03-209Council File # Q'3 � aOg
GreenSheet# �o3K3y
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Presented By
Referred To
Committee: Date
1 WHEREAS, Chapter 293 of the Saint Paul Legislative Code was enacted to regulate the
2 subject of noise in the City of Saint Paul; and
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4 WHEREAS, §293.11 provides for the granting of variances from the sound level
5 limitations contained in §293.09, upon a finding by the City Council that full compliance with
6 Chapter 293 would constitute an unreasonable hardship on an applicant, other persons or on the
7 community; and
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WHEREAS, Gabe's by the Park, represented by Tim Weiss, President, who has been
designated as the responsible person on the applicaYion, has applied for a variance to allow
amplified music at 991 N. L.exington Pazkway, on March 14, 15, 16 and 17, 2003 and October
31, and November 1, 2003; and
WHEREAS, applicant is seeking a variance for the hours of 4:00 p.m. to 12:00 midnight
on each of those dates; and
WHEREAS, if applicant is not granted a variance it will not be able to present the
amplified music for its Saint Patrick's Day and Halloween events; and
WHEREAS, the Office of License, Inspections, and Environmental Protection has
reviewed the application and has made recommendations regazding conditions for the variance;
now, therefore, be it
RESOLVED, that the Council o£ the City of Saint Paul hereby grants a variance to
Gabe's by the Park, subject to the following conditions:
1)
2)
The vaziance shall be for the hours of 4:00 p.m. to 12:00 midnight
on Marchl4, 15, 16 and 17, 2003 and October 31 and November 1,
2003.
All electronically powered equipment used in conjunction with the
event shall not exceed 95 dBA as measured from the wall opposite
the stage.
�_
3) The applicant shall provide personnei and equipment who shall 0� � a0 �
provide continuous sound level monitoring between 4:00 p.m. and
midnight on all of the dates to ensure compliance with Condition
#2.
4) All electronically powered equipment, PA systems, loudspeakers
or similar devices shall be turned off no later than midnight on
each of the dates_
FCTRTHER RESOLVED, that any violation of the conditions set forth above on an of the
dates may result in revocation of the grant of a variance for any subsequent date, in addition to
any criminal citation which might issue.
�
OFFICE OF LIEP Date: 1/24/2003 GREEN SHEET
�0
N° 403434 °�
rk R. Kaisersatt 266-9147 1 Ep'uzT"re�n' nixacrox q i� mvxcxL
2 iTr az-ro�ez zxr ci.
ust be on Council Agenda by: "°""`� �sT °ixzc�'°R IN. & MGT. SVC. DIR.
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2/26/2003 3 YOR coR ass�sxaNr�
OTAI, # OF SIGNATURE PAGSS 1 (CLIP ALL LOCATIONS FOR SIGNATURE)
CTION REQUESTED:
esolution granting Gabe's By The Park a sound level variance from the sound
level limitations contained in Chapter 293.09.
ECOM1AfENDATIONS: APPAOVE (A) OA REJECL (R) BRSONAL SBRVICB CONTRACTS M[iST ANSt'IBR T88 FOLLOWING:
PLANNING COPAfISSION CIVIL SERVICE COMMISSION 1. Has the person/firm ever worked under a contract for this department?
CIB COtM1ITTEE BUSINESS REVIEW COUNCIL YES NO
STAFF _ 2. Has this person/f>rm ever been a City employee?
DISTRICT COORT YES NO
3. Does this person/firm possess a skill not normally possessed by any
SUPPORTS WHICH COUNCIL OBJECTIVE? Ctirient City employee? �
YES NO
8xplain all YSS answers on a separate sheet aad attaeh.
INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, Why):
Tim Weiss, representing G.abe's By The Park, has requested a sound level
ariance for amplified outdoor music inside a covered tent on the parking lot
at 991 Lexington Parkway N. The music is scheduled from 4:00 p.m. to midnight
on March 14, 15, 16, & 17, 2003 during the St. Patrick's celebration, and on
October 31, & November 1, 2003 during the Halloween celebration.
VANTAGES IF APPROVED:
ill place conditions that will limit the sound impact on surrounding
residential and commercial areas.
ISADVANTAGES IF APPROVED: '
Persons living or working near 991 Lexington Parkway N. will'be able to hear
the sounds from the amplified music.
DISADVANTAGES IF NOT APPROVED:
- The sound level impact on surrounding residential and commercial areas could
' be greater with no conditions.
pplicant may not be able to present the music without exceeding the sound
level limitations contained in 293.09.
TOTAL AMOUNT OF TRANSACTION S 600 COST/REVENUE BUDGETED YES NO
FUNDING SOURCE 320-33350 ACTIVITY N[JMBER 0141
FINANCIAL INFORMATION: (EXPLAIN)
For staff monitoring and overtime.
o � -a°1
OFFICE OF LICENSE, INSPECTIONS AND ^
ENVIItONMENTAL PR07'ECTION v
Christine ftozek, /nterim Dtrector
CITY OF SAINT PAUL
Randy G Kelly, Mayor
January 23, 2003
LOWRYPROFESSION�IL BUILD7NG Telephone: 651-266-9090
350St.PetzrStree;Suite300 Facsimile: 651d66-9124
SaintPaul, Minnesotn 55702-IJIO Web: www.cistpaul.mn.us/[iep
TO: Nancy Anderson, Council Investigation & Research
Room 310, City Ha21
FROM: Mark Kaisersatt, R.S. `%%/�
Office of License, Inspections and Environmental Protection
SUBJECT: Sound Level Variance
Amplified Outdoar Music, Gabe's By The Park
Attached is a sound level variance application from Tim Weiss, President representing
Gabe's By The Park, 991 Lexington Parkway N., Saint Paul, 55103, to allow amplified
music inside a covered tent on the parking lot at 991 Lexington Parkway N.. A variance
is requested from 4:00 p.m. to midnight on March 14, 15, 16, & 17, 2003 during the Saint
Patrick's celebration, and on October 31 & November 1, 2003, during the Halloween
celebration.
Enclosed is the copy of the Public Hearing Notice sent to property owners within 200 feet
of 991 Lexington Parkway N..
Please have this item placed on the Council agenda for February 26, 2003. If you have
any questions, feel free to contact me at 266-9I47.
Resolution to follow.
MRK/ko
Attachments
c: file
CBI�`� ��2tG�? ��"`�P
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AA-ADA-EEO Employer
OFFICE OF LICENSE, INSPEC7IONS AND ^—��
ENVIRONMENTAL PROTECTION
Roger C. Cunis, Direcfor O�
CITY OF SAINT PAUL
Randy C. Kelly, bfay'or
LOWRYPROFESSIONAL BUILOLVG
350 Sr. Peter Srreet, Sui�e 300
SaintPaul, Nfinnerata Si102-I5f0
Application for Sound Level Variance
City of Saint Paul Noise Ordinance
Chapter 293 of the Saint Paul Legislative Code
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1. Organization or person seekin� variance7 i�> --
2. Address: ��� '' f`�� f ��'� � "'
3. Responsible person: � l�' �'.^ �/ � ' �S
4. Title or position: �f f<< � �`�^'�
5. Telephone: ((�'��l �� ��� � ��'���
6. Briefly describe the noise source and equipment involve
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7. Address or legal description of noise
8. Noise source time of operation:?, -i� �- /'7 '
9. Briefly describe the steps that will be taken to mmimize the
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10. Briefly state reason for seeking
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Tefephone: 651-266-9090
F¢csimi[e: 651-266-9(24
{{'eb: vnvw.cistpaul.mrt.us/fiep
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I l. Dates during which the variance is requested: 3- �� 3 / Z" '�`�< <- /�_% L � -
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'a res onsible erson � �� `� Date / /��
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Return completed Application d$ .00 fee to:
CITY OF SAINT PAUL Office Use Only
OFFICE OF LIEP
350 ST. PETER STREET� SUITE 300 Date Rec'd.
SAINT PAUL� MN 55102-1510 Reviewed
(651) 266-9090 Date Pubiic Notice Sent
Refeaed to Council
noisevar.app Rt�'ised 4/200'_
AA-ADA-EEO Employer
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NOTICE OF PUBLIC HEARING
St. Paul Property Owner:
This is to inform you of a request for a variance from the sound level limitations as indicated in the St.
Paul Noise Ordmance (Chapter 293 of the SL Paul Legislative Code).
A public hearing before the City Council on this variance request will be held on:
Date: February 26, 2003
Time: 5:30 p.m.
Loeation: 3rd floor, City Hall CouncIl Chambers
iVetl�fn fifteen (15) days of the mailing date on this notice written comments or objections
ireay be filed with the: City of St. Paul, Office of Lieense, Inspections and Environmental
ProtecUon, 350 St. Peter Street, Suite 300, Saint Paul,1!'Iinnesota 55102-1510.
I2escription of Variance:
Noise Source: Gabe's By The Pazk has requested a sound level variance for aznplified
outdoor music. The music will be played from 4:OOp.m to midnight on Mazch 14, 15,
16, & 17, 2003 during the St. Patrick's celebration, and on October 31 & November 1,
2003 during the Halloween celebration.
Loca4ionc Under a coaered tent on the pazking lot, aY 991 Lexington Pazkway N.
If you have any questions, please feel free to call Mazk Kaisersatt (651) 266-9147.
AA-ADA-EEO Employer (MaileA 7/2M2003)