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HomeMy WebLinkAbout14. 13-174 APRIL 9, 2013 13-174 RESOLUTION (CARRIED __6-0____ LOST _______ LAID OVER _______ WITHDRAWN_____) PURPOSE: GRANT NOISE VARIANCE TO INTEGRITY GRADING AND EXCAVATING, INC. TO ALLOW CONSTRUCTION ACTIVITIES TO BEGIN AT 6:00 A.M. / PUBLIC WORKS FIELD OPERATIONS FACILITY INITATED BY: INTEGRITY GRADING AND EXCAVATING, 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, a request for a variance has been filed by Integrity Grading and Excavating, Inc. to allow construction work to begin at 6:00 a.m. for the Public Works Field Operations Facility located at 639 Witzel Avenue to allow them to make optimal use of the day by loading trucks and transporting materials to the landfill site for delivery when the landfill site opens at 7:00 a.m. for an approximately two week period beginning in May 2013. APRIL 9, 2013 13-174 RESOLUTION CONT'D 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 Integrity Grading and Excavating, Inc. to allow construction work to begin at 6:00 a.m. during the month of May 2013. 605 Grossman Drive • Schofield,WI 54476 • TEL 715.359.4042 • FAx 715.359.4142 • www.integrityge.corn INTEGRITY GRADING 8c EXCAVATING April 4, 2013 City of Oshkosh 215 Church Avenue Oshkosh, WI 54903-1130 Dear Mr. Rohloff: Integrity Grading and Excavating, Inc. was the apparent low bidder on the Impacted Soil Excavation project that was bid on 4/2/2013. We would like to request approval of the variance to the time that we can start construction operations. We are requesting to start at 6:00am in order for the trucks to be at the landfill when it opens at 7:00am to allow for optimum production for the City of Oshkosh. IGE anticipates starting in May and it should take us approximately two weeks. We look forward to working with you on this project. Thank you for your time and consideration. Respectfully, Daniel Weinkauf Project Manager Integrity Grading and Excavating, Inc. Site Development • Roadways • Environmental Clean-up • Excavation • Snow Removal AN EQUAL ,art► ' z - -- OPPORTUNITY