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HomeMy WebLinkAbout026982 RES - 09/12/2006A RESOLUTION GRANTING A VARIANCE, UNDER SECTION 4 -5(F) OF THE CODE OF ORDINANCES, TO RF1, INC., DBA SPORTS CHILL & GRILL, TO OPERATE AN ON- PREMISE ALCOHOLIC BEVERAGE ESTABLISHMENT LOCATED AT 1402 RODD FIELD ROAD. WHEREAS, RF1 Inc , doing business as Sports Chill & Grill ( "Sports Grill "), desires to continue operation of a bar on property located at 1402 Rodd Field Road, which is situated within the City of Corpus Christi ( "City "); WHEREAS, Sports Grill desires to allow on- premise sales and consumption of alcoholic beverages at the location; WHEREAS, the locatior of Sports Grill's proposed business is within 300 feet of a daycare center; WHEREAS, as allowed under Section 109.33(a)(1) of the Texas Alcohol and Beverage Code ( "TAB Code "), the City enacted Section 4 -5(a) of the City's Code of Ordinances ( "Code') to prohibit any person from maintaining a business for the dispensing and sale for on- premises consumption of alcoholic beverages within the corporate limits of the City within 300 feet of any daycare center; WHEREAS, Section 109.33(e) of the TAB Code and Section 4 -5(f) of the Code allow the City Council ("Council"), upon application of a business regulated under Section 4 -5 of the Code, to grant a variance to the alcohol regulations contained within the section if the Council determines that 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 re- sources, 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, and, after consideration of the health safety, and welfare of the public and the equities of the situation. determines it is in the best interest of the community; WHEREAS, Sports Grill through Leer Properties, Inc., acting as its agent, has formally applied to the City for a variance under Section 4 -5(f); WHEREAS, Sports Grill believes and states that enforcement of the regulation, in this particular instance, constitutes waste or inefficient use of the land because Sports Grill would not be able to open their business; WHEREAS, Sports Grill believes and states that enforcement of the regulation, in this particular instance, creates an undue hardship on the applicant for a license or permit; WHEREAS, Sports Grill believes and states that enforcement of the regulation, in this particular instance is not effective or necessary; and WHEREAS, Sports Grill requests that the Council grant the variance. '. ; 1S2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Council has determined that enforcement of Section 4 -5(a) of the Code of Ordinances, in this particular instance, constitutes waste and inefficient use of the land and other resources and, after consideration of the health, safety, and welfare of the public and the equities of the situation, grants the variance in the best interest of the community. SECTION 2. The City Council has determined that enforcement of Section 4 -5(a) of the Code of Ordinances, in this particular instance, creates an undue hardship on the appli- cants for a license or permit and, after consideration of the health, safety, and welfare of the public. grants the variance in the best interest of the community. SECTION 3. The City Council has determined that enforcement of Section 4 -5(a) of the Code of Ordinances in this particular instance, is not effective or necessary and, after consideration of the health, safety, and welfare of the public, grants the variance in the best interest of the community ATTEST: Armando Chapa City Secretary APPROVED AS TO FORM: Eab" R. Hundley Assis Irt City Attorney for the City Attorney CITY OF CORPUS CHRISTI He ry Garret Mayor 2006 Corpus Christi, Texas day of 2006 The above resolution was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison John E Marez Jesse Noyola Mark Scott EHres183 doc 1 State of Texas County of Nueces PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI ss: Ad # 5563100 PO # Before me, the undersigned, a Notary Public, this day personally came Sandra Orum, who being first duly sworn, according to law, says that she is Legal Sales Representative of the Corpus Christi Caller - Times, a daily newspaper published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria and Webb Counties, and that the publication of, NOTICE IS HEREBY GIVEN TO THE which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times and on the World Wide Web on the Caller -Times Interactive on the 2ND day(s) of SEPTEMBER, 2006. $109.30 C&Orted-t,ct., Legal Sales Representative TWO (2 ) Time(s) Subscribed and sworn to me on the date of '% >14), Notary Public, Nueces County, Texas Michelle Cabrera Print or Type Name of Notary Public My commission expires on March 19, 2008. ''+4;. M CI?ELLE JOYCF. CABRERA r-rIt 5u)ri (:xFItiES 4 !ni►ch 19 2008 •$ Pte212•CAtLER -TIMES NOTICE IS HEREBY* GIVEN TO THE! PUBLIC that a public heating on the request an alcoholic b er v e r i g e RI bY the of If, 1201 Likidard, In the Oty of Ohnell. Texas aptefter 12, thit trieeling eernmettelie -at *at a and place ©yR!�reon, , party and