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HomeMy WebLinkAbout025575 RES - 12/09/2003A RESOLUTION GRANTING A VARIANCE, UNDER SECTION 4-5(F) OF THE CODE OF ORDINANCES, TO GET HAPPY, L.L.C., TO OPERATE AN ON- PREMISES ALCOHOLIC BEVERAGE ESTABLISHMENT LOCATED AT 526 SOUTH STAPLES STREET. WHEREAS, Get Happy, L.L.C., desires to develop an otherwise vacant and abandoned building to establish a business on property located at 526 South Staples Street, which is situated within the corporate limits of the City of Corpus Christi ("City"); WHEREAS, Get Happy, L.L.C., desires to allow on-premises sales and consumption of alcoholic beverages at the location; WHEREAS, the location of Get Happy, L.L.C.'s proposed business is within 300 feet of a church; 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 church; 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 by 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 resources, creates an undue hardship on an applicant for a license or permit1 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, Get Happy, LL.C., has formally applied to the City for a variance under Section 4-5(f); WHEREAS, Get Happy, L.L.C., believes and states that enforcement of the regulation, in this particular instance, is not in the best interest of the public; WHEREAS, Get Happy, L.L.C., believes and states that enforcement of the regulation, in this particular instance, constitutes waste and inefficient use of the land and other resources; and, WHEREAS, Get Happy, L.L.C., requests that the Council grant the variance. 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 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 in the best interest of the community. ATTEST: Armando Chapa City Secretary CITY OF CORPUS CHRISTI Mayor APP OVED AS TO LEGAL FORM: /~--/~/ Elizabeth R. Hundley / ~ Assi~ant City Attorney (' ./ for the City Attorney '~' ,2003 H/LEG-DIR\elizebethlDept Files\EH ResolutJonslEHres 136 wpd Corpus Christi, Texas ~ dayof ~e6o,%b-e_F- .,2003 The above resolution was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garret[ Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scot[ H \LEG-DIRlelizabeth\Dept Files/EH Reso[utions\E Hre$136 wpd