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Home My WebLink About19. 12-444 SEPTEMBER 11, 2012 12-444 RESOLUTION (CARRIED ______ LOST ______ LAID OVER ______ WITHDRAWN__X____) BY APPLICANT PURPOSE: APPROVE REQUEST FOR WAIVER TO NOISE ORDINANCE FOR EAA FOR AMPLIFIED MUSIC AFTER 10:00 P.M. ON SEPTEMBER 22, 2012 INITATED BY: EAA WHEREAS, the City of Oshkosh has adopted a noise ordinance limiting the amount of noise at a property line; and WHEREAS, the regulation of noise is generally more stringent between the hours of 10:00 p.m. and 7:00 a.m.; and WHEREAS, the ordinance provides that the Common Council may waive the requirements of the ordinance if the Council determines that circumstances exist that would make compliance with the noise limitations an unnecessary hardship to the applicant; and WHEREAS, in making this determination the Council is to consider: (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; (6) and any other adverse impacts of granting the variance. WHEREAS, an application has been filed by EAA for a variance to allow amplified music until 12:00 a.m. (midnight) on Saturday, September 22, 2012. NOW, THEREFORE, BE IT RESOLVED by the Common Council for the City of Oshkosh has considered the criteria pertaining to the granting of a variance to the City’s noise ordinance and hereby grants such variance to allow amplified music at the Nature Center Pavilion on the EAA grounds until 12:00 a.m. (midnight) on Saturday, September 22, 2012. CITY HALL 215 Church Avenue P.O.Box 1130 Oshkosh,Wisconsin City of Oshkosh (*D- O.IHKO.IH TO: Honorable Mayor and Members of the Common Council FROM: Lynn A. Lorenson, City Attorney DATE: September 6, 2012 RE: Request for Variance to the City's Noise Ordinance from EAA for Wedding Reception — September 22, 2012 BACKGROUND EAA has requested a variance from the provisions of the City's noise ordinance for amplified music for a wedding reception to be held at the Nature Center located on the EAA grounds on September 22, 2012. The request is for amplified music from a DJ until midnight. The City's noise ordinance regulates noise at the property lines and is generally more stringent between the hours of 10:00 p.m. and 7:00 a.m. ANALYSIS EAA's request indicates that they will be hosting a wedding reception on Saturday, September 22, 2012 and that the wedding party would like to have amplified music through a DJ service up until midnight. The wedding reception will be located in the Nature Center Pavilion located on the EAA grounds near the Sacred Heart Cemetery and in some proximity to a residential subdivision adjacent to their grounds. Although the music will be located in the Nature Center Pavilion, this structure can be opened and there is concern that the noise may carry if the doors are opened. In addition, because the music is anticipated to extend past 10:00 p.m. EAA has requested a variance to give notice of the planned event and to make certain that they are meeting the requirements of the ordinance if noise would extend beyond the property's limits. The City's noise ordinance was amended when the Health Department was consolidated with Winnebago County. The ordinance was amended to clean up outdated language and to provide a process for requesting variances. Under the ordinance, the Council may grant temporary variances: Review. The Common Council may grant a temporary variance to the requirements set forth in this section, if the Council determines circumstances exist which would make immediate compliance with the noise or vibration limitations, as set forth in this section, result in unnecessary hardship to the applicant. In making the determination, the Council shall consider: (1) the hardship to the applicant, the community, and other persons if 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; (6) and 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 subsection. In reviewing EAA's request it would appear that the only potential for adverse impact would be upon the residential subdivision identified in their map. EAA's request does not indicate whether they have contacted the property owners within the residential subdivision. Therefore, staff has requested EAA to contact the residents in this area to make them aware of the request and that this matter will be on the Council agenda for action at its September 11th meeting. Staff requested EAA to provide information indicating that they have made that contact and whether any concerns were raised with them by the residents. Whatever information is provided to staff in this regard will be provided to the Council when it is received. FISCAL IMPACT There is no anticipated fiscal impact related to this request. Respectfully Submitted, Approved: Lyn A. Lorenso Mark A. Rohloff City Attorney City Manager Page 1 of 1 Ubrig, Pam From: Lesley Vroman [Ivroman @eaa.org] Sent: Wednesday, September 05, 2012 10:57 AM To: Ubrig, Pam Cc: Lorenson, Lynn; Lesley Vroman Subject: EAA-09/22 - Noise Ordinance Modification Attachments: NatureCenterMap_WaukauEntrance.pdf Greetings Pamela, I'm writing in request for the City Council to modify the noise ordinance on 09/22/2012 at the EAA/Nature Center Pavilion. EAA will be hosting a private wedding reception on grounds at the Nature Center Pavilion and the party plans to have their DJ provide service past 10:00pm (through 12:00/Midnight). The DJ service will be located inside the pavilion structure,on EAA's property and grounds. The official address of EAA's Pavilion is 1486 Pelton Parkway. A map is attached of the Nature Center Pavilion & EAA Grounds where the reception will take place. Please pass this on to the council for consideration. Thank you for your time and my contact information is below. Lesley Vroman,FAA#655060 Event Coordinator EAA-The Spirit ofAviation Phone: 920.426.6510 Fax: 920.426.6560 Email:lvroman @eaa.org www.eaa.org See you at EAA AirVenture Oshkosh 2012-July 23-July 29 9/6/2012 C w y O 43 E N O d .. G lU E - co o E C ML y ■- O O aa L"• G _ Z C OC uC O C C 6 •Z---Y o ClLl7 _ 111 WAl1KAD AVE 11I pa 08 d. E o o PRIVATE RESIDENCES .. H 3 t m' 3 .n2 `a ee. „,, _. , 1111 �! 1/4`, ION,— d u O Z Ili 6 y i re J C O~C OC p c+ o y D be= a G. ¢ a n,,, z c �o d-+ ®c=.) o� uzHi CD --w - 0J U ��a �+ L ° 3 f3 m Y o c o 0 ~ r E t� N2 O OCR Z 3: 'O O Itr C J OeC 2 a O w C O .3 O OOC 10 le' --'V O L Q W d of O f et .. '" >. 0 °*44 (sWV t ti aV Q a N= 3 9 = i. T _ H =F o. \ Q :-ft col KNAPP ST * WITTMAN RD t V 1 1SV3 I LS3M-► PA RUNWAY 9 = ,4‘aa O o / cc) i : fl }J - Z pp O ...c) ° N o= _a QO "= o C — O a W 20 ' YE