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File #: RES PH 21-97    Version: 1
Type: Resolution-Public Hearing Status: Passed
In control: City Council
Final action: 4/28/2021
Title: Approving the application of El Burrito Mercado for two sound level variances in order to present amplified music on five Friday evenings for Fiestas Mexicanas Friday Series, May 28, 2021 through September 17, 2021 and on five Saturday evenings, for Fiesta Latina Saturday Series, Saturday, June 5, 2021 through Saturday, September 18, 2021 at the El Burrito Patio space at 175 Cesar Chavez Street.
Sponsors: Rebecca Noecker
Ward: Ward - 2
Attachments: 1. Application (Friday Series), 2. Application (Saturday Series), 3. ENS (Friday Series), 4. ENS (Saturday Series), 5. Map, 6. Owners List, 7. Notice to Owners, 8. Letter to Applicant
...Title

Approving the application of El Burrito Mercado for two sound level variances in order to present amplified music on five Friday evenings for Fiestas Mexicanas Friday Series, May 28, 2021 through September 17, 2021 and on five Saturday evenings, for Fiesta Latina Saturday Series, Saturday, June 5, 2021 through Saturday, September 18, 2021 at the El Burrito Patio space at 175 Cesar Chavez Street.

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, Milissa Silva, CEO and Owner, who has been designated as the responsible person on the application, has applied for two sound level variances at a requested level of 82 dBA at no specified distance, to present amplified music. Proposed times of operation are from 6:00 p.m. until 10:00 p.m., starting on Friday, May 28, 2021, (five (5) Fridays: May 28th, June 4th,  July 2nd, August 6th, and September 17, 2021 and five (5) Saturdays: June 5th, June 19th, July 3rd, August 7th and September 18, 2021 at 175 Cesar Chavez Street; and

WHEREAS, if applicant is not granted the variances, applicant will not be able to present the outdoor music series at 175 Cesar Chavez Street; and

WHEREAS, the Department of Safety and Inspections (DSI) has reviewed the applications and has made recommendations regarding conditions for the variances. Now, therefore, be it

RESOLVED, that the Council of the City of Saint Paul hereby grants two variances to Milissa Silva, subject to the following conditions:

1) The Variances will be for two music series starting on Friday, May 28, 2021, (five (5) Fridays: May 28th, June 4th, July 2nd, August 6th, and Septem...

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