HomeMy WebLinkAbout10. 17-99 MARCH 14, 2017 17-99 RESOLUTION
(CARRIED 7-0 LOST LAID OVER WITHDRAWN )
PURPOSE: GRANT NOISE VARIANCE REQUEST FOR THE
CONSTRUCTION OF THE ARENA AND RELATED
IMPROVEMENTS ON THE FORMER BUCKSTAFF PROPERTY
INITATED BY: BAYLAND BUILDINGS, INC.
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 during the hours
from 10:00 p.m. to 6:00 a.m.; and
WHEREAS, Bay Buildings, Inc. has completed notification of neighbors of its
request for a variance from these times; 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
MARCH 14, 2017 17-99 RESOLUTION
CONT'D
(6) any other adverse impacts of granting the variance.
WHEREAS, Bayland Buildings, Inc. has submitted the attached letter requesting
a variance to allow construction work to begin at 6:00 a.m. Monday through Friday
from the date of granting of the variance through its anticipated date of completion of
construction of December 8, 2017.
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 to begin at
6:00 a.m. Monday through Friday from the date of the granting of the variance through
December 8, 2017.
PHONE (920) 498-9300
FAX (920) 498-3033
BUILDINGS, INC. www.baylandbuildings.com
P.O. BOX 13571
GREEN BAY, WI 54307-3571
March 7, 2017
City of Oshkosh
215 Church Avenvue
Oshkosh, WI 54903
Project Title: Fox Valley Pro Basketball Stadium
Re: Noise Ordinance Variance Request
Dear Mr, Gohde,
Bayland Buildings is constructing the Fox Valley Pro -Basketball Stadium in Oshkosh. In an earlier meeting
on February 27, 2017 there was a discussion of getting a noise ordinance variance to help get this
project done on schedule. This project is on a very tight schedule and getting a variance would help us
immensely on getting this turned over to the owner on December 8th 2017. 1 would like to request a
noise variance to start work at 6 AM instead of 7 AM Monday through Friday. Without this variance it
will be difficult for us to finish this project within the time frame. All work during these times will be
contained to site other than trucks hauling in and out. This will ensure safety for all people in the
surrounding areas. If given this extra hour per day, we will feel much more comfortable with the
timeframe and being able to complete on time. Bayland Buildings hopes that this can be discussed at
the council meeting on March 14tH
Sincerely,
Ethan Thiel,
Project Manager
"Designers and Builders of Oualitv Structures"