HomeMy WebLinkAbout17. 19-514 SEPTEMBER 10, 2019 19-514 RESOLUTION
(CARRIED 6-0 LOST LAID OVER WITHDRAWN )
PURPOSE: GRANT NOISE VARIANCE REQUEST / KELLY'S BAR / 219
WISCONSIN STREET FOR AMPLIFIED MUSIC UNTIL
MIDNIGHT AT BEER GARDEN/ SEPTEMBER 13 AND 14, 2019
INITATED BY: KELLY'S BAR/DANIEL SCHULTZ, OWNER
WHEREAS, the City of Oshkosh has adopted a noise ordinance limiting the
amount of noise within the City limits; and
WHEREAS, the regulation of noise is generally more stringent during the hours
from 10:00 p.m. to 7:00 a.m.; and
WHEREAS, the City of Oshkosh Municipal Code permits licensed establishments
to have amplified music in connection with an approved beer garden until 11:00 p.m. on
Friday and Saturday evenings pursuant to section 4-24 of the Code; and
WHEREAS, Kelly's Bar through Daniel Schultz, owner, has requested a variance
from the ordinance to permit amplified music until midnight for a welcome back students
party beer garden event at Kelly's Bar located at 219 Wisconsin Street on Friday,
September 13 and Saturday, September 14, 2019; and
WHEREAS, the Common Council may grant a variance from the requirements of
the City's noise ordinance if the Council determines that circumstances exist that would
make compliance with the noise limitations a hardship to the applicant; and
WHEREAS,Section 17-42 references certain criteria for noise variances which may
assist the Council in making this determination, including:
(1) the hardship to the applicant, the community, and other persons of not
granting the variance;
SEPTEMBER 10, 2019 19-514 RESOLUTION
CONT'D
(2) the adverse impact on health, safety, and welfare of persons owning,
residing, or occupying property in the surrounding area and the public in
general;
(3) the adverse effect on surrounding property;
(4) whether the circumstance, hardship, or situation to be addressed by the
proposed variance is unique, and not applicable generally to other
circumstances;
(5) whether the person or entity seeking the variance is otherwise in
compliance with all applicable ordinances, regulations and statutes; and
(6) any other adverse impacts of granting the variance.
NOW, THEREFORE, BE IT RESOLVED by the Common Council for the City of
Oshkosh has considered all relevant information presented to it together with the criteria
pertaining to the granting of a variance to the City's noise ordinance and hereby grants
such variance to permit amplified music until midnight for a welcome back students
party beer garden event at Kelly's Bar located at 219 Wisconsin Street on Friday,
September 13 and Saturday, September 14, 2019.
City
of
Oshkosh
TO: Mayor and Members of the Common Council
FROM: Lynn A. Lorenson, City Attorney
DATE: September 4, 2019
RE: Grant Noise Variance Request / Kelly's Bar / 219 Wisconsin Street for Amplified
Music until Midnight at Beer Garden/September 13 and 14, 2019
Background
Kelly's Bar, through its owner Danny Schultz, has requested the Council grant a variance from
the City's noise ordinance for a beer garden event to occur on Friday, September 13 and
Saturday, September 14, 2019 at 219 Wisconsin Street for a welcome back event for University
students.
The City of Oshkosh Municipal Code permits taverns to have beer garden events so long as they
meet certain requirements pertaining to fencing or obtain a waiver of those requirements from
the City. Beer gardens at these establishments are permitted by Section 4-24 of the Municipal
Code to have amplified music until 10 pm on weeknights and 11 pm on Friday or Saturday
nights. In this case, Kelly's Bar has met the requirements for a beer garden and is requesting the
Council grant them a variance to allow them to have amplified music until midnight instead of
11 p.m.
Analysis
The City of Oshkosh has several provisions in the Code which regulate noise. There are two
provisions in Chapter 17 of the Code, one of which is a very general provision for any loud or
unreasonable noise, the second is a comprehensive provision establishing noise levels and hours
for noise and criteria for a variance from those provisions. Separately in Chapter 4 of the Code
is a provision pertaining to amplified music in beer gardens located on licensed premises. This
provision is the most specific to this situation and would govern this request.
City Hall,215 Church Avenue P.O.Box 1130 Oshkosh,WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us
City
of
Oshkosh
Although this provision is the most specific to this particular request, it does not provide any
specific criteria for a waiver so Council may look to the provisions in Chapter 17 for guidance
when considering this request and the resolution has been drafted to include reference to those
provisions. Those considerations include:
(1) the hardship to the applicant, the community, and other persons of not granting
the variance;
(2) the adverse impact on health, safety, and welfare of persons owning, residing, or
occupying property in the surrounding area and the public in general;
(3) the adverse effect on surrounding property;
(4) whether the circumstance, hardship, or situation to be addressed by the proposed
variance is unique, and not applicable generally to other circumstances
(5) whether the person or entity seeking the variance is otherwise in compliance with
all applicable ordinances, regulations and statutes; and
(6) any other adverse impacts of granting the variance.
Res ectfully Submitted, Approved:
a✓
A. Lore o Mark A. Rohloff
City Attorney City Manager
City Hall,215 Church Avenue P.O.Box 1130 Oshkosh,WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us
TEMPORARY BEER GARDEN REQUEST
CITY OF OSHKOSH
(request MUST be filed with the City Clerk's Office a minimum of 2 weeks prior to event)
LOCATION OF EVENT (Business Name &Address)
Kellys Bar- 219 Wisconsin St
EVENT CONTACT PERSON (Name,Address & Phone Number)
Danny Schultz - 612 Franklin St. - 920-636-5073
DATE (S) OF THE EVENT. SEP 13-14
TIME (S) OF THE EVENT 13TH 4-MIDNIGHT, 14TH 11AM-MIDNIGHT
Music request til Midnight - only per waiver
Amplified sound or music shall not be permitted after 10:00 p.m. Sunday through
Thursday and after 11:00 p.m. on Friday and Saturday evenings. This section shall not
be construed to limit the authority of the police department to respond to complaints and
take any appropriate action in response thereto.
EXPLANATION OF THE EVENT. Welcoming back event we put on for students and
local community hosting one band per night.
OCCUPANCY OF AREA OR OCCUPANCY CAPACITY 400
PROJECTED ATTENDANCE: 350-500 throughout weekend.
HOW& WHERE ID'S WILL BE CHECKED: two entrances with three bouncers on each
entrance, minimum of two. Bouncers are trained on how to catch fakes and will be paid
by myself for each fake ID taken.
SECURITY & CROWD CONTROL: 2-3 Security/Bouncers at each entrance along with
3-4 more walking amongst crowd.Along with one bouncer walking around the
perimeter.
TYPE OF FENCING /INSTALLED IN A SECURE MANNER: 6 foot chain link fence._
(No fence which defines a temporary beergarden area shall be located closer than
five (5) feet away from the adjacent public right-of-way and consumption of
alcohol beverages shall be restricted to that area within the confines of the
beergarden)
-X one (1) fence not less than five (5) feet in height
two (2) temporary fences not less than 31/2 feet in height and spaced 5
feet apart
RECEIVED
ALJG 2 0 2019
CITY CLERKS OFFICE
SITE DIAGRAM INCLUDED — PLEASE SHOW BUILDING, FENCING, ENTRANCES
EXITS —WHERE ALCOHOL BEVERAGES WILL BE DISPENSED AND STAGE
LOCATION.
City Clerk/Beer Garden/Application
Kelly's Bar
219 Wisconsin St.
Oshkosh, WI 54901
Ms. Pam Ubrig
City Clerks Office
215 Church Ave.
Oshkosh, WI 54901
Kelly's Bar is asking the permission to have a waiver for our annual back to
school Beer Gardens event. The waiver would be to have amplified music
extended one hour, from 11 pm to midnight on Friday September 13th and
Saturday September 14th. The pattern of students going out later in the evening
has made it more necessary to make the bands price reasonable. The band is
booked from 8-11 normally, but the extra hour allows them to have a break in the
middle, and the ability to interact with the crowd better. But many don't show up
til after 9. Beer Gardens has been an annual event for many years in the
beginning and end of the school year. The waiver has traditionally been
approved. Mainly due to the reason of Kelly's Bar being located in an area of
primarily late night businesses, and college living.
Please consider my request.
Thank you.
Sincerely,
Daniel Schultz
Owner, Kelly's Bar
Phone: 920-636-5073
Email: dkeUaLar@_qm Isom
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