...Title
Approving the application of Macalester College for a sound level variance in order to present live amplified sound on April 16, 2022 at 125 Snelling Ave S.
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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, Macalester College, represented by Andy Williams, Program Board Director, who has been designated as the responsible person on the application, has applied for a variance, for a requested sound level limit of 120 dBA measured at no specific distance to present amplified sound at 125 Snelling Ave S; and
WHEREAS, applicant has requested a variance for the hours from 2:00 p.m. to 7:00 p.m. on Saturday, April 16, 2022 with a pre-event sound check from 11:30 a.m. to 2:00 p.m. for Springfest; and
WHEREAS, if applicant is not granted a variance applicant will not be able to present amplified sound at 125 Snelling Ave S; 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 Macalester College, subject to the following conditions:
1) The Variance shall be for the hours from 2:00 p.m. to 7:00 p.m. on Saturday, April 16, 2022 with a pre-event sound check from 11:30 a.m. to 2:00 p.m.
2) All electronically powered equipment used in conjunction with the event shall not exceed 92 dBA as measured at 50 feet from all sound sources.
3) The applicant shall provide personnel and equipment who shall provide continuous sound level monitoring at each sound source during the hours of the variance.
4) All electronically powered equipment, PA systems, loudspeakers or similar devices shall be turned off no later than 7:00 p.m. April 16, 2022, the event date.
FURTHER RESOLVED, that any violation of the conditions set forth above on any of the dates may result in revocation of this variance for the remaining date(s), in addition to any criminal citation which might issue.
FURTHER RESOLVED, that any violations of the conditions set forth above on the April 16, 2022 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
Macalester College, represented by Andy Williams, Program Board Director, has requested an exemption from the sound level limitations in Chapter 293.07 in order to present amplified sound, with limitations, from 2:00 p.m. until 7:00 p.m. on April 16, 2022. 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