09-140Council File #!1 �( —/'7� C3
Green Sheet # 30658;7
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OF
Presented by
LUTION
!AUL, MINNESOTA ?
WHEREAS, Chapter 293 of the Saint Paul Legislative Code was enacted to regulate the subject of
noise in the City of Saint Paul; and
WHEREAS, §29311 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
WHEREAS, Dr. James Kromhout, who has been designated as the responsible person on the
application, has applied for a variance to present amplified live music during a wedding party at 18
Kenwood Parkway; and
WHEREAS, applicant is seeking a variance for the hours of 7:00 p.m. to 10:30 p.m. on
May 30, 2009; and
WHEREAS, if applicant is not granted a variance he will not be able to present amplified live
music at 18 Kenwood Parkway; 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 Dr. James
Kromhout, subject to the following conditions:
1) The variance shall be for the hours of 7:00 p.m. to 1030 p.m., on May 30, 2009.
2) All electronically powered equipment used in conjunction with the event shall not exceed 85
dBA, as measured at 50 feet from the noise source.
3) The applicant shall provide for continuous sound level monitoring during the hours of the
variance.
4) All electronically powered equipment, PA systems, loudspeakers or similar devices shall be
turned off no (ater than 1030 p.m. on The event date.
o�-/yo
39 FURTHER RESOLVED, that any violations of the conditions set forth above on the May �0, 2009
40 date may result in denial of future requests for the grant of a noise variance, in addition to any criminal
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citation which might issue.
Yeas Na s Absent
Bostrom r/
Carter �
Harris �
Hel�en �
Lantry
Stark �
Thune `
Adopted by Council: Date f���jf GJ
Adoption Certified by Counci Secretary
By.
ApprovecYb or Date Z Z- f�
By: � ��,2�C�1Y���.-/
Requested by Department of Safety and Inspections
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By:
Approve� b or for 8 bmis i to ncil
By: � �
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Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet
DepartmenUOffice/CounciL � Date Initiated:
51 Dept.ofSafety8lnspections 09-JAN-09 Green Sheet NO: 3065837
Contact Person 8 Phone:
Mark Kaisersatt
266-1908
Must Be on Council Agenda by (Date):
04-FEB-09
_ �i.CB[.!C H�/F�?)A/G.
Doc. Type� RESOLUTION
E-Document Required: Y
DocumentCOntact: KarenOlson
Contact Phone: 266-9143
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Total # of Signature Pages _(Clip All Locations For Signature)
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Action Requested:
Approval of a resolution granting Dc James Kromhout an exemption from the sound level limitations in Chapter 293.09, in order to
present amplified live music, with limitations, during a wedding par[y at 18 Kenwood Parkway from 7:00 p.m. unti] 10:30 p.m. on
Viay 3Q 2009.
Recommendations. Approve (A) or Reject (R):
Planning Commission
CIB Committee
Civil Service Commission
Personal Service Contracts Must Answer the Following Questions:
1. Has this persoNfrtn ever worked under a contract for this department?
Yes No
2. Has this personlfirm ever been a city empioyee�
Yes No
3. Does this person/frm possess a skili not normally possessed by any
current city employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet.
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Chapter 293.11 provides for the granting of variances from the sound level ]imitations contained in Chapter 203.09.
Advantages If Approved:
AppLcant may present amptified music.
DisadvantageslfApproved: ^ �
Ne�ghbors w�thm earshot of the noise source will be subjected to amplified music.
Disadvantages If Not Approved:
Appl�cant may not present amplified music.
Total Amount of
Transac[ion:
Funding Source:
Fi nancial I nformati on:
(Explain)
January 9, 2009 9:14 AM
CostlRevenue Budgeted:
Cin Attomev
Mavar's Office Mayor/Assistant
Councit _ ____ _ _ _
CitV Clerk _ Cit�lerk _ _ _ _. _
Activity Number:
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CITY OF SAINT PAUL
Chrismpher B. Co[emart, M¢var
375 Jackson Street, Suite ?20
Saiat Pnul, ,Ninaesom 55/0/-1806
Application for Sound Level Variance
City of Saint Paul Noise Ordinance
Chapter 293 of the Saint Paul Legislative Code
1. Organizarion or person seeking
2. Address: � g {�� ]1i L�?'U';
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3. Responsible person: Dt� �� Y1,� 5' {� `�C3 't'tl; \�-!� e.L- �
4. Title or position: `'�'.�.`{�� e��'f-?
5. Telephone: (� t'a"L 1� � 4 1�'�3
6. Briefly describe the noise source and equipment imolved:_ _ oC� r� Y =?�(�! - a ��G �i; �
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7elephone' 65Id669090
Facsimi(e: 65l-266-9124
Web: wwwstpnu[gov/dsi
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7. Address or legal descriprion ofnoise source: (� ��N�130C� t3 �� LU y
8. Noise source time of operation: 7 Y� � 1 "�"� i( �� u m`
9. Briefly describe the steps that will be taken to minimize the noise le
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10. Briefly state reason for seeking
DEPARTMENT OF SAFETY AND I`iSPECTIONS
Bab Kessfnr, Director
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11. Dates during which the variance is
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Signature of responsible person: ��f'"� Q p �`�'�'�'' �� Date: �� f3! f C?�
Return completed Application and �150.00 fee to:
CITY OF SAINT PAUL
DEPARTMENT OF SAFETY AND INSPECTIONS
375 JACKSON STREET, SUITE 220
SAIIVT PAIJL, MN 55101-1806
(651) 266-9090
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DSI RECEIPT
Date: Ot/06/2009
Received From: DR JAMES KROMHOUT
18 KENWOOD PKWY ST PAUL MN 55105
Description:
Invoice �etails
636641
Noise Variance
TOTAL AMOUNT PAID:
Paid By:
Type I Check # I Received Date I Amount
Invoice Amount
$ I50.00
u9-iy0
CITY OF SAINT PAUL
Oepariment of Safety antl InspeClons
375 JacYSOn Sveet Swte 220
Saint Paul, Minnesota 551014806
Phone (�t ) 266-9090 Faz (651) 26C 9124
wwx stpaul gov/CS�
Amount Paid
5150.00
$150.00
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