DEPARTMENT: Development Services
DEPARTMENT HEAD: Michael Shannon
COUNCIL DISTRICTS IMPACTED: Council District 1
SUBJECT:
Alcohol Variance Case AV2018008
SUMMARY:
Consideration of a request waiving the application requirements of City Code Section 4-6 and granting a variance authorizing the sale of alcoholic beverages on 1.065 acres out of NCB 782, located at 812 South Alamo Street for on-premise and off-premise consumption within three-hundred (300) feet of the Bonham Elementary School, a public education institution in the San Antonio Independent School District, in Council District 1.
The applicant is seeking variances and waivers to all Sections of Chapter 4, regarding alcohol sales for on and off premise consumption within 300-feet of Bonham Elementary School. The property owner and proposed tenants are not specifically identified, only proposed uses.
BACKGROUND INFORMATION:
The Texas Alcoholic Beverage Code Ann., 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 grant...
Click here for full text