Title
Approving the application of Compassionate Action for Animals for a sound level variance for amplified sound on September 15, 2019 at 120 Harriet Island Road for the Twin Cities Veg Fest 2019.
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, Compassionate Action for Animals, represented by Sam Barba, Music Coordinator, has applied for a variance, with a sound level request of 85 dBA at no specified distance, to present amplified and live music at 120 Harriet Island Rd., Harriet Island Target Stage; and;
WHEREAS, applicant is seeking a variance for the hours of 11:00 a.m. until 8:00 p.m., with a pre-event sound check from 9:00 a.m. until 11:00 a.m., on Sunday, September 15, 2019 at 120 Harriet Island Rd, Harriet Island Target Stage. for the Twin Cities Veg Fest 2019; and
WHEREAS, if applicant is not granted a variance applicant will not be able to present live and amplified music at 120 Harriet Island.; 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 Compassionate Action for Animals, subject to the following conditions:
1) The Variance shall be for the hours of 11:00 a.m. to 8:00 p.m., with a pre-event sound check from 9:00 a.m. until 11:00 a.m., on Sunday, September 15, 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 conditions.
4) All electronically powered equipment, PA systems, loudspeakers or similar devices shall be turned off no later than 8:00 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
Compassionate Action for Animals has requested an exemption from the sound level limitations in Chapter 293.07 in order to present amplified sound, with limitations, from 11:00 a.m. to 8:00 p.m., with a pre-event sound check from 9:00 a.m. until 11:00 a.m., on Sunday, September 15, 2019, for the Twin Cities Veg Fest 2019 at 120 Harriet Island Rd., Harriet Island Target Stage 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