DEPARTMENT: Development Services
DEPARTMENT HEAD: Roderick Sanchez
COUNCIL DISTRICTS IMPACTED: Council District 10
SUBJECT:
Alcohol Variance Case AV2015003
SUMMARY:
Consideration of a request granting a Variance to City Code Section 4-6 and waiving the requirements of Sections 4-6(c)(1), 4-6(c)(2), 4-6(c)(3), 4-6(c)(4), 4-6(d)(1), 4-6(d)(6) and 4-6 (e)(1) of the City Code and authorizing the sale of alcoholic beverages on Lots 21-23, Block 34, NCB 9073 generally located at 1251, 1253, and 1255 Austin Highway for on or off-premise consumption for potential retail shopping center redevelopment of no more than five (5) establishments total, including no more than one (1) Convenience Store, Drug Store, or Grocery Store, no more than one (1) Wine Boutique, with the balance being restaurants within three-hundred (300) feet of Southwest Preparatory School-Northeast Campus, a public education institution located in the Northeast Independent School District within Council District 10.
BACKGROUND INFORMATION:
Title 4, Chapter 109, Subchapter B, ?109.33(e) authorizes municipalities to establish a variance process if it is determined that the enforcement of the regulation in a particular instance is not in the best interest of the public, constitutes waste or inefficient use of land or other resources, creates an undue hardship on an applicant for a license or permit, does not serve its intended purpose, is not effective or necessary, or for any other reason the city council, after consideration of the health, safety, and welfare of the public and the equities of the situation, determines is in the best interest of the community. Pursuant to this enabling legislation, the provisions of Chapter 4, ?4-6(c) of the City Code were established by the City of San Antonio.
The TABC authorizes municipalities to establish variance criteria from the distance requirements and ?4-6(c) of San Antonio's City Code states that with City Council authorization, the ...
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