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Home My WebLink About24. 18-489 SEPTEMBER 11, 2018 18-489 RESOLUTION (CARRIED 6-1 LOST LAID OVER WITHDRAWN ) PURPOSE: GRANT NOISE VARIANCE REQUEST / KELLY'S BAR / 219 WISCONSIN STREET FOR AMPLIFIED MUSIC UNTIL MIDNIGHT AT BEER GARDEN/ SEPTEMBER 14 AND 15, 2018 INITATED BY: KELLY'S BAR/DANIEL SCHULTZ, 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 Daniel Schultz, 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 14 and Saturday, September 15, 2018; 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 11, 2018 18-489 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 14 and Saturday, September 15, 2018. TO: Mayor and Members of the Common Council FROM: Lynn A. Lorenson, City Attorney DATE: September 6, 2018 RE: Grant Noise Variance Request / Kelly's Bar / 219 Wisconsin Street for Amplified Music until Midnight at Beer Garden / September 14 and 15, 2018 Background Kelly's Bar, through its owner Danny Schultz, has requested the Council grant a variance from the City's noise ordinance for a beer garden event to occur on Friday, September 14 and Saturday, September 16, 2018 at 219 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. Analysis 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 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us 3 Cite Of Oshkosh 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. Res ctfully Sub tted, Lynn A. Lorens City Attorney Approved: Mark A. Rohloff City Manager City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us TEMPORARY BEER GARDEN REQUEST CITY OF OSHKOSH (request MUST be filed with the City Clerk's Office a minimum of 2 weeks prior to event) LOCATION OF EVENT: (Business Name & Address) Kellys Bar - 219 Wisconsin St EVENT CONTACT PERSON (Name, Address & Phone Number) Danny Schultz - 612 Franklin St. - 920-636-5073 DATE (S) OF THE EVENT: SEP 14-15 TIME (S) OF THE EVENT. 14TH 4 -MIDNIGHT, 15TH 11AM-MIDNIGHT Music request til Midnight - only per waiver Amplified sound or music shall not be permitted after 10:00 p.m. Sunday through Thursday and after 11:00 p.m. on Friday and Saturday evenings. This section shall not be construed to limit the authority of the police department to respond to complaints and take any appropriate action in response thereto. EXPLANATION OF THE EVENT: Welcoming back event we put on for students and local community hosting one band per night. OCCUPANCY OF AREA OR OCCUPANCY CAPACITY 400 PROJECTED ATTENDANCE: 350-500 throughout weekend. HOW & WHERE ID'S WILL BE CHECKED: two entrances with 3 bouncers on each entrance, minimum of two. Bouncers are trained on how to catch fakes and will be paid for each fake ID taken by myself. SECURITY & CROWD CONTROL: 2-3 Security/Bouncers at each entrance along with 3-4 more walking amongst crowd. TYPE OF FENCING /INSTALLED IN A SECURE MANNER: 6 foot chain link fence._ (No fence which defines a temporary beergarden area shall be located closer than five (5) feet away from the adjacent public right-of-way and consumption of alcohol beverages shall be restricted to that area within the confines of the beergarden) x one (1) fence not less than five (5) feet in height two (2) temporary fences not less than 31/2 feet in height and spaced 5 feet apart SITE DIAGRAM INCLUDED — PLEASE SHOW BUILDING, FENCING, ENTRANCES & EXITS — WHERE ALCOHOL BEVERAGES WILL BE DISPENSED AND STAGE LOCATION. City Clerk/Beer Garden/Application RECEIVED E1l 99 2018 CITY Inc ti Joeckel, Angela J. From: Daniel Schultz <d kellysbar@g mail. corn> Sent: Monday, August 27, 2018 4:32 PM To: Joeckel, Angela J. Subject: Letter for Council Kelly's Bar 219 Wisconsin St. Oshkosh, WI 54901 Ms. Pam Ubrig City Clerks Office 215 Church Ave. Oshkosh, WI 54901 Kelly's Bar is asking the permission to have a waiver for our annual back to school Beer Gardens. The waiver would be to have amplified music extended one hour, from 11 pm to midnight on September 14 and September 15. The pattern of students going out later in the evening has made it more necessary to make the bands price reasonable. The band is booked from 8-11 normally, but the extra hour allows them to have a break in the middle, and the ability to interact with the crowd better. Beer Gardens has been an annual event for many years in the beginning and end of the school year. The waiver has traditionally been approved. Mainly due to the reason of Kelly's Bar being located in an area of primarily late night businesses, and college living. Please consider my request. Thank you. Sincerely, Daniel Schultz Owner, Kelly's Bar Phone: 920-636-5073 Email: dkellysbargamail.com