HomeMy WebLinkAbout26. 16-139MARCH 22, 2016 16-139 RESOLUTION
(CARRIED 7-0 LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE SPECIAL EVENT / MOLLY MCGUIRE'S (THOMAS
TAGGART) 539 CAMPUS PLACE TO HOLD THEIR GRADUATION
BEER GARDEN / MAY 13, 2016
INITIATED BY: CITY ADMINISTRATION
WHEREAS, the City of Oshkosh has received a special event application from
Corey Gay to utilize Molly McGuire's for their Graduation Beer Garden on Friday, May, 13,
2016; and
WHEREAS, Molly McGuire's, through their special event application has requested
that amplified music be extended to 12:00 a.m.; and
WHEREAS, the City of Oshkosh has adopted a noise ordinance limiting the amount
of noise at the a property line; and
WHEREAS, the regulation of noise is generally a more stringent between the hours
of 10:00 p.m. and 7:00 a.m.; and
WHEREAS, excessive noise is specifically prohibited after 10 p.m. within the City of
Oshkosh; and
WHEREAS, the ordinance provides that Common Council may waive the
requirements of the noise ordinance if the Council determines that circumstances exist that
would compliance with the noise limitations an unnecessary hardship to the applicant; and
WHEREAS, in making this determination whether to waive the requirements of the
noise ordinance 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; and
MARCH 22, 2016
16-139 RESOLUTION
CONT'D
(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.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Oshkosh that approval is granted to Thomas Taggart (Molly McGuire's), 539 Campus
Place to hold their Graduation Beer Garden on Friday, May 13, 2016, from 11:00 a.m. to
12:00 a.m., in accordance with the municipal code and the attached application, with the
following exceptions/conditions:
A. An exception to the provisions of 17-42 of the City of Oshkosh
Municipal Code is granted to allow amplified music until 12:00 a.m.
The Common Council has considered the criteria pertaining to the
granting of a variance specified in section 17-42 of the City of
Oshkosh Municipal Code and finds that compliance with the time
limit established by the ordinance would be an unnecessary
hardship on the applicant and that a variance should be granted.
B.
C.
BE IT FURTHER RESOLVED that as a condition of approval, the Event Organizer
shall pay the City's actual costs for extraordinary services.
Cost Estimates for Extraordinary Services
Police Department —
Staffing ($1,022.06 — preliminary estimate)
Street Department --
Barricades / Signs ($385 - preliminary estimate)
APPLlCA TI DN FOR SPEClA L E VEN T PERMI T-
TO BE RETURNED TO Cl iY CLERK `
GENERA� EVENT INF�RMATION
Official Name of Spec�ai Event: � �^
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S#art �ate: � 1 1/� End Date: � 1� 1 J��
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Brieffy describe your e�ent. Be sure ta include the purpose o# t}�e e�ent and a description of
all planned acti�ifies.
EVENT �AT� 5UN MON TUE WED THUR FR� SAT
SETUP TIME .
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START TIME �Z � (��
STOP TiME Z �
TEAR D�WNI �
CLEAN UP
COMPLETED
Location of E�ent:
List s#reefs that may be closed or otherwise affected by your e�ent:
Estimated At�endance (da�ly & total):
Number af Booths: �`
Organization(s) Sponsori�g E�ent:
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(including addresses)
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❑ PEease check this box if your organ�zafiion is tax-exempt and pro�ide �roof of
#ax exempt status with this application.