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File #: RES PH 22-98    Version: 1
Type: Resolution-Public Hearing Status: Passed
In control: City Council
Final action: 4/27/2022
Title: Approving the application of ROK Eatery for a sound level variance in order to present amplified sound on Sundays, May 1 - September 25, 2022 at 882 Seventh Street West - ROK Eatery.
Sponsors: Rebecca Noecker
Ward: Ward - 2
Attachments: 1. Application, 2. ENS, 3. Map, 4. Owners List, 5. Notice to Owners, 6. Letter to Applicant, 7. RES PH 22-98 - Travis Wycislak

Title

Approving the application of ROK Eatery for a sound level variance in order to present amplified sound on Sundays, May 1 - September 25, 2022 at 882 Seventh Street West - ROK Eatery.

 

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, ROK Eatery, represented by Travis Wycislak, Owner, who has been designated as the responsible person on the application, has applied for a variance, for 95 dBA at no specified distance, to present amplified sound for the Sundays @ROK at 882 W 7th St - ROK Eatery; and

 

WHEREAS, applicant has requested a variance for the hours of 4:00 p.m. to 8:00 p.m. with a pre-event sound check at 3:30 p.m. on Sundays, May 1 - September 25, 2022 for Sundays @ ROK; and

 

WHEREAS, if applicant is not granted a variance applicant will not be able to present amplified sound at 882 W 7th St. - ROK Eatery; 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 ROK Eatery, subject to the following conditions:

 

1)  The Variance shall be for the hours from of 4:00 p.m. to 8:00 p.m. with a pre-event sound check at 3:30 p.m. on Sundays, May 1 - September 25, 2022 for Sundays @ ROK.

 

2)  All electronically powered equipment used in conjunction with the event shall not exceed 85 dBA 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 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 8:00 p.m. on Sundays, May 1 - September 25, 2022, the event dates.

 

 

FURTHER RESOLVED, that any violations of the conditions set forth above on the Sundays, May 1 - September 25, 2022 dates 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

ROK Eatery, represented by owner, Travis Wycislak, has requested an exemption from the sound level limitations in Chapter 293.07 in order to present amplified sound, with limitations, from 4:00 p.m. to 8:00 p.m. with a pre-event sound check at 3:30 p.m. on Sundays starting May 1 - September 25, 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

 

 

 

 

 

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