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File #: RES PH 23-202    Version: 1
Type: Resolution-Public Hearing Status: Passed
In control: City Council
Final action: 8/2/2023
Title: Approving the application of One Simple Plan LLC for a sound level variance in order to present amplified sound on August 12, 2023 at the Minnesota State Capitol Grounds - 75 Rev Dr Martin Luther King Jr Blvd.
Sponsors: Rebecca Noecker
Ward: Ward - 2
Attachments: 1. Application, 2. ENS, 3. Map, 4. Notice to Owner, 5. Owners List, 6. Letter to Applicant
Title

Approving the application of One Simple Plan LLC for a sound level variance in order to present amplified sound on August 12, 2023 at the Minnesota State Capitol Grounds - 75 Rev Dr Martin Luther King Jr Blvd.

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, One Simple Plan LLC, represented by Nathaniel Utpadel, Account Associate, who has been designated as the responsible person on the application, has applied for a variance, for 90 dBA at no specific distance to present amplified sound for India Fest at the Minnesota State Capitol Grounds - 75 Rev Dr Martin Luther King Jr Blvd; and

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WHEREAS, applicant has requested a variance for the hours of 11:00 a.m. to 9:00 p.m. with a pre-event sound check at 9:00 a.m. on August 12, 2023 for India Fest; and

WHEREAS, if applicant is not granted a variance applicant will not be able to present amplified sound at Minnesota State Capitol Grounds - 75 Rev Dr Martin Luther King Jr Blvd; 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 One Simple Plan LLC, subject to the following conditions:

1)  The Variance shall be for the hours of 11:00 a.m. to 9:00 p.m. with a pre-event sound check at 9:00 a.m. on Saturday, August 12, 2023 for India Fest.

2)  All electronically powered equipment used in conjunction with the event shall not exceed 90 dBA at 50 feet from all sound sources

3)  The applicant shall provide personnel and...

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