DEPARTMENT: Development Services
DEPARTMENT HEAD: Roderick Sanchez
COUNCIL DISTRICTS IMPACTED: Council District 2
SUBJECT:
Alcohol Variance Case AV2016006
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(d)(1), and 4-6(d)(6) of the City Code and authorizing the sale of alcoholic beverages on Lot 8, Block 2, NCB 11901 located at 4530 Walzem Road for on-premise consumption for a proposed restaurant within three-hundred (300) feet of Walzem Elementary School, a public education institution located in the Northeast Independent School District within Council District 2.
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 applicant proposes operating a Restaurant at the subject property. The applicant is in the process of requesting a beer and wine license from TABC for on-premise consumption of alcohol.
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 public school may be granted, provided th...
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