City of San Antonio - File #: 15-5008

• File #: 15-5008
• Type: Zoning Case
• In control: City Council A Session
• On agenda: 10/1/2015
• Posting Language: Alcohol Variance # AV2015008 (Council District 10): 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 with conditions at up to six establishments on Lots 10-12, 24-27, NCB 17725 generally located at Jones Maltsberger and North Loop 1604 East for on and/or off-premise consumption for no more than six establishments total, including no more than two Grocery Stores or Convenience Stores, no more than one Wine Boutique, and no more than three restaurants within three-hundred feet of Great Hearts Academy Charter School, a public education institution located in the Northeast Independent School District.

DEPARTMENT: Development Services

DEPARTMENT HEAD: Roderick Sanchez

COUNCIL DISTRICTS IMPACTED: 10

SUBJECT:
Alcohol Variance Case AV2015008

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 with conditions at up to 6 establishments on Lots 10-12, 24-27, NCB 17725, generally located in the 17000 block of Jones Maltsberger and North Loop 1604 East for on-premise and/or off-premise consumption for no more than six (6) total business establishments, including no more than two (2) Grocery Store or Convenience Stores, no more than one (1) Wine Boutique, and no more than three (3) restaurants within three-hundred (300) feet of Great Hearts Academy Charter School, 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, th...