City of Saint Paul - File #: RES PH 20-182

• File #: RES PH 20-182
• Version: 1
• Type: Resolution-Public Hearing
• Status: Passed
• In control: City Council
• Final action: 9/9/2020
• Title: Approving the application of Tom Schroeder, Waldmann, for a sound level variance for amplified music at 445 Smith Avenue North, September 18-20 and September 25-27, 2020 during the Waldmann Oktoberfest.
• Sponsors: Rebecca Noecker
• Ward: Ward - 2

Date	Ver.	Action By	Action	Result
9/11/2020	1	Mayor's Office	Signed
9/9/2020	1	City Council	Adopted	Pass

Title
Approving the application of Tom Schroeder, Waldmann, for a sound level variance for amplified music at 445 Smith Avenue North, September 18-20 and September 25-27, 2020 during the Waldmann Oktoberfest.

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, Waldmann, represented by Tom Schroeder, CEO, has applied for a variance, with a sound level request of 85 dBA at no specified distance, to present amplified music at 445 Smith Avenue North; and

WHEREAS, applicant is seeking a variance beginning Friday, September 18 through Sunday, September 20, and Friday, September 25 through Sunday, September 27, 2020; from noon to 9:30 p.m. on Friday, September 18 and 25 and Saturday, September 19 and 26, 2020 and from 12:00 p.m. until 7:00 p.m. on Sunday, September 20 and 27, 2020, with a pre-event sound check at 1 hour prior daily, for Waldmann Oktoberfest; and

WHEREAS, if applicant is not granted a variance applicant will not be able to present amplified live music; 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 Waldmann for Oktoberfest subject to the following conditions:

1) The Variance will be for the Waldmann Oktoberfest, for Friday, September 18 through Sunday, September 20, and Friday, September 25 through Sunday, September 27, 2020; from noon to 9:30 p.m. on Friday, September 18 and 25 and Saturday, September 19 and 26, 2020 and from 12:00 p.m. until 7:00 p.m. on Su...