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AI# 11088
Regular City Council Meeting
6.2.
11/01/2022:
Information
Agenda Item
Resolution - Planning (District 1):
Consider a resolution approving and granting a variance from the applicable 300-foot minimum distance provision of the City of Lubbock Ordinance No. 2009-O0060, at 3121 34th Street, for an alcoholic beverage permit for Frost Brewhouse, LLC.
Item Summary
Effective August 8, 2009, Ordinance 2009-O0060 Amended Section 14.01.007 (Section 18-11). Alcoholic beverage-sales near church, school or hospital, in Chapter 14, Offenses-Miscellanous of City of Lubbock Code of Ordinances related to businesses who obtain a permit from the Texas Alcoholic Beverage Commission (TABC) for the sale of alcohol.
As part of the ordinance, the City Council adopted a standard which prohibits any business that is within 300 feet of any school or daycare, measured from property line to property line, from having a permit issued by TABC. The City Council may consider a variance to the 300-foot requirement in the Texas Alcoholic Beverage Code.
The request for a variance is from Frost Brewhouse, LLC located at 3121 34th Street, which is within 300 feet of Mrs. O's at Tech, a daycare, located at 3101 34th Street.
A request for a new permit for on-premise alcohol sales at this location is pending, and requires a separation variance request. The City Council has wide discretion 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):
1) The enforcement of the regulation in a particular instance is not in the best interest of the public;
2) The regulation constitutes waste or inefficient use of land or other resources;
3) The regulation creates an undue hardship on the applicant, does not serve its intended purpose or is not effective or necessary;
4) 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.
Fiscal Impact
None
Staff/Board Recommending
Erik Rejino, Assistant City Manager
Kristen Sager, Director of Planning
Attachments
Resolution Frost Brewhouse
Map- Frost Brewhouse
Packet - 3121 34th Street
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