Title
Approving the application of Burger Moe’s for a sound level variance in order to present amplified sound for the St Patrick’s Day/Lucky Palooza events on March 16, 2024 and March 17, 2024 at 242 Seventh Street West - Burger Moe’s parking lot.
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, Burger Moe’s, represented by Moe Sharif, Owner, who has been designated as the responsible person on the application, has applied for a variance, for a requested sound level limit of 95 dBA at fifty feet from the sound source, to present amplified sound at 242 7th St W - Burger Moe’s parking lot; and
WHEREAS, applicant has requested a variance for the hours of 12:00 p.m. to 11:00 p.m., on Saturday March 16, 2024 and Sunday March 17, 2024 for the St Patrick’s Day/Lucky Palooza events; and
WHEREAS, if applicant is not granted a variance applicant will not be able to present amplified sound at 242 7th St W - Burger Moe’s parking lot; 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 Burger Moe’s, subject to the following conditions:
1) The Variance shall be for the hours of 12:00 p.m. to 11:00 p.m. on Saturday, March 16, 2024 and 12:00 p.m. until 10:00 p.m. on Sunday, March 17, 2024
2) All electronically powered equipment used in conjunction with the event shall not exceed 90 dBA as measured at 50 feet from all sound sources outside of the fully enclosed tent from 12:00 p.m. until ...
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