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07-543Council File # D� S�� Resolution # �� Green Sheet # 3D �`f/rZ.- RESOLUTION PAUL, MINNESOTA Presented By Referred To Committee: Date WHEREAS, Chapter 293 of the Saint Paul L,egislative Code was enacted to regulate the subject of noise in the City of Saint Paul; and 4 WHEREAS, §293.11 provides for the granting of variances from the sound level limitations 5 contained in §293.09, upon a finding by the City Council that fixll compliance with Chapter 293 would ( constitute an unreasonable hardship on the applicant, other persons or on the community; and WHEREAS, Tim and Sherri Kehoe, who have been designated as the responsible persons on the application, has applied for a variance to present amplified music at 1335 Pinehurst Avenue; and 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 WHEREAS, applicant is seeking a variance for the hours of 6:00 p.m. to 10:00 p.m., on June 30, 2007: and WHEREAS, if applicant is not granted a variance it will not be able to present live music at 1335 Pinehurst Avenue; and WHEREAS, the Department of Safety and Inspections has reviewed the application and compared it to other noise variances that were approved by the Council 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 Tim and Sherri Kehoe, subject to the following conditions: 1) The variance shall be for the hours of 6:00 p.m. to 10:00 p.m., on June 30, 2007, at 1335 Pinehurst Avenue. 2) All electronically powered equipment used in conjunction with the event shall not exceed 90 dBA, as measured at 50 feet from the source, from 6:00 p.m. to 10:00 p.m.; l�?-S�� 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 FURTHER RESOLVED, that any violations of the conditions set forth above on the June 30, 2007 date may result in denial of future requests for the grant of a noise variance, in addition to any criminal citation which might issue. Adoption Certified by Council Secretary : � �. � Requested by Department o£ Department of Safety and Inspections BY: l/t..µ.c.t.tme� �' �'� � Bob Kessler, Director Form Approved by C�ty Attorney By: 1 ' R el Gund Approved b ayor, for Submission to Council J i By: Adopted by Council: Date �� ...,�/�, �l1lJy � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � D� s�3 ' �p — Licrnse/Inspecfion/Enwon Prot Conqct Person & Phone: � � Mark Kaisersatt '� 266-9747 , Assign Must Be on Council Agenda by (Date): ' Number 2WUN-07 For Routing Doc.Type:�RESOLUTION �, Qrcler E-Document Required: N Documenl Contact: ConWct Phone: ToW I# of Signature Pages _(Clip All Locations for Signature) Green Sheet NO: 3040412 0 �I.icense/IuspectiodEnviron Prot � 1 I.icenseJlnsoecuadEna9ron Prot '� Deoartment Director 2 iCSty Attorney � 3 Mavor's O�ce MavodAssistant _ 4 iCouncil 5 'ty Clerk Citv Clerk ', Approvai of a resolufion granting Tim and Sherry Kehce an exemption from the sound levei Iimiiations in Chaptec 293.09, in order ; to present amplified music, with limitations, from 6:00 p.m. to 10:00 p.m. on June 30, 2007, at 1335 Pinehurst Avenue. itlatlons: Approve (A) or F Planning Commissi0n CIB Committee Civil Service Commission 1. Has this person/firm ever worked under a contract for this departmenY? Yes No 2. Has this persoNfirtn ever 6een a city employee? Yes No 3. Does this personlfirm possess a skili not normally possessed by any current city empioyee? Yes No Explain all yes answers on separate sheet and attach to green sheet � I�itiating Problem, Issues, Opportunity (Who, What, When, Where, Why): . Chapter 293.11 provides for the granting of variances from the sound level timitations contained in Chap[er 203.09. �, Advantages If Approved: ', Applicant may present amplified music. ', Disadvantages If Approved: Neighbors wi[hin earshot of the noise source will be subjected to music. Disadvantages If Not Approved: Applicant may not present amplified music. _ P`rn �ee °6 � y,_� ' ToWI Amount of CostlRevenue Budgeted: ���� � m �°C��e� ' Trensaction: �� � Funding Source: Activity Number: 'JUN 0 C 9 00 7 c� L 1 �.. Financiallnformation: ' �' (Explain) � June 4, 2007 12:55 PM Page 1 CIT'Y OF SAIlVT PAUL Chrzsmp6e>B. Coleman, Mayor Application for Sound Level Variance City of Saint Paul Noise Ordinance Chapter 293 of the Samt Paul I.egislarive Code � + �,'�� / t�� \ � V� � ���,i� u 1. Organization or person s ariance: i .�. ` �-� �E %� �� �� � � � � �: 2. Address: �_��'a �5 �F �^. �� F^�.f . �:< � � �°� 1- 7ct �x_l ��.- . s._ �S t 1 tE 3. Responsible person: E � r h �_ ,• �: ' 4. Title or posirion: 5. Telephone: ( ts,'1 j)1 ��� �i -�C ��! L 6. Briefly descnbe the noise source and equipment nrvolved: � ' i � p �� J �-� t ��; r/' s I.Y .r, �_ 7 J�Gt �l � Lz i^. !. i 1 v`y P✓' —#�� �'� C� F' ��(- �v .r: c,�c� 7. Address or legal descriprion of noise � ,--� ., � 8. Noise sonrce time of 9. nefly descnbe the `�' } �p ps that will be taken to mini� " i- 4a. �.t' t'Vi ,` 1� ; r+�_ c' �v�c �-�-� IA- 'C�v_�� G: T; °I-- �.__. 10. Briefly state reason for seeking variance: ��` �_ i l. Dates during wlrich the variance is Signature of responsible ✓ ``s the noise � D7-S�3 OFt10E OF LICENSE, INSPECTIONS AND ENVIRONMENTAL PROTECTION Bob Kessler, Directar COMMERCEBUILDING Telephone: 657-266-9090 8 Fourth St. $ Suite 200 Facsimile: 657-266-9114 SainlPau4l.finrsesata55701-1024 Web: www.liep.ur r• ..t�JL c; - ''`� �:el r-� c i-._<> � t � �1 � t, �-:-�c< �- ri-.� [<< � .!_ — _ .� <_ �, r:��'" . ��:_' . C �r �... �— > i � --i.� .ti_ � �`-- — �: ��� � <�<� �/ Date ° �� �� � D7-5�3 Retucn completed Application and 5150.00 fee to: CITY OF SAINT PAUL OFFICE OF LIEP S FOURTH ST. E, SUITE 200 SAINT PAUL, MN 55101-1024 (651) 266-9090 Office Use Only Date Rec'd Reviewed Date Public Notice Sent Refesred to Council noisevaz.app Revised 22003 DSI RECEIPT Date: 05/3'Il2007 Received From: TINj KEHOE 7335 PINEHURST AVE ST PAUL MN_55116 Description: Invoice Details 517535 Noise Variance TOTAL AMOUNT PAID: Paid By: Type � Check# Received Date � Amount Invoice Amount $150.00 CITY OF SAINT PAUL Oepartrnent of Safery and Inspecfions - e FouM SVeet Fast, Stn[e 200 Savit Paui. Mirviesota 55101-1024 (651)266 Fac (fi51)26G912< uvww.stpaulgov/dsi �7-��3. Amount Paid 5150.00 $150.00 Page 1 of 1