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Home My WebLink AboutResolution - 2012-R0400 - Grant TABC Variance - Capital Pizza Of Texas - 10/25/2012Resolution No. 2012—RO400 October 25, 2012 Item No. 5.13 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: Capital Pizza of Texas, 2705 26th Street, Lubbock, Texas. This variance shall remain in effect for so long as: 1) a Mixed Beverage Permit [MB], and a 2) Mixed Beverage Late Hours Permit [LB]; and 3) a subsequent like use, if any, are in effect at the above - referenced location. Passed by the City Council this 25th ATTEST: P'0-0� ,5:K Rebec Garza, City Secretary day of October , 2012. APPROVED AS TO CONTENT: ja,4, ae�,--Serx— Randy Henson, D' ctor of Planning & Zoning APPROVP AS TO FORM: Chad Weaver, Assistant City Attorney vw/ccdocs/Chad/Resolutions/RES.Variance-Capital Pizza October 15, 2012. Resolution No. 2012—RO400 Akl- lubbock TEXAS Regular City Council Meeting Meeting Date: 03/06/2012 Information 6. 1. Agenda Item Variance Resolution - Planning: Consider a resolution approving and granting a variance from the applicable 300 -foot minimum distance provisions of City of Lubbock Ordinance 2009-00060 at the location of 2701 26th Street for Capital Pizza Restaurant, a business requesting an on premise alcoholic beverage permit. Item Summary Effective August 8, 2009, Ordinance 2009-00060 amends Section 18-11, Alcoholic beverages - Sale near church, school or hospital, in Chapter 18, Offences - Miscellaneous, of the City of Lubbock Code of Ordinances, related to businesses that obtain a permit from the Texas Alcohol Beverage Commission (TABC) for off premises sale of alcohol. As a part of the ordinance, the City Council adopted a standard that prohibits any business that is within 300 feet of any church, public or private school, day care, or public hospital, measured from property lines of each tract, from having a permit issued by the TABC. The City Council may consider a variance to the 300 -foot rule as set forth in the Texas Alcoholic Beverage Code. Capital Pizza Restaurant, located at 2701 26th Street, is across 26th Street and Canton Avenue from the Roscoe Wilson Elementary campus of the Lubbock Independent School District (LISD). The approximate separation from Roscoe Wilson Elementary to the business is 210 feet. The City Council has wide discretion in considering whether to grant a variance. The following may be considered by the City Council (as noted by the State of Texas statute providing for the variance process): - The enforcement of the regulation in a particular instance is not in the best interest of the public. - The regulation constitutes waste or inefficient use of land or other resources. - The regulation creates an undue hardship on the applicant, does not serve its intended purpose or is not effective or necessary. - The variance may be granted for any other reason, after consideration of the health, safety and welfare of the public and the equity of the situation, if the governing body finds it to be in the best interest of the community. Dr. Karen Garza, Superintendent of the Lubbock Independent School District, has been notified by letter of the request by Capital Pizza at 2701 26th Street for a variance. Fiscal Impact StafVBoard Recommending Quincy White, Assistant City Manager Attachments Resolution - Variance - Capital Pizza 405 RESOLUTION BE IT RESOLVED BY THE CITY COCINCIL 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: Capital Pizza of Texas, 2605 Boston Avenue, Lubbock, Texas. This variance shall remain in effect for so long as: 1) a Mixed Beverage Permit `MBI, and a 2) Mixed Beverage Late Hours Permit ILBI; and 3) a subsequent like use, if any, are in effect at the above -referenced location. Passed by the City Council this day of , 2012. TOM MARTIN, MAYOR ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: — Rk4' Randy Henson, D' for of Planning & Zoning APPROVED AS TO FORM: r Chad 'Weaver, Assistant City Attorney vwlccdocs/Chad/Resolutions/RES.Variance-Capital Pizza February 14, 2012 406 AT VVILSON 28117 Permit Requested Schools 300 -Ft Buffer Schools Parcels Streets WILSON ELEMENTRY 2608 261 N N N A 2704 r 4� ti^ ti40— �► N G fi 1l 02/1312012 ^titiNq M C N 0 0 N ,G N N N N N N N N N N AT VVILSON 28117 Permit Requested Schools 300 -Ft Buffer Schools Parcels Streets WILSON ELEMENTRY 2608 261 N N N A 2704 r 4� ti^ ti40— �► N G fi 1l 02/1312012 ^titiNq M C N C N x N ,G N ,D N N N N .x. 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TEXAS February 13, 2012 Dr. Karen Garza Superintendent, Lubbock ISD 1628 19'h Street Lubbock, Texas 79401 Re: City Council hearings on variance for alcohol permits within 300 feet of a school Dear Dr. Garza: 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 school, measured from property lines of each tract, from having a permit issued by the TABC. When the Council adopted the spacing rule, the "goveming body" (Council) of the City may consider a variance to the 300 foot rule as outlined in the Section 18-11, "Offences — Misc." in the City of Lubbock Code of Ordinances. Capital Pizza restaurant at 2701 26`h Street has requested a variance on the March 6`h, 2012 City Council Agenda. The store is approximately 210 feet from Wilson Elementary School. On the March 6'h, 2012 Lubbock City Council will consider this request as a regular agenda item. As such, there is no set time and a representative should be here either at 9am or 9:30 am to respond to any questions the Council may have. Feel free check with me in a week to ten days to see if 1 can verify a tighter time frame. si rely yours, Randy Hen n Planning Director P.O. Box 2000 0 1625 13"' Street ■ Lubbock. TX 79457 ■ 806.775,2000 ■ Citizen Cali Center: 3-1-1 2 www.mylubbock.y409