HomeMy WebLinkAbout027293 RES - 05/29/2007A RESOLUTION
GRANTING A VARIANCE, UNDER SECTION 4-5(F) OF THE
CODE OF ORDINANCES, TO SAXET HALL, INC., TO OPERATE
AN ON -PREMISE ALCOHOLIC BEVERAGE ESTABLISHMENT
LOCATED AT 3926 LEOPARD STREET.
WHtEAS, Saxet Hall, Inc. ("Saxet Hall"), desires to operate a business for special
events on property located at 3926 Leopard Street, which is situated within the City of
Corpus Christi ("City")
WHEREAS, Saxet Hall desires to allow on -premise sales and consumption of alcoholic
beverages at the location;
WHEREAS, the location of Saxet Hall's proposed business is within 300 feet of a public
elementary school:
WHtEAS, 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 public school;
WHIEAS, 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;
WHFEAS, Saxet Hall has formally applied to the City for a variance under Section
4-5(f);
WHE*EAS, Saxet
particlar instance,
WHFEAS, Saxet
particular instance,
WHEEAS, Saxet
particular instance,
WHEREAS, Saxet
particular instance,
Hall believes and states that enforcement of the regulation, in this
is not in the best interest of the public;
Hall believes and states that enforcement of the regulation, in this
constitutes waste or inefficient use of the land or other resources;
Hall believes and states that enforcement of the regulation, in this
creates an undue hardship on the applicant for a license or permit;
Hall believes and states that enforcement of the regulation, in this
does not serve its intended purpose;
r nnn
WHEREAS, Saxet Hall believes and states that enforcement of the regulation, in this
particular instance, is not effective nor necessary: and
WHEREAS, Saxet Hall 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
Codes of Ordinances, in this particular instance, is not in the best interest of the public
andafter 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, 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 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 and the equities of the situation, 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 and the equities
of the situation, grants the variance 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 nor necessary 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.
ATTEST: CI ' F CORPUS CHRISTI
Armando Chapa
City Secretary
AP OVER AS TO F
Henry Garratt
¢ Mayor
le , 2007
Eliz h R. Hundle
Assi nt City Attorney
for the City Attorney
EHres193 doc
Corpus Christi, Texas
day of
, 2007
The move resolution was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr
Mike Hummell
Bill Kelly
Priscilla G. Leal
John E. Marez
Neld$ Martinez
Michael McCutchon
EHresl$3 aoc
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Ute
Ukik
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PUBLISHER'S AFFIDAVIT
State of Texas } CITY OF CORPUS CHRISTI
County of Nueces } Ad # 5742781
PO #
3_0015
13c�
Before me, the undersigned, a Notary Public, this day personally came Diana
Hinojosa, who being first duly sworn, according to law, says that she is
SENIOR COLLECTOR 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 on the Friday, 19TH
2007day(s) of MAY 2007.
$108.39
1,410EVA,IOYQE QABRERA
MYMRah AO,�1R 8
WA
ra to Thdo,scL,
SENIOR COLLECTOR
two (2) Time(s)
Subscribed and sworn to me on the date of
MAY 21, 2007.
Notary Public, Nueces County, Texas
Saturday. MayiAicsi
NOTICE IS HEREBY
GIVEN TO THE
PUBLIC that a public
hearing on the request
to consider the
variance to operate an
on-premisesalcoholic
b e v e r a g e
establishment located
at 3926 Leopard will be
held by the City
Council in the Council
Chambers of City Hall,
1201 Leopard,• in the
City of Corpus Christi,
Texas on May 29,
2007 during the regular
Council meeting which
commences at 10:00
a.m. At that time and
place any person,
party or agent may
appear and be heard
by the said City
Council.
/s/ Armando Chaps
City Secretary
City of Corpus Christi