08-218Presented By�
Referr�d To
AMENDED 3/5l2008
RESOLUTION
„ CJTY OF SAINT � L, MIN ES(
� r
Committe •�. Date
Council File # UO'��
Resolution #
Green Sheet # _%GSC.11 �,�
�1'�
ls7
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
�
6
7
WHEREAS, §293.11 provides for the granting of variances from the sound level limitations
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
8 WHEREAS, Gabe's by the Park, represented by Matt Long, Owner, who has been desigiated as
9 the responsible person on the application, has applied for a variance to present live music at Gabe's by
10 the Park; and
11
12 WHEREAS, applicant is seeking a variance for the hours of 7:00 p.m. to 1:00 a.m. on March 14,
13 2008, from 4:00 p.m. to 1:00 a.m. on March 15, 2008, and from 7:00 p.m. to 12:00 midnight on March
14 17, 2008; and
15
16 WHEREAS, if applicant is not granted a variance it will not be able to present live music at
17 Gabe's by the Park, at 991 Lexington Parkway North; and
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
WHEREAS, the Department 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 Gabe's by the
Park, subject to the following conditions:
1:00 a.m.
1) The variance shall be for the hours of 7:00 p.m. to�2-69 on Mazch 14, 2008, from
4:00 p.m. to ���midxu�ght on March 15, 2008, and from 7:00 p.m. to 12:00 midnight on
March 17, 2008. 1• 0 a.m.
2) All electronically powered equipment used in conjunction with the event shall not exceed 95
dBA, as measured from the interiar of the tent opposite the stage.
3) The applicant shall provide personnel and equipment that shall provide continuous sound level
monitoring between the hours of 7:00 p.m. to ��;(��i�t on March 14, 2008, from
a .m.
4:00 p.m. to }��r�id��krt on March 15, 2008, and from 7:00 p.m. to 12:00 midnight on
I•00 a.m.
March 17, 2008 to ensure compliance with Condition Number 2.
4) All electronically powered equipment, PA systems, loudspeakers or similar devices shall be
turned off no later than ��-0E���lxig�t-o�#�a�ok-�4,-}�;, ��}��,-�ggg.
1:00 a.m. on March 14 & 15, 2008 and P2:00 midnight on
March 17, 2008.
6s- a� �
,�
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 March 14,
Mazch 15, and Mazch 17, 2008 dates may result in denial of future requests for the grant of a noise
variance, in addition to any cruninal citation which might issue.
AdoptedbyCouncii: Date 3 ����adl 6 �
Adoption Certified by Council Secretary
BY� �//,fil/�?`�/iiTISP�L
Approved b a or: Date - f �� 0�
By: ���
Requested by Department of:
Safety and Inspections
By: 1,���U I ►�c�7�
Bob Kessler, Director
Form Approved by City Attorney
BY�O"^'kX � �Lt.l�.�✓I 2 D$
Rachel Tierney
Approved yor, for Submission to Council
By: �"
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
d�-a��
__r_._.._..__...w__�..�... _�K......�w_. ,
' SI — DeptofSafety&Inspeceons I 75-FEB-08 ! Green Sheet NO• 3050012
i _ _
Contact Person 8 Phone:
Mark Kaisersatt �
266-9147
Must Be on C_oupcil Agen
OS-MAR-08 KCCK
Doc.Type: RESOLUTION
E-Document Required: N
Document Contact•
Contact Phone:
�/
Assign
Number
For
Routing
Order
0 iD�e t of SafeN & Iaso�tions � !
1 eot of SafeN & Inspections I Department Director �
2 7v Attornev I
3 '�lavor's Office i Mavor/ASSistant !
4 onncil I 'i
5 'tv Clerk I CtiN Clerk �
ToWI # of Signature Pages _(Clip All Locatfons for Signature)
, Approval of a resolurion granting Gabe's by the Park, represented by Matt Long, Owner, an exemption from the sound level
'� limitations in Chapter 293.09, in order to present live music, with limitarions, from 7:00 p.m. to 12:00 midnight on March 14, 2008,
from 4:00 p.m. to 12:00 midnight on Mazch 15, 2008, and from 7:00 p.m. to 12:00 midnight on Mazch 17, 2008.
Planning Commission
CIB Commiriee
Crvil Service Commission
1. Has this person/firm ever worked under a contract for this department?
Yes No
2. Has this person/frm ever been a city employee?
Yes No
3. Does this person/frm possess a skill not normally possessed by any
current ciry employee?
Yes No
F�cplain all yes answers on separete sheet and attach to green sheet
� Initiating Probiem, Issues, OppoAunity (Who, What, When, Where, Why):
', Chapter 29311 pxovides for the granting of variances from the sound level limitations contained in Chapter 203.09.
Advan W ges If Approved:
Applicant may present live music.
Disadvantages If Approved:
Neighbors within earshot of the noise source will be subjected to music.
�I DisadvanWges If NotApproved:
��, Applicant may not present live music.
Transaction:
Funding Source:
Financiallnformation:
i, (Explain)
CostlRevenue Budgeted:
Activity Number:
February 20, 2008 1:52 PM
Page 1
JAN-14-2008 14:23 From:CTIY OF ST PAUL-DSI 6512669124 To:6462272
6�- 2/S
UEYARTMEMOF SAI•I.IV ANOINSPECTiONS
Bn8 Keccler, nlntlui �
Cl'fY OF
('Anslo`fmr 8.
1. Organization or per:
?. Addres,:��l
�. ResPonsibleperson.
4. t it(c or position:_
5_ Tttephane: G 1
G. 13rictly describc tt�c
P.4�4
� Pt��. COkfMl:RCB RL:7L0/��'G
.iim!or �v r�Lni, si�err �. s�a,e znn
SaFntVouL A{rnncsoia5J10!-ft)1d
Appticakion f'or Sound Lcve! Variancc
CiTy of Sai»t Pau1 Noisc Ordinance
Chapcer 293 oF the Saint Paul l,egislativc Code
sccking vari
0
\�
��
��
����
�
souree and eyuipment involvec]: (��l�a�- ��G.�cT" ��,�}dK_ ✓�-
7. .ndciress or legat
8. i�oisc sourcc timc o
9. Rriefly describe the
of noise source: _� 1�,_
will bc taken to minimize
10. Rrielly slate
1 i. C3ates during
�i�nature of
T2cturn completcd
C[TY OFSAIIY'I':I'
[)EPARTMENT Ol
8 FUUI;TH ST(tEE
SAIIY'!' YAUT.,, MN
(6�l}266-909d
sccking
variancc is
person:
noise
,���.� _N .� Si_�.�
- (G:w' �
7eltphunr: 6�l-266-9U90
Facsrmile: 63I -?bfiV J'J
IPeG_ +s�i+rs(yued.�,rov/ds�
!� �� � (i
� �. - r �
r�
and $ I50.00 fe e to:
AFETY AND INSP�:CTIONS
r., sUt���: 2ou
iD1-102Q
DBte Rec'd.
RevieGVed _ „
llate Yublic Noticc Sent
Rcferzcd to Counci!
":�i N:t -
: _ t4'
11
Of�cc IJsc Only
AA-ADA-F.F.0 Fmpioyct
CO_-��
.� �. �
Djsnucr 10 CoMO Co�nmrrr Cooxcv.
February 5, 2008
District 10, Como Community Council
1224 N. I.exington Parkway
St. Paul, MN 55103
Department of Safery and Inspections
350 St Peter Sireet
St. Paul, MN 55102
, , ,
. . .�
Dear Ms. Rozak,
OnFebruary 4, the Land Use Committee of the District 10 Community Council
voted to approve Mr. Matt Long's application for a liquor license extension and noise
variance for Gabe's by the Park, 990 N. Lexington. The extension and variance are
requested for Gabe's annuai St. Patrick's Day tent parties to be held in March of this
year.
Mr. Long has contacted the district councii and made a commitment to work with
us and the neighborhood to ensure adequate neighborhood security and cleanliness.
Gabe's has been a contributing part of tne commun;i� for quite a few years, the Board
encourages DSI grant Mr. Long's request.
Sincerely,
� � ��
/
Sue McCall, CommuniYy Organizer
1224 Lemvc�mx P�. N. • Snurr Pnuc., MN 55103 • PxoNE: (6S1) 644-3889 • F.ix: (G51) 646—G645
E-nc,vu DisuictlO�ComoPuk,org • WES SrrE: Lttp:/lwww.ComoPazk.org
DSI RECEIPT
Date: 02/�212008
Received From: LONG ENTERPRISES INC dba: GABE'S 8Y THE PARK
991 LEXINGTON PKWY N ST PAUL MN 55t03
DescHption:
Invoice DeWiis
571955
Noise Variance
TOTAL AMOUNT PAID:
Paid By:
` �� �� f j � , `
.
fi
�l7 �f�,��� : . ,.�
- L �.:
� } ` � �,-.�r ..
. , —uJ
t Td '
�� s 6 ��r". -
Page 1 of 1
Invoice Amount
$150.00
CITY OF SAINT PAUL
Department of Safety
andlnspectlons
B FouM Streel East Swte 20�
Saint Paui, ANnnesota 557�Y1024
(657)266-9D9� F2s (651)266-9t24
www,slpavLgoNtlsi
G����g
Amou�t Paid
$'150.00
$150.00