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File #: RES PH 21-205    Version: 1
Type: Resolution-Public Hearing Status: Passed
In control: City Council
Final action: 8/18/2021
Title: Approving the application of MDVA for a sound level variance in order to present amplified sound on September 10 and 11, 2021, 2021 at 75 Rev Dr Martin Luther King Jr Boulevard - MN State Capitol, Upper Mall.
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 MDVA for a sound level variance in order to present amplified sound on September 10 and 11, 2021, 2021 at 75 Rev Dr Martin Luther King Jr Boulevard - MN State Capitol, Upper Mall.

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, MDVA, represented by Mike McElhiney, MDVA Chief of Staff, who has been designated as the responsible person on the application, has applied for a variance, for a requested sound level limit of 90 dBA measured at no specific from the sound source, to present amplified sound at 75 Rev Dr Martin Luther King Jr Boulevard - MN State Capitol; and

WHEREAS, applicant has requested a variance for the hours from 6:00 p.m. to 8:00 p.m. on Friday, September 10 and 7:30 a.m. to 2:30 p.m. on Saturday, September 11, 2021 with a pre-event sound check at 6:00 p.m. to 8:00 p.m. on Friday, September 10 and 5:30 a.m. to 7:00 a.m. on Saturday, September 11, 2021 for 9-11 Day of Remembrance; and

WHEREAS, if applicant is not granted a variance applicant will not be able to present amplified sound at 75 Rev Dr Martin Luther King Jr Boulevard - MN State Capitol; 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 MDVA, subject to the following conditions:

1) The Variance shall be for the hours from 6:00 p.m. to 8:00 p.m. on Friday, September 10 and 7:30 a.m. to 2:30 p.m. on Saturday, September 11, 2021 with a pre-event sound check from 6:...

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