Case Number:
BOA-21-10300042
Applicant:
Jose Fong
Owner:
Jose Fong
Council District:|1010|Location:
2831 Northwest Loop 410
Legal Description:
Lot 5, NCB 14064
Zoning:
"C-3 AHOD" General Commercial Airport Hazard Overlay District
Case Manager:
Mirko Maravi, Senior Planner
Request
An appeal to the Land Development's decision of Denial for a Nonconforming Use Registration for "Live Entertainment Without Cover Charge 3 or More Days per Week", located at 2831 Northwest Loop 410.
Applicable Code References
Sec. 35-311. - Use Regulations
Table 311-2 - Nonresidential Use Matrix
Sec. 35-702 - Continuing Lawful Use of Property and Structures
(b) Limitations on Nonconforming Uses
(2) Abandonment
Sec. 35-704 - Change of Use Regulations
(a) To a Conforming Use
APPENDIX A - DEFINITIONS AND REULS OF INTERPRETATION
Executive Summary
The subject property is located east of the intersection of IH-10 and NW Loop 410. The subject property received a Certificate of Occupancy (C of O) from the City of San Antonio for a "Lounge w/Alcoholic Beverages" on November 2, 2004. On September 29, 2009, they received a C of O for a "Nightclub w/Live Music & Alcoholic Beverages for Sale". Their C of O was amended on March 5, 2010 to a "Nightclub w/Live Entertainment & Alcoholic Beverages for Sale Cover Charge Less than 3 Days per Week", and on October 17, 2019 a note was added to the use reading "require current health permit and TABC License".
In 2009, the Unified Development Code was amended to update the Permitted Use Table to add Live Entertainment uses and amend Bar and Nightclub definitions in order to create a separate use category and definition for Live Entertainment due to adverse impacts on adjacent or nearby uses. The Code was specifically updated to change the definition of Nightclub to only allow live entertainment as an accessory use. Live Entertainment categories were created to separate those types of uses that charged cover charge 3 or more days per week versus those...
Click here for full text