HomeMy WebLinkAboutResolution - 2017-R0467 - Alcohol Variance - Durango's - 12_07_2017Resolution No. 2017-RO467
Item No. 6.12
December 7, 2017
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council, as the governing board of the City of Lubbock, Texas,
and pursuant to Section 109.33(e) of the Texas Alcoholic Beverage Code, after
consideration of the health, safety, and welfare of the public and the equities of the
situation, finds and determines herein that it is in the best interest of the community to
approve and grant a variance, and hereby grants a variance, from the applicable
provisions of City of Lubbock Ordinance No. 2009-00060 at the following location:
Durango's Restaurant, 411 University Avenue, Lubbock, Texas. This variance shall
remain in effect for so long as: 1) a Mixed Beverage [MB], and 2) a subsequent like use,
if any, are in effect at the above -referenced location.
Passed by the City Council on December 7, 2017
DANIEL M. POPE, MAYOR
ATTEST:
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APPROVED AS TO CONTENT:
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Krishnarao, Interim Director of Planning
APPROVED AS TO FORM:
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D. Pr4itt, Aksistant City Attorney
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Dear Ms. Copeland and City council,
My name is Sabina Astorga, I am a manager at Durango's Restaurant and I would
like to ask for a separation of variance due to Texas Tech University being within
300ft of our New location at 411 University suite 100. We believe it is in the best
interest of Texas Tech students and city of Lubbock that our new location serves
alcoholic beverages. It well be a great place for not only students but also the
surrounding community to unwind from a long hard day that most of us
experience from day to day. A place where you can have a great meal and a great
alcoholic beverage. We are not planning to be a full bar and we will be closing
around 11:00pm on weekends as not to be a nuisance to the public. We will also,
be providing security on those days. We appreciate you for taking the time to
consider our request.
Sincerely,
Sabina Astorga
�Lubliock
06/22/2016
To Whom It May Concern
Texas Tech University
Chancellor Duncan
2500 Broadway
Lubbock, TX 79409
Re: City Council hearings on variance for an on premise alcohol pen -nit within 300
feet of a daycare.
To Whom It May Concern:
On August 8, 2009 the City of Lubbock completed an ordinance that amends the Zoning
Code for particulars related to businesses that obtain a permit from the Texas Alcohol
Beverage Commission (TABC) for the sale of alcohol. As a part of the ordinance, the City
Council adopted a standard that prohibits any business that is three hundred (300) feet or
less from a public school, measured from property lines of each tract, from having a permit
issued by the TABC. When the Council adopted the spacing rule, the "governing body"
(Council) of the City may consider a variance to the 300 foot rule as outlined in the Section
18-11, "Offenses — Misc." in the City of Lubbock Code of Ordinances. The following is to
be discussed December 7, 2017:
• Durango's Restaurant is requesting an on premise alcoholic beverage permit in
conjunction with the proposed location at 411 University Avenue. The proposed
establishment space is within 300 feet of Texas Tech University,
The Lubbock City Council will consider this request as a regular agenda item. This letter
is required for notice and invites a response from Chancellor Duncan from Texas Tech
University regarding the proposal. As such, there is no set time for consideration by the
Council. The item is not a public hearing. If you care for a representative of Chancellor
Duncan from Texas Tech to be available for any questions from Council, that person
should be here at 5:15 p.m. to respond if any questions are asked. Feel free to check with
me early that week to see if I can verify a tighter time frame of the placement of the item
on the agenda.
Sincerely yours,
hPla�ng�eepartment
806-775-2107