HomeMy WebLinkAbout29. 21-189WISCONSIN STREET FOR AMPLIFIED MUSIC UNTIL
MIDNIGHT AT BEER GARDEN / MAY 14 & 15, 2021
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 11:00 p.m. to 8:00 a.m. on Friday and Saturday nights; 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 nights 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 Beer
Gardens/Graduation Event at Kelly’s Bar located at 219 Wisconsin Street on Friday, May
14 and Saturday, May 15, 2021; 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, under Section 17- 42 the Council may grant a temporary variance to
the noise ordinance considering all relevant factors including but not limited to:
(1) Any benefit to the applicant, community or any other persons in
relation to the granting of the variance;
(2) any hardship to the applicant, the community, and other persons of
not granting the variance;
APRIL 13, 2021 21-189 RESOLUTION
(CARRIED__7-0____LOST________LAID OVER________WITHDRAWN________)
PURPOSE: GRANT NOISE VARIANCE REQUEST / KELLY’S BAR / 219
APRIL 13, 2021 21-189 RESOLUTION
CONT’D
(3) duration of the requested variance;
(4) the adverse impact on health, safety, and welfare of persons owning,
residing, or occupying property in the surrounding area and the
public in general;
(5) whether the circumstance, hardship, or situation to be addressed by
the proposed variance is unique, and not applicable generally to other
circumstances;
(6) whether the person or entity seeking the variance is otherwise in
compliance with all applicable ordinances, regulations and statutes;
and,
(7) any other adverse impacts of granting the variance.
The Common Council may require the applicant to submit additional
information not contained in the application which may be necessary for
making a determination under this sub-section.
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 Beer Gardens/Graduation
Event at Kelly’s Bar located at 219 Wisconsin Street on Friday, May 14 and Saturday, May
15, 2021.