Title
Approving the application of Trilingua Cinema for a sound level variance in order to present amplified sound on June 16, 2023 at East Side Sculpture Park - 705 Seventh Street East.
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, Trilingua Cinema, represented by Geordie Flantz, who has been designated as the responsible person on the application, has applied for a variance, at a requested sound level limit of 100 dBA at no specified distance from the sound source at East Side Sculpture Park - 705 7th St E, to present amplified sound; and
WHEREAS, applicant has requested a variance for the hours of 8:00 p.m. to 11:00 p.m. with a pre-event sound check at 6:00 p.m. on June 16, 2023 for the Nope Film Screening event; and
WHEREAS, if applicant is not granted a variance applicant will not be able to present amplified sound at East Side Sculpture Park - 705 7th St E.; 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 Trilingua Cinema for the Nope Film Screening event at East Side Sculpture Park - 705 7th St E., subject to the following conditions:
1) The Variance shall be for the hours of 8:00 p.m. to 11:00 p.m. with a pre-event sound check at 6:00 p.m. on Friday, June 16, 2023.
2) All electronically powered equipment used in conjunction with the event shall not exceed 85 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 11:00 p.m. June 16, 2023, the event date.
FURTHER RESOLVED, that any violations of the conditions set forth above on the June 16, 2023 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
Trilingua Cinema, represented by Geordie Flantz, has requested an exemption from the sound level limitations in Chapter 293.07 in order to present amplified sound, with limitations, from 8:00 p.m. to 11:00 p.m. with a pre-event sound check at 6:00 p.m. on June 16, 2023 at East Side Sculpture Park - 705 7th St E. 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