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File #: 15-3357   
Type: Zoning Case
In control: City Council A Session
On agenda: 6/18/2015
Posting Language: ALCOHOL VARIANCE #AV2015004 (Council District 3): An Ordinance 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 the South 377.83 feet of Lot 8, Block 7, NCB 9572 generally located at 133 Goliad Road for off-premise consumption within three-hundred (300) feet of St. Margaret Mary's Elementary School, a private education institution located in the San Antonio Independent School District within Council District 3.
Attachments: 1. V2015-004_Location Map, 2. V2015-004A_ Aerial Map
DEPARTMENT: Development Services

DEPARTMENT HEAD: Roderick Sanchez

COUNCIL DISTRICTS IMPACTED: Council District 3

SUBJECT:
Alcohol Variance Case AV2015004

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 the South 377.83 feet of Lot 8, Block 7, NCB 9572, generally located at 133 Goliad Road for off-premise consumption within three-hundred (300) feet of St. Margaret Mary's Elementary School, a private education institution located in the San Antonio Independent School District within Council District 3.

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 sale of alcoholic beverages at a location within three hundred (300) feet of a school may be granted, provided that the City Council makes the following findings:
1) The sale of alcoholic beverages had been permitted within the last two (2) years at the locatio...

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