HomeMy WebLinkAbout25. 16-206APRIL 26, 2016 16-206 RESOLUTION
(CARRIED___7-0____LOST________LAID OVER________WITHDRAWN________)
PURPOSE: APPROVE SPECIAL EVENT / EXPANSION THEORY
PRODUCTIONS LLC / UTILIZE OPERA HOUSE SQUARE AND
PEABODY’S ALE HOUSE PARKING LOT FOR THEIR OSHKOSH
MAIN STREET MUSIC FESTIVAL / JULY 27, 29 & 30, 2016
INITIATED BY: CITY ADMINISTRATION
WHEREAS, the City of Oshkosh has received a special event application from
Expansion Theory Productions LLC to use Peabody’s Ale House and Opera House Square
for their Oshkosh Main Street Music Festival on July 27, 29 & 30, 2016, and;
WHEREAS, Expansion Theory Productions LLC, through their application, has
requested amplified music at the Oshkosh Main Street Music Festival event to be extended
to 11:00 p.m. on Friday, July 29, 2016 and 12:00 a.m. on Saturday, July 30, 2016; and
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 noise 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 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
genera;
(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
APRIL 26, 2016 16-206 RESOLUTION
CONT’D
with all applicable ordinances, regulations and statutes; and 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 Expansion Theory Productions LLC (Benjamin
Vosters) to utilize Opera House Square on Wednesday, July 27, 2016 from 7:00 p.m. to
9:00 p.m. and Peabody’s Ale House parking lot on Friday, July 29, 2016 from 9:00 a.m. –
11:00 p.m. and Saturday, July 30, 2016 from 9:00 a.m. to 12:00 a.m., for their Oshkosh
Main Street Music Festival event 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
granted to allow amplified music until 11:00 p.m. (Friday) and 12:00 a.m.
(Saturday). The Common Council has considered the criteria pertaining to the
granting of a variance 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
none
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Advertis[ng VIlill Cnnsist of:
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❑ Temporary directionaf ! other signage during the event (no more than 24 hrs in advance}