08-217Council File # �0 � �� /
Resolurion #
Crreen Sheet # 3 ���Q ) �
RESO�UTION
�T PAUL, MINNESOTA ��
Presented
Referred To
Committee: Date
1 WHEREAS, Chapter 293 of the Saint Paul Legislative Code was enacted to regulate the subject of
2 noise in the City of Saint Paul; and
4 WHEREAS, §29311 provides for the granting of variances from the sound level limitations
5 contained in §293.09, upon a finding by the City Council that full compliance with Chapter 293 would
( constitute an unreasonable hardship on the applicant, other persons or on the community; and
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WHEREAS, The Happy Gnome L.L.C., represented by Nick Miller, Owner, who has been
designated as the responsible person on the application, has applied for a variance to present live music
in a tent in the parking lot at 498 Selby Avenue; and
WI3EREAS, applicant is seeking a variance for the hours of 12:00 noon to 10:00 p.m., on March
15, 2008; and
WHEREAS, if applicant is not granted a variance it will not be able to present live music in the
parking lot at 498 Selby Avenue; and
WHEREAS, the Department of Safety and Inspections has reviewed the application 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 The Happy
Gnome L.L.C., subject to the following conditions:
1) The variance shall be for the hours of 12:00 noon to 10:00 p.m., on Mazch 15, 2008.
2) All electronically powered equipment used in conjuncrion with the event shall not exceed 95
dBA, as measured at the end of the tent opposite the noise source.
3) The applicant shall provide personnel and equipment who shall provide continuous sound
level monitoripg at all stages and each sound mix during the hours of the variance.
4) All electronically powered equipment, PA systems, loudspeakers or similar devices shall be
turned off no later than 10:00 p.m. on the event date.
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FURTHER RESOLVED, that any violations of the condirions set forth above on the Mazch 15,
2008 date may result in denial of future requests for the grant of a noise variance, in addition to any
criminal citation which might issue.
Adopted by Council: Date ��OS �a���
Adoption Ceztified by Council Secretary
I�
Approved
Requested by Department of:
Safety and In ecrions,
B y: ___ �� (�I������!,�t�
Bob Kessler, Director
Form Appxoved by City Attorney
By: i� QvY�,Q�I�t
Rachel�rsea 'j'{eYN e
� Approve y yor, for S mission to Council
ra��lcsoo.
y� � By �
Date a�
:
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
og����
----._ -�--...___.._... ___. ..----
$� - DeptofSafery&Ius�ecrions ,5�� i Green Sheet NO: 3050010
ConWCt Person & Phone:
Mark Kaisersatt
266-9147
Must Be on Council Agend
OS-MAR O , A�/ [.
�—�7�
Doc.Type: RESOLUTION
E-DOCUment Required: N
Document Contact
Comact Phone:
�
�e): Number
� For
Routing
Order
0 L of Safe & Ios 'ovs I
1 ➢i of SateN & Iaso�ona � DeDertmcot Director .
2 tY At[orney �
3 avoPs 06ce Mayor/ASSistsnt i
4 aocii 1 1
5 'N Clerk CiN Clerk
�'��, Total # of Signature Pages _(Clip AII Locations for SignaW re)
Approval of a resolution granang The Happy Gnome, represented by Nick Miller, Owner, an exemption from the sound level !�
! timitations in Chapter 293.09, in order to present live music, with limita6ons, from 12:00 noon to 10:00 p.m. on Mazch 15, 2008, at ,
498 Selby Avenue.
datlons: Approve (A) or K
PIanM� Commission
CIB Committee
Civil Service Commission
1. Has this persoNfirtn ever worked under a contract for this department?
Yes No
2. Has this personlfirm ever been a citY employee?
Yes No
3. Does ihis persoNfirtn possess a skill not normally possessed by any
current city employee?
Yes No
Explain all yes answers on separete sheet and attaeh to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Chapter 29311 provides for the ganting of variances from the sound level limitations contained in Chapter 203.09.
� AdvantageslfApprovetl:
I Applicant may present live music.
I DisadvantageslfApproved:
��� Neighbors within earshot of the noise source will be subjected to music.
� Disadvantages If Not Approved:
� Applicant may not present live music.
Transactfon:
FUnding SOUrce:
Financial Information:
(Explain)
CosflRevenue Budgeted:
February 15, 2008 8:40 AM
Activity Number.
Page 1
DEPARTMENT OFSAFETY ArDINSPECTIONS
Bob Kessler, Director OQ .� ]. j�
v v
CITY OF SAIIVT PAUL
Chnslopher B. Co%man. .11m�or
COMA�fERCE BG/LDIXG
8 Fourth Srree� E.. Sune ?00
Samt PauL .tdmnesa[a JS101-1021
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,
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Application for Sound Level Variance
City of Saint Paul Noise Ordinance � 6
Chapter 243 of the Saint Paul L,egislative Code
nni stpaulgov dyr" \
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200�
1. Organization or person seeking variance: ��� �'f'� _� r�r.�
2. Address:�� � S c..� �O y�}v-�- 5'1' �e�• � C�'1 <s �
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3. Responsible person: / �)�_ � /�'1 � � � 2r
4. 1�it(e orposition: , t�ta,arir
�. "felephone: "3'� o - O
6. I3rieily describe the noise source and equipment involved: �' v a s c.,a �� s �
7. Address or legal description of noise source:
l
8. Noise source time of operation: ����� �'M — 1 a= �L ('/"�
9. Briefly describe the steps that will be taken to minimize the noise levels: � k� � s c.. � �( �+{ A�� '� G
�A i
��— i,., � S i�-E �i R S �
I 0. Briefly state reason for seeking
I I. Dates during which the
Signature of responsible person:
is
Return completed Application and $1�
CITY OF SAINT PAUL
DEPARTMENT OF SAFETY AND INSI
8 FOURTH STREET E., S(JITE 200
SAINT PAUL, MN �5101-1024
(651)266-9090
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Date: 02/06/2008
DSI RECEIPT
Received From: THE HAPPY GNOME LLC dba: THE HAPPY GNOME
498 SELBY AVE ST PAUL MN 55102
Description:
Invoice Details
569655
Noise Variance
TOTAL AMOUNT PAID:
Paid By:
ayment Type Check # Received Date Amount
heck 6210 , 02/O6/2008 $150.00
Invoice Amount
$150.00
CITY OF SAINT PAUL
Departrnent of Safety
andlnspections
8 Fourth Street Fast, SuOe 200
Samt Paui. Mnnesofa 5510bt�24
(651J266-9090 Faz (651)266-9'124
www.stpauLgov/dsi
W��l�
Amount Paid
$150.00
$150.00
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