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05-181Presented By. Council File # � ` �1 Resolution # Green Sheet # � RESOLUTION CITY OF SAINT PAUL, MINNESOTA � 3I Referred To Committee: Date 1 2 WHEREAS, Chapter 293 of the Saint Paul Legislarive Code was enacted to regulate the subject of noise in 3 the City of Saint Paul; and 4 5 WHEREAS, §293.11 provides for the granring of variances from the sound level limitations contained in 6§293.09, upon a fmding by the City Council that full compliance with Chapter 293 would constitute an 7 unreasonable hardship on an applicant, other persons or on the community; and 8 9 WHEREAS, the Dubliner Pub, represented by Tom Scanion, President and Owner, who has been designated 10 as the responsible person on the applicarion, has applied for a variance to allow live music at 2162 University Ave. 11 W.; and 12 13 WHEREAS, applicant is seeking a variance for the hours of 12:00 p.m. to 12:00 midnight for March 17, 14 2005;and 15 16 WHEREAS, if applicant is not granted a variance it will not be able to present the live music; and 17 18 WHEREAS, the Office of License, Inspections, and Environmental Protection has reviewed the application 19 and has made recommendations regarding conditions for the variance; now, therefore, be it 20 21 RESOLVED, that the Councii of the City of Saint Paul hereby grants a variance to the Dubliner Pub, subject 22 to the following conditions: 23 24 1) The variance shall be for the hours of 12:00 p.m. to 12:00 midnight for March 17, 25 2005 26 27 2) Ail electronicaliy powered equipment used in conjunction with the event shall not 28 exceed 95 dBa as measured at the wall opposite the stage 29 30 3) The applicant shall provide personnei and equipment who shall provide continuous 31 sound level monitoring between 12:00 p.m. and 12:00 midnight on March 17 to 32 ensure compliance with Condition #2. 33 34 4) Amplifiers and speakers in the tent shall be directed away from the hotel and face west 35 into the south portion of the Dubliner Pub pazking lot. 36 1 1\ � 1 � 5) All electronicaliy powered equipment, PA systems, loudspeakers or similaz devices shall 2 be turned off no later than midnight on March 17, 2005. �� �� � 3 4 6) Scanlon's Pub will provide a minimum of ten (10) satellite restrooms. 5 6 7) Scanlon's Pub wili police surrounding properties every hour for removal of debris. 7 8 FURTHER RESOLVED, that any violarions of the condirions set forth above on the March 17, 2005 date 9 may result in denial of future requests for the grant of a noise variance, in addirion to any criminal citarion which 10 might issue. 11 12 �� 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 2 «� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � DepartrnenUo�ce%ouncil: � Date Initiated: LP License/IospecUOn/Environ Prot 10.FE&-05 Contact Person 8 Phone: Christine Rozek 266-9108 Must Be on Council qgenda by (I . 02-MAR-0S 'Pub �: c � 26 t� � Assign Number For Routing Order O`� �g� Green Sheet NO: 3025203 ueoarvnenc seni w rerson 0 �n e�,nnspgctio�nviron Pro 1 �.icenseJlns�ectionlEnviro» Aro ' Deoartment Directoc Z -.a3�.a�s.Y � 3 voYs Otfice Mayor/ASSistant t 4 cil 5 ' Clerk C7 Clerk i Total # of Signature Pages _(Clip All Locations for Signature) i Action Requested: � Approval of a Resolution granting Dubliner Pub a variance from the noise requirements in Chapter 243 of the St. Paul Legislative � Code. The event is to be held from 12:00 P.M. to 12:00 midnight on Mazch 17, 2Q05, in conjunction with the establislunent's St. Patrick's Day festivities. idations: Approve (A) or R Planning Commission CIB Committee Civil Service Commission 1. Has this person/firm ever worked under a contract for this department? Yes No 2. Has this person/firm ever been a city employee? Yes No 3. Does ihis person/firm possess a skill not normally possessed by any cuRent city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet Initiating Problem, lssues, Opportunity (Who, What, When, Where, Why): - Council action is necessary to grant variance ffom noise requirements in Chapter 293. AdvantageslfApproved: FES 1 1 20�5 � ����i �� 4.`���,�e�� I Disadvantages If Approved: Disadvantages If Not Approved: Transaction: FundinA Source: Service Contrects Must Mswer the Following Questions: CosNRevenue Budgeted: Activity Number: �.5. .�-� ��,&A�t'!'�i �AR$q' Financiallnformation: ��. � �, -_ (Explain) . F3 �