10-782Council File # 10-782
Green Sheet # 3115637
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Presented by
RESOLU710N
PAUL, MINNESOTA
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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, §293.09 provides for the granting of variances from the sound level limitations
contained in §293.07, 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 Cherry Pit Bar & Grill, represented by Nicole Cherry, Owner, who has been
designated as the responsible person on the application, has applied for a variance to present amplified
live music in a tent at 735 White Bear Avenue N.; and
WHEREAS, applicant is seeking a variance for the hours of 7:30 p.m. to 12:00 midnight on
August 14, 2010; and
WHEREAS, if applicant is not granted a variance it will not be able to present the amplified live
music at 735 White Bear Avenue N.; and
WHEREAS, the Department of Safety & Inspections has reviewed the application and compazed 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 The Cherry Pit
Bar & Grill, subject to the following conditions:
1) The variance shall be for the hours of 7:30 p.m. to 1130 p.m. on August 14, 201Q at
735 White Bear Avenue N.
2) All electronically powered equipment used in conjunction with the event shali not exceed 90
dBA, measured inside of the tent at the wall opposite the stage or sound mix.
3) The applicant shall provide personnel and equipment for continuous sound level monitoring
between 730 p.m. and 11:30 p.m. on August 14, 2010 to ensure compliance with
Condition #2.
4) All electronically powered equipment, PA systems, loudspeakers or similar devices shall be
turned off no later than 1130 p.m. on the event date.
io-�s2
37 FIJRTHER RESOLVED, that any violations of the conditions set forth ahove on the August 14,
38 2Q 10 date may result in denial of future requests for the grant of a noise variance, in addition to any
39 criminal citation which might issue.
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Bostrom
Carter
Harris
Stazk
Thune
✓
Adopted by Council: Date
Adoption Certified by Council Secretary
BY� � / / !D'/IL/�11i% _Y_Sdf2_
Appr ve ori/ Date � Z7 �J v
By:
Requested by Depamnent of Safety and Inspections
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Approved by the Office of Financial Services
By:
Approved by C a ity A�ttomey
BY �.G.cAuX �(,�/L��
Approved by Mayor for Subnrisso to Council
BY Xicz�.r,,l JCIJtQ.I� z. .G�
V
10- 82
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet
DepartmenVO�celCouncil: � � Uate Initiated: �
Si Dept.ofSafety&inspections 02JU�2010 Green Sheet NO: 3115637
Contac[ Person & Phone: �
Mark Kaisersatt
266-1g08
Assign
Must Be on Council Agenda by (Date): Num6er
21JUL-10 �uBl-!G ���G��/✓�r_ For
- Routing
Doc. Type: RESOLUTION Order
E-Document Required: Y
Document Cantact: Karen Olson
ConWCt Phone: 266-9'143
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_ SentTo Persan _ Initial/Date
_ DeparhnentDirector�
--'� CitvAttornev -.
__:Yla�=/Assistaot _ _
_CiNCou ----
_ Cit�Clerk
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Total # of Signature Pages _(Clip Ali Locations for Signature)
AMion Requested:
Approval of a resolution granting The Cherry Pit Bar & Grill an exemption from the sound level limitations m Chapter 293.07.
Recommendations: Approve (A) or Reject (R):
Planning Commission
CIB Committee
Civii Service Commission
Personal Service Contracts Must Answer the Following Questions:
1. Has this person/frm ever worked under a contrac[ for this department?
Yes No
2. Has this personlfirm ever been a ciry employee?
Yes No
3. Does this person/firm possess a skill not normally possessed by any
Current ciry employee?
Yes No
Explain ail yes answers on separate sheet and attach to green sheet.
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Initiating Problem, issues, Opportunity (Who, What, When, Where, Why):
i'he Cherry Prt Bar & Grill, represented by Nicole Cherry, has requested an exemption from the sound ]evel limitations in Chap[er
293.07 m order to presen[ amplified live music, with limitations, from 7:30 p.m. to 12:00 midnight on August.l4, 2010 in a tent at 735
Wh�te Bear Avenue N. The Deparhnent of Safety and Inspections has recommended the hours of 7:30 p.m. to ll:30 p.m Chapter
293 09 provides for the g`anting of variances from the sound level limitations contained in Chapter 203.07.
Advantages If Approved: �
Apphcant may present amp(ified live music.
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DisadvantageslfApproved:
Ncighbors within earsho[ of the noise source will be subjected to amplified live music.
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DisadvanWges If Not Approved: �
Applicant may not present amplified Irve music.
ToWlAmountof �
Transaction:
Funding Source:
Fi nancial I nformation:
(F�cpiain)
CosURevenue Budgeted:
Activity Number:
n'�•� � �
July 2, 2010 9:55 AM Page 1
CTTY OF SAINT PAUL
Christopher 8. Caleman, Mayor
DEPAR'CN�''I' OF SAFEI"Y AND INSPECTIONS 1 O-7S2
eob Kessler, Directo>
375 Jackson Sveet, Suite 220 Telephone: 65I-266-8989
SaintPaul,Minnesata55101-]805 Focs"uni[e: 651-266-9I24
Web: wwwstpauLgov/dsi
Application for Sound Level Variance �UL 0
Ciry of Saint Paul Noise Ordinance
Chapter 293 of the Saint Paul L.egislative Code I
1. Organization or person seeking
2. Mailing Address with Zip Code
3. Responsible person: ,
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4. Title or posirion: �U//LG/'
5.
6. Briefly describe the.noise source and equipment involved: /�/iL/t �'�ll//!�' !�C/,�d
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7. Address or legal description of noise source:
8. Noise source rime of
9. Briefly describe the steps that will
9. �,�0 —
taken to minimize the noise
10. Briefly state reason for seeking variance: ��� % C/�% ��L�'��J
11. Date(s) during which the variance is requested: ��' ��il- 2l// U
Signature of responsible person: � ���
Return completed Application and $164.00 fee to:
CITY OF SAINT PAUL
DEPARTMENT OF SAFETY AND INSPECTIONS
375 JACKSON STREET, SUIfiE 220
5AINT PAUL, MN 55101-1806
(651)266-8989
Date: �� �/��
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NOTE: APPLICATION MUST BE RECEIVED NO FEWER
THAN 30 (THIltTI') DAYS PRIOR TO THE EVENT DATE
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DSI RECEIPT
Date: 07/02/2070
Received From: CHERRY'S MINNEHAHA TAVERN INC dba. TNE CHERRY Pl7
735 WHITE BEAR AVE ST PAUL MN 55106,
Description: 551 �� tL�,
Invoice Detaiis � �
697064 _. � -
Nocse Variance
TOTAL AMOUNT PAID:
Paid By:
Page 1 of 1
lrnoice Amount
$164.00
CITY OF SAINT PAUL 10-782
Depanment ot Satery ana Inspeaions
3]5 Jatltson SUaBt Smte 220
Sair�t Paul, M�mesota 55101-1806
Phme (651) 266&S89 Fez (65'q 26G912d
'�'/.�Paul.gov/dsf
Amount Paid
$164.00
$164.00