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02-637Council File # p a, - �3� (9, Presented Referred To Committee Date 1 WHEREAS, Chapter 293 of the Saint Paul Legislative Code was enacted to regulate the subject of noise 2 in the City of Saint Paul; and 3 WHEREAS, §293.11 provides for the granting of variances from the sound level limitations contained in 4§293.09, upon a finding by the City Council that full compliance with Chapter 293 would constitute an 5 unreasonable hardship on an applicant, other persons or on the community; and 6 WHEREAS, Wild Firewater, LLC, d/b/a Wild Tymes, represented by John A. McDonough, owner, who 7 has been designated as the responsible person on the application, has applied for a variance to a11ow amplified 8 guitaz music at Wild Tymes, 33 West 7r'' Place on July 19, and August 9 and 23, 2002; and 9 10 and 11 12 WHEREAS, applicant is seeking a vaziance for the hours of 8:00 pm. to midnight on each of these dates; WHEREAS, if applicant is not granted a variance it will not be able to haue amplified music; and WHEREAS, the Office of License, Inspections and Environmental Protection has reviewed the 13 application and has made recommendations regazding conditions for the variance; now, therefoze, be it 14 RESOLVED, that the Council of the City of Saint Paui hereby grants a vaziance for July 19, August 9 15 and August 23, 2002 to Wild Firewater, LLC, db/a Wild Tymes subject to the following conditions: 16 1) The variance sha11 be for the hours of 8:00 p.m. to midnight and each of the three dates. 17 18 2) 19 20 21 3) 22 23 24 25 4) 26 All electronically powered equipment used in conjunction with the event sha11 not exceed 70 dBA as measured at 50 feet from the noise source. The applicant shall provide personnel and equipment who shall provide continuous sound level monitoring between 8:00 pm. and midnight on each date to ensure compliance with Condition #2. All electronically powered equipment, PA systems, loudspeakers or sunilar devices shall be turned off no later than midnight on each date. 27 28 FINALLY RESOLVED, that any violation of the conditions set forth above on any of the dates may 29 result in revocation of the grant of a variance for the subsequent date(s), in addition to any criminal citation 30 which might issue. 6a-�3� Adopted by Council: Date �j _�� Q� i Adoption Certified by Council Sec tary By: Approved by y : Date ` � B .�i/did/,�� r � Requested by Department of: � Form Approved by City Attomey � Approved by Mayor for Submission to Council ba-� �'� Council Councilmember COleman 266-8620 AUST BE ON COUNCIL AGENDA BY (OA'fE) TOTAL # OF SIGNATURE PAGES OATE INITIATm :I• UtlY= GREEN SHEET ovwnmr owrcroR No �oosa9 ❑ CIIYATiOR1EY ❑ CIIYCIFRR ❑ iiUtlfJGLfERNCFSOYL ❑ RIIIIIJIILiF0.V/KRO ❑ WYORIORAf.ffi�Mlll ❑ (CLIP ALL LOCATIONS FOR SIGNATURE) Granting a sound level variance to Wild Firewater, LLC, dba Wild Tymes (John McDonough, Owner) 33 West 7th Place on July 19, August 9 and 23, 2002, from 8:00 p.m. to midnight. PLANNING COMMISSION CIB COMMITTEE CIVIL SERVICE COMMISSION Flas th"�s PersoN6rm evervroACed urMer a contrad far Ihis department7 VES NO Has mis peBOnfirm ever heen a cily empbyee7 YES NO ' Does Mis persorJfiim poasess a sldll not nortnallypossessetl by any curteM ciry employce? YES NO Is this pereoMrtn a tarpetetl venrbYl YES NO on seoarate sheet a�M attach OF TRANSACTION SOURCE COSTrttEVENUEBUDCETED(GRCIEON� ACTNRY NUMBER l� i��;I INFORMATION (EXPWf�