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HomeMy WebLinkAbout08. 14-380 AUGUST 26, 2014 14-380 RESOLUTION (CARRIED __7-0_____ LOST _______ LAID OVER _____ WITHDRAWN_____) PURPOSE: GRANT NOISE VARIANCE REQUEST TO RELYCO, INC. FOR STORM SEWER INSTALLATION AT THE NATIONAL GUARD ARMORY AREA STORMWATER DETENTION BASIN PROJECT (CONTRACT NO. 14-03) FOR THE WEEK OF SEPTEMBER 8, 2014 INITATED BY: RELYCO, INC. CONTRACTORS 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 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 Relyco, Inc. for a variance to allow construction work between the hours of 10:00 p.m. and 7:00 a.m. during the week of th September 8, 2014. AUGUST 26, 2014 14.380 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 allow construction work between the hours of 10:00 p.m. and 7:00 a.m. during the week of September 8t", 2014. AUG 20 2014 ciT: r:6P CONTRACTOR REQUEST DEPT. OF PUBLIC WORKS W. KOLM OSHKOSH, WISCONSIN t flo INFoalra rIonai REQUEST »O: $ QN THE. BITER PROJECT: Armory DB Contract 14 -03 PROJECT NO: 60331728 CONTRACTOR. Ref co Inc. contractors... Clarification Requested By: Vat Tereshchenko Regarding; Plan Sheet of Spoc. Section. Draw, Rotarence; ■ = Night Work Hour Request Please respond no later than: 812794 Relyco requests permission to work the week of September 8'h, night ltoius 9 pm. To 8 am. The specific area of work is the installation of the new storm sewer related to the Armory Detention hn3in to be on Menard Drive immediately rmrth of the McDonalds restaurant located at 1995 Menard Drive. Observations or the area traffic as ralated to the Me Donald's rvslaLn-ant indicate potential work area traffe conflicts and worker safety issues during normal hours. The area has a high volume of trafffc during the day period. Traffic observations and discussions with Me Donald's management indicate a significant drop la traffic after 9 pm. Traffic does not pick back up mifil 8 am, Completion of the work at night greatly roduced the traffic conflicts and worker safety is increased. We anticipate the work to be completed in 2 to 3 nights during the weelc. Response cc: Prepared Jabslte ArojcUM, :4i > ile ©ate: 114 I recommend approval of this approach as the work will be completed in a dune fame where there is less traffic. Worker safety thus should be increased along with a reductim of the negative impact of Me Donald's reduced site access_ Commercial use dominates the area and the resulting comtructiolx noise and traffic ft om this work should nut negatively impact the area. DMIPM oNs