at 10:00 a.m., on Saturday, September 14, 2019 in the parking lot south of 725 Raymond Avenue for the Dual Citizen Block Party- Blocktoberfest; and

 

WHEREAS, if applicant is not granted a variance applicant will not be able to present announcements and amplified music in the parking lot south of 725 Raymond Avenue; 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 Dual Citizen Brewery, subject to the following conditions:

 

1)  The Variance shall be for the hours of 12:00 p.m. to 9:00 p.m., with a pre-event sound check at 10:00 a.m., on Saturday, September 14, 2019.

 

2)  All electronically powered equipment used in conjunction with the event shall not exceed 92 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 9:00 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

Dual Citizen Brewery has requested an exemption from the sound level limitations in Chapter 293.07 in order to present live, amplified music, with limitations, from 12:00 p.m. to 9:00 p.m., with a pre-event sound check at 10:00 a.m., on Saturday, September 14, 2019, for the Dual Citizen Block Party at 725 Raymond Avenue.  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