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 Sunday, September 20 and 27, 2020, with a pre-event sound check at 1 hour prior daily.
2) All electronically powered equipment, PA systems, loudspeakers or similar devices used in conjunction with the event shall not exceed 85 dBA as measured at 50 feet from the sound source during the hours of the event.
3) The applicant will provide personnel and equipment to ensure compliance with the sound level variance conditions.
4) All electronically powered equipment, PA systems, loudspeakers or similar devices must be turned off no later than 9:30 p.m. on Friday, September 18, and 25, and Saturday, September 19 and 26, 2020 and no later than 7:00 p.m. on Sunday, September 20 and 27, 2020, the days of the event performances.
FURTHER RESOLVED, that any violations of the conditions set forth above, may result in denial of any future variances, in addition to any criminal citation which may be issued.
Required Background Information
Tom Schroeder, Waldmann, has requested an exemption from the sound level limitations in Chapter 293.07 in order to present amplified music, with limitations, 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, during Walmann Oktoberfest at 445 Smith Avenue North. 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