HomeMy WebLinkAbout29. 12-590
NOVEMBER 27, 2012 12-590 RESOLUTION
(CARRIED __7-0___ LOST ________ LAID OVER ________ WITHDRAWN________)
PURPOSE: GRANT NOISE VARIANCE REQUEST FOR R.G. HUSTON
COMPANY, INC. / CONSTRUCTION OF THE JAMES ROAD AREA
STORMWATER DETENTION BASIN / NOVEMBER 2012 TO
JANUARY 2013 TO ALLOW CONSTRUCTION ACTIVITIES
BETWEEN 10:00 PM AND 7:00 AM
INITATED BY: R. G. HUSTON COMPANY, INC.
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; and
(6) any other adverse impacts of granting the variance.
WHEREAS, an application has been filed by R. G. Huston Company, Inc. for a
variance to allow construction work between the hours of 10 p.m. and 7 a.m. and the
option to work on Saturdays as necessary.
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 construction work between the
hours of 10:00 p.m. and 7:00 a.m. and the option to work on Saturdays as necessary from
November 2012 through January 2013.
OJHKOIH
ON THE WATER
MEMORANDUM
TO: Honorable Mayor and Members of the Common Council
FROM: Steven M. Gohde, Assistant Director of Public Works 5�
DATE: November 22, 2012
RE: Grant Noise Ordinance Variance Request for R. G. Huston Company, Inc. /
Construction of the James Road Area Storm Water Detention Basin /
November 2012—January 2013
BACKGROUND
This resolution is to grant the request of R. G. Huston Company, Inc. for a variance to the Excessive
Noise Ordinance in Chapter 17 of the Municipal Code of the City of Oshkosh. Weather conditions during
this time of year can change rapidly. R. G. Huston Company, Inc. is requesting this variance to allow for
the potential for two ten-hour operational shifts to take advantage of favorable weather conditions that
may arise, which would allow them to complete a significant portion of the project during the early winter
months.
ANALYSIS
The temporary access easement that will be utilized to haul the excavated material from the James Road
Area Detention Basin to the disposition site is approximately 1/4 mile north of STH 91 and about 1,200'
from any residence. The purpose of working the double shift is to prevent the excavated and placed soil
from freezing during cold weather. Frozen ground cannot be used in the construction of the berm
surrounding the detention basin. Frozen soil needs to be removed before the next layer of soil can be
added. Continuous work helps prevent the frost from forming in the soil.
FISCAL IMPACT
There would be no additional cost for labor, as there would be two separate crews of workers. There
would be potential cost savings as the weather gets colder, as placed soils would not have an opportunity
to freeze and then need to be removed. Additionally, the more work completed this year, the earlier the
detention basin can be ready to provide flood control for downstream residents.
RECOMMENDATIONS
I recommend approval of this resolution.
Approved:
Mark A. Rohloff
City Manager
MAR/smg
I.\Engineering112-08 James Road Area Detention Basin\Project_Information\Correspondence\Memo112-08 RG Huston Noise Var Memo_11-22-12.docx