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07-927AMENDED 10/03J07 Council File # �- �� Resolution # CrreenSheett� 3043930 . _ � PAUL, MINNESOTA Presented By_ Referred To Date 1 WHEIZEAS, C����te�?f�of the Saint �ul Legislarive Code was enacted to regulate the subject of 2 noise in the City of S nt Paul; and 3 4 Wf3EREAS, §293.11 provides for the ganting of variances from the sound levellimitations � contained in §293.09, upon a finding by the City Council that full compliance with Chapter 293 would ( constitute an unreasonable hazdship on the applicant, other persons or on the community; and 8 WHEREAS, the Tavern on the Avenue, represented by Ted Aselme, General Manager, who have 9 been designated as the responsible person on the applicarion, has applied for a variance to present live 10 music at 825 Jefferson Avenue; and 11 12 WHEREAS, applicant is seeking a variance for the hours of 7:00 pm. to 1:00 am., on Friday and 13 Saturday October 5& 6, 2007; and 14 I 5 WHEREAS, if applicant is not granted a variance it will not be able to present live music at 825 16 Jefferson Avenue;and 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 VJHEREAS, the Deparhnent of Safety and Inspections has reviewed the application and has made recommendations regarding conditions far the variance; now, therefore, be it RESOLVED, that the Council of the City of Saint Paul hereby grants a variance to the Tavem on the Avenue, subject to the following conditions: 1) The variance shall be for tYte hours of 7:Q0 p.m. to 12�., on October 5& 6, 2007. //:30P..ry,. 2) All electronically powered equipment used in conjunction with the event shall not exceed 90 dBA, as measured at 50 feet from the source. 3) The speakers shall be directed away from nearby residences. � ?-9�-� 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 October 5& 6 dates may result in deniai of future requests for the grant of a noise variance, in addition to any criminal citation which might issue. AdoptedbyCouncil: Date �D�G3.�a�dd7 Adoption Certified by Council Secretary � App : Requested by Department of: Safety and Inspections BY: /9�CtY/ 11-L�'7Y�-2_ Bob Kessler, Director Form Approved by City Attorney By:�b./fn..l� I CeA� Rachel �seri�`(��,� Approv by r, for bmission to Council �� By: � Green Sheet Green Sheet Green Sheet Green 5heet Green Sheet Green Sheet � �-y� � DepartmenUoffice%ouncil: Date Initiated: $� �DepcofSafety&Inspections � '13-SEP-O� ; G re en Sheet N 3043930 � ConWct Person 8 Phone: � Depar4nent SeMTo Person Initiall�ate , Mark Kafsersatt � i 0 �Dent ofSafety & Insoections i ' �� 266-9147 '' Assign � 1 �entofSafery�lnsoecrtons I DeoartmentD'vector ' Must Be on Cou�n� y ii,q�gend. by (Qate): ; Number � � 03-OCT-07 G.'tf�� _� For '� 2 itvAaurnev l , -- Routing ' 3 avor`s Offce � Mavor/ASSistant Doa Type: RESOLUTION � Order I � ___ � 4 I�ouncit ; E-Document Required N i I 5 �Citr Clerk I CiN Clerk ' DocumeM CoMad: � � CvnWd Phone: Total # of Signature Pages _(Ctip All locations for Signature) Approval of a resolution granting the Tavern on the Avenue, represented by Ted Anselme; General Manager, an exemption from the sound level limitarions in Chapter 293.09, in order to present Live music, with limitations, from 7:00 P.M. to ': on October 5 & 6, 2007. la2.Ov �YI,Dn��hf �tlaUOns: Appfove (A} o( R Planning Commission ClB Committee Civil Service Commission 1. Has this personffirm ever worked under a coMrect for this depaAmeM? Yes No 2. Has this persoNfirm ever been a city employee? Yes No 3. Does this personifirm possess a skill not normally possessed by any curtenf cfry employee? Yes No ExPlain ail yes answers on separete sheet and attach ta green sheet Initiating Prablem, Issues, Opportunity (Who, What, When, Where, Why): Chapter 293.11 provides for the granting of variances from the sound level limifations contained in Chapter 203.09. �(S�QA� CQ� 1�C,vt_� AdvantageslfApproved: �('� � J Applicant may present live music. �, " V �� Y Disadvan W ges If Approved: Neighbors wi[hin earshot of the noise source will be subjected to music. D'+sadvantages It Not Approved: ApplicanY may not present live music. � Total Amount of Transadion: Funding Source: FinanciallnfortnaHon: (Explain) September 13, 2007 10:27 AM , CosURevenue Budgeted: Activity Number. �`s�-�-' � '° T s�� � � 2007 Page 1 .:. / ��;:.. '. CITY OF SAINTjPAUL CSyistopherB. Colemm; Mayar DEPAATMENC OF SAFELY AND INSPECTiONS v � ~ ��� Bob Kesster, Director COMMERCEBUILDING T¢lephon¢: 651-266-9090 SFourthStreetE., Suite 200 Facsimlle: b51-266-9724 Saintpqu7,M+nnesota55707-1026 Web: www.stpaut.go✓Idsi �pplication for Sound Level Variance City of Saint Paul Noise Ordinance Chapter 293 of the Saint Paul Legislative Code -� 1. Organization or person se�king vaziance: ������`-' 5 r' � �'�� �'�`�5� t��ij �iF✓�fzlU Qr� ��tEL�� 2. Address: $Z� �%�FF�/2Soxl f�i1� S>' �•�uc. dY1N ✓�.7Jo� 3. Responsible person:� 4. Titla or position: �� E � 5. Telephone: ( � �^ !�? � 6. Briefly describe the noise�sourc 7. Address or legal 8. Noise source Ume of ope� 9. Briefly describe the steps 10. Briefly state reason for and equipment involved:� �T�7�l� �oN��J� � ofnoisesource: _ �?� ��' �- fo `�" 7 v,M �- j � �r will be taken to minimize the noise levels: �i1/.� aUlt t/-f,4✓N �xFIL.�iZ S � as� .MTa 'TNE' �l�r�rfT�O,�> H�o7 �9s �u� cc fr5 . ��, � � G�l�cc TR� /'7�19�ia�S �a .�sSufZ�" S��•c G� 11. Dates during which the �ariance is reque ted: C� a i SignaCnre of responsible pe'�rson: Return completed App�ication and $150.00 fee to: CITY OF SAINT PAUL � DEPARTMENT OF SAFETY AND INSPECTIONS 8 FOURTH STREET E., �SUITE 200 SAIlVT PAITL, MN 5510�-1024 (651) 266-9090 � � < Y `�'� txS o �,k.�1 7Z�,rir�r.v r .v L „ Date: 7- � Z `� � Office Use Only Date Rec'd. Reviewed Date Public Notice Sent Referred to Council AA-ADA•EEO Bmployer DSi RECEIPT �ate: 09l11l20�7 Received From: JEFFERSON AVENUE INVESTMEIJTS INC dba: TAVERN ON THE AVENUE 825 JEFFERSON AVE ST PAUL MN 55102 Description: Invoice DeWiis 531156 Noise Variance TOTAL AMOUNT PAID: Paid By: Type Checkp f ReceiveCDate ( AmounC Invoice Amount $150.00 CITY OF SAINT PAUL Oepactment of Safety antllnspecGons S FwrN SVeH East, Sune 200 Samt Paul. Mfnnesota 5 5191-0024 (651)2E6-9�9� Faz: (65t)26G9124 wwuv.sfpaul.gov/dsi v�-�a� Amount Paid $150.00 $150.00 Page 1 of 1