HomeMy WebLinkAbout12. 22-190MAY 10, 2022 22-190 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 / MAY 13 & 14, 2022
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, 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
13 and Saturday, May 14, 2022; and
WHEREAS, the Common Council may at its discretion grant a temporary variance
from the requirements of the City’s noise ordinance; 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; duration of the requested variance;
(3) duration of the requested variance;
MAY 10, 2022 22-190 RESOLUTION
CONT’D
(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.
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 13 and Saturday, May
14, 2022.