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File #: RES PH 20-27    Version: 1 Name: SLV - Burger Moe's Lucky Palooza - PH 2-12-2020
Type: Resolution-Public Hearing Status: Passed
In control: City Council
Final action: 2/12/2020
Title: Approving the application of Burger Moe’s for a sound level variance for amplified music for a Lucky Palooza event on March 14, 2020 at 242 7th Street West.
Sponsors: Rebecca Noecker
Ward: Ward - 2
Attachments: 1. Application, 2. ENS, 3. Map, 4. Owners List, 5. Notice to Owners, 6. Letter to Applicant
Title
Approving the application of Burger Moe’s for a sound level variance for amplified music for a Lucky Palooza event on March 14, 2020 at 242 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, Burger Moe’s, represented by Moe Sharif, who has been designated as the responsible person on the application, has applied for a variance to present amplified music in an enclosed tent at 242 7th Street West; and

WHEREAS, applicant has requested a variance, at a requested sound level limit of 100- 95 dBA at 50 feet from the source, for the hours from 11:00 a.m. to 11:00 p.m. on March 14, 2020 with a pre-event sound check at 11:00 a.m.; and

WHEREAS, if applicant is not granted a variance they will not be able to present amplified music at 242 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 Burger Moe’s, subject to the following conditions:

1) The Variance shall be for the hours from 11:00 a.m. until 11:00 p.m. on Saturday, March 14, 2020, with a pre-event sound check at 11:00 a.m. in a fully enclosed tent in Burger Moe’s parking lot, 242 7th Street West.

2) All electronically powered equipment used in conjunction with the event shall not exceed 95 dBA as measured at 50 feet from all sound sources outside of the fully enclosed tent from 11:00 a.m. until 11:00 p.m., with a pre-event sound check at 11:00 a.m.

3) The applicant shall provid...

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