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HomeMy WebLinkAbout21. 17-461 SEPTEMBER 12, 2017 17-461 RESOLUTION (CARRIED 6-1 LOST LAID OVER WITHDRAWN ) PURPOSE: GRANT NOISE VARIANCE REQUEST / KELLY'S BAR / 215 WISCONSIN STREET FOR AMPLIFIED MUSIC UNTIL MIDNIGHT AT BEER GARDEN/ SEPTEMBER 15 AND 16, 2017 INITATED BY: KELLY'S BAR/ COREY GAY, OWNER 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, the City of Oshkosh Municipal Code permits licensed establishments to have amplified music in connection with an approved beer garden until 11:00 p.m. on Friday and Saturday evenings pursuant to section 4-24 of the Code; and WHEREAS, Kelly's Bar through Corey Gay, owner, has requested a variance from the ordinance to permit amplified music until midnight for a welcome back students party beer garden event at Kelly's Bar located at 219 Wisconsin Street on Friday, September 15 and Saturday, September 16, 2017; and WHEREAS, the Common Council may grant a variance from the requirements of the ordinance if the Council determines that circumstances exist that would make compliance with the noise limitations a hardship to the applicant; and WHEREAS, Section 17- 42 references certain criteria for noise variances which may assist the Council in making this determination, including: (1) the hardship to the applicant, the community, and other persons of not granting the variance; SEPTEMBER 12, 2017 17-461 RESOLUTION CONT'D (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. NOW, THEREFORE, BE IT RESOLVED by the Common Council for the City of Oshkosh has considered all relevant information presented to it together with the criteria pertaining to the granting of a variance to the City's noise ordinance and hereby grants such variance to permit amplified music until midnight for a welcome back students party beer garden event at Kelly's Bar located at 219 Wisconsin Street on Friday, September 15 and Saturday, September 16, 2017. 1, ushkosh TO: Mayor and Members of the Common Council FROM: Lynn A. Lorenson, City Attorney DATE: September 12, 2017 RE: Grant Noise Variance Request / Kelly's Bar / 219 Wisconsin Street for Amplified Music until Midnight at Beer Garden/September 15 and 16, 2017 Background Kelly's Bar, through its owner Corey Gay, has requested the Council grant a variance from the City's noise ordinance for a beer garden event to occur on Friday, September 15 and Saturday, September 16, 2017 at 215 Wisconsin Street for a welcome back event for University students. The City of Oshkosh Municipal Code permits taverns to have beer garden events so long as they meet certain requirements pertaining to fencing or obtain a waiver of those requirements from the City. Beer gardens at these establishments are permitted by Section 4-24 of the Municipal Code to have amplified music until 10 pm on weeknights and 11 pm on Friday or Saturday nights. In this case, Kelly's Bar has met the requirements for a beer garden and is requesting the Council grant them a variance to allow them to have amplified music until midnight instead of 11 P.M. Anal The City of Oshkosh has several provisions in the Code which regulate noise. There are two provisions in Chapter 17 of the Code, one of which is a very general provision for any loud or unreasonable noise, the second is a comprehensive provision establishing noise levels and hours for noise and criteria for a variance from those provisions. Separately in Chapter 4 of the Code is a provision pertaining to amplified music in beer gardens located on licensed premises. This provision is the most specific to this situation and would govern this request. City Hall,215 Church Avenue P.O.Box 1 130 Oshkosh,WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us 1, ushkosh Although this provision is the most specific to this particular request, it does not provide any specific criteria for a waiver so the Council may wish to look to the considerations in Chapter 17 for guidance when considering this request and the resolution has been drafted to include reference to those provisions. Those considerations include: (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. Respectfully Submitted, Approved: Lynn A. Lorenson Mark A. Rohloff City Attorney City Manager City Hall,215 Church Avenue P.O.Box 1 130 Oshkosh,WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us 219 Wisconsin St Oshkosh,Wisconsin 54901 September 6,2017 Ms. Pam Ubrig City Clerk's Office 215 Church Avenue Oshkosh WI 54901 Kelly's Bar is asking for a waiver to be able to have amplified music for its beer garden on September 15th and 16th until midnight. As a result of the pattern of the students going out much later at night it is necessary for the additional hour to make the increasing price of the bands reasonable. If the waiver is denied I would like permission to have amplified music until 11pm. It traditionally has been granted for this event. Please consider my request Thank you Sincerely, Corey Gay Owner, Kelly's Bar Phone: 920-203-4048 w 62 Ir ��7Y' �%F b��tK��►H ((equest K4W 6 o *fth thy: oWt OftO a miriirr um O 2 *"�m prforto event) Lb,dkhbi aF` a 3i Lif�itiiyPs �lC�'rrnie�el Qs 0 eQ TIME (S. )tf TH' E W1. 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