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HomeMy WebLinkAbout025433 RES - 08/19/2003RESOLUTION GRANTING A VARIANCE, ORDINANCES, TO ASSOCIATION TO ( BEVERAGE ESTABLI STREET. WHEREAS, Corpus Christi Poll multi-million dollar, multi-entert~ Street, which is situated within t and UNDER SECTION 4-5(F), CODE OF CORPUS CHRISTI POLICE OFFICERS' IPERATE AN ON-PREMISES ALCOHOLIC SHMENT LOCATED AT 3122 LEOPARD ;e Officers' Association ("CCPOA") desires to develop a inment venue on property located at 3122 Leopard ~e corporate limits of the City of Corpus Christi ("City"); WHEREAS, CCPOA desires tolallow on-premises sales of alcoholic beverages at the location; and WHEREAS, the location of CCl~OA's proposed business is within 300 feet of a public school; and i [ WHEREAS, as allowed under S~ection 109.33(a)(1 ) of the Texas Alcohol and Beverage ,?,ode ("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 o~ alcoholic beverages within the corporate limits of the City within 300 feet of any public school; and WHEREAS, Section 109.33(e) ef the TAB Code and Section 4-5(f) of the Code allow the City Council ("Council"), upqn application of a business regulated by Section 4-5 of the Code, to grant a variance toithe alcohol regulations contained within the section if the Council determines that enfemement of the regulation in a particular instance is not in the best interest of the public,i constitutes waste or inefficient use of land or other resources, creates an undue hardship on an applicant for a license or permit, does not serve its intended purpose, is net effective or necessary, or for any other reason, and, after consideration of the healthi safety, and welfare of the public and the equities of the situation, determines it is in the best interest of the community; and WHEREAS, CCPOA has formally applied to the City for a variance under Section 4-5(f); and WHEREAS, CCPOA has based its request on the fact that the property has been previously licensed for the sale ef alcoholic beverages, and is next door to other properties that have alcoholic beverage sales; 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, is not in the best interest of the public R30709A1 2 and, after consideration of the health, safety, and welfare of the public, 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, constitutes a waste and inefficient use of land and other resourceS, after consideration of the health, safety, and welfare of the public, grants the variance i~ the best interest of the community. ATTEST~~.~. Armando Chapa City Secretary APPROVED: 14th day of August, 2003. · R. ~Y/~eeining J Acting'City Attorney THE CITY OF CORPUS CHRISTI "S~muel L. N~e~l, Jr."'' ',~ Mayor '/ R30709A1 3 Corpus Christi, Texas lffr~'dayof~~ .20o3 The above resolution was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Rex A. Kinnison Bill Kelly Jessie Noyola Mark Scott R30709A1