HomeMy WebLinkAbout41. 20-141 MARCH 24, 2020 20-141 RESOLUTION
(CARRIED 7-0 LOST LAID OVER WITHDRAWN )
PURPOSE: GRANT NOISE VARIANCE REQUEST / KELLY'S BAR / 219
WISCONSIN STREET FOR AMPLIFIED MUSIC UNTIL
MIDNIGHT AT BEER GARDEN/MAY 15 AND 16, 2020
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 student graduation
and beer garden event at Kelly's Bar located at 219 Wisconsin Street on Friday, May 15
and Saturday, May 16, 2020; 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;
MARCH 24, 2020 20-141 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 student graduation and beer
garden event at Kelly's Bar located at 219 Wisconsin Street on Friday, May 15, 2020 and
Saturday, May 16, 2020.
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 Beer
Gardens/Graduation event. The waiver would be to have amplified music
extended one hour, from 11 pm to midnight on Friday May 15th and Saturday
May 16th. 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. Majority of the attendees do not arrive
until after 9, so the extra hour allows the band to also start their set later. 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: d eell ysbarpAmail.coni