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Approving the application of Selby Avenue Jazz Fest/R. Mychael Wright for a sound level variance in order to present live amplified sound on September 11, 2021 at 934 Selby Avenue.
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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, Selby Avenue Jazz Fest/R. Mychael Wright - Selby Avenue Jazz Fest, represented by R. Mychael Wright and Event Pro Sound Owner Neal Wallace, who have been designated as the responsible persons on the application, has applied for a variance, at no requested sound level limit or specified distance from the sound source, to present amplified sound at 934 Selby Avenue; and
WHEREAS, applicant has requested a variance for the hours from 11:00 a.m. to 7:30 p.m., with a pre-event sound check at 10:00 a.m. on Saturday, September 11, 2021 for the Selby Avenue Jazz Fest; and
WHEREAS, if applicant is not granted a variance applicant will not be able to present amplified sound at 934 Selby Avenue; 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 Selby Avenue Jazz Fest/R. Mychael Wright, subject to the following conditions:
1) The Variance shall be for the hours 11:00 a.m. to 7:30 p.m., with a pre-event sound check at 10:00 a.m. on Saturday, September 11, 2021.
2) All electronically powered equipment used in conjunction with the event shall not exceed 90 dBA as measured at 50 feet from the sound source.
3) The applicant shall provide personnel and equipment who shall provide continuous sound level monitoring at each sound mix during the hours of the variance.
4) All electronically powered equipment, PA systems, loudspeakers or similar devices shall be turned off no later than 7:30 p.m. Saturday, September 11, 2021, the event date.
FURTHER RESOLVED, that any violations of the conditions set forth above on the September 11, 2021 date may result in denial of future requests for the grant of a noise variance, in addition to any criminal citation which might issue.
Required Background Information
Selby Avenue Jazz Fest, represented by R. Mychael Wright and Event Pro Sound Owner Neal Wallace, owner, 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 7:30 p.m., with a pre-event sound check at 10:00 a.m. on Saturday, September 11, 2021. 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