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Home My WebLink About025811 RES - 06/29/2004A RESOLUTION GRANTING A VARIANCE, UNDER SECTION 4-5(F) OF THE CODE OF ORDINANCES, TO MIRRNA ELODIA PIETSCH AND GILBERTO GONZALEZ, JR., TO OPERATE AN ON-PREMISE ALCOHOLIC BEVERAGE ESTABLISHMENT LOCATED AT 5702 SOUTH STAPLES STREET, SUITE #E6. WHEREAS, Mirrna Elodia Pietsch and Gilberto Gonzalez, Jr., in partnership ("Pietsch & Gonzalez"), desire to develop a restaurant on property located at 5702 South Staples Street, Suite #E6, which is situated within the corporate limits of the City of Corpus Christi ("City"); WHEREAS, Pietsch & Gonzalez desire to allow on-premise sales of alcoholic bever- ages at the location; WHEREAS, the location of Pietsch & Gonzalez's proposed business is within 300 feet of a day-care 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-day care 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 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 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, Pietsch & Gonzalez have formally applied to the City for a variance under Section 4-5(0; WHEREAS, there are presently two establishments within close proximity to Pietsch & Gonzalez's proposed location that provide on-premise sales of alcoholic beverages; WHEREAS, Pietsch & Gonzalez believe and state that enforcement of the regulation, in this particular instance, is not in the best interest of the public; WHEREAS, Pietsch & Gonzalez believe and state that enforcement of the regulation, in this particular instance, constitutes waste and inefficient use of the land and other re- sources; WHEREAS, Pietsch & Gonzalez believe and state that enforcement of the regulation, in this particular instance, creates an undue hardship on the applicants for a license or permit; WHEREAS, Pietsch & Gonzalez believe and state that enforcement of the regulation, in this particular instance, does not serve its intended purpose; WHEREAS, Pietsch & Gonzalez believe and state that enforcement of the regulation, in this particular instance, is not effective or necessary; and, WHEREAS, Pietsch & Gonzalez request 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 vari- ance 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 waste and inefficient use of the land and other resources 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, 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 4. The City Council has determined that enforcement of Section 4-5(a) of the Code of Ordinances, in this particular instance, does not serve its intended purpose and, after consideration of the health, safety, and welfare of the public, grants the vari- ance in the best interest of the community. SECTION 5. 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. ATFEST: Arma~~ City Secretary CITY OF CORPUS CHRISTI Samuel L. Neal, Jr. Mayor .~a~b//~,/~R~e ~ ~7~'~ A:sis~t (~;ty Afforney ~ for the Ci~ A~orney ,2O04 Corpus Christi, Texas of 'v--~-~ ,2004 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 Scott H:~LEG-DIR~ehzab~th'~ept FJles~EH Resolutions~EHres143.doc a25511 Fl':thY, g£ [~.p~,~j,I~.CC, PUBLISHER'S AFFIDAVIT State of Texas ~ CI~ OF CORPUS CHRISTI County of Nueces ~, ss: Ad ~ 4925634 PO ~ Before me, the undersigned, a Notary Public, this day personally came Diana Hinoiosa, who being first duly sworn, according to law, says that she is Credit Manager of the Corpus Christ~ Caller-Trines, a daily newspaper published at Corpus Christi in said Ci.ty and State, generally circulated in Aransas, Bee, Brooks, Duval, Jim Hogg, ,Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refug~o, San Patricio, Victoria and Webb Counties, and that the publication of, NOTICE lS 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 Interoctive on the 19TH day(s) of JUNE, 2004. $86.50 TWO (2) Time(s) Credit Manager Subscribed and sworn to me on the date of JUNE 21. 2004. Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. /Corpus Chrtst~ Caller-Times, Saturday, June 19, 2004 NOTICE IS HERE~Y GIVEN TO THE PUBUC b'~ s pubic hear~ on b~e mqu*~ Io consider v~ lo ~ b e v e rag e e~ ~ , _~o~s Chri~