HomeMy WebLinkAbout027866 RES - 09/23/2008A RESOLUTION
GRANTING A VARIANCE, UNDER SECTION 4-5(F) OF THE
CODE OF ORDINANCES, TO DOLORES GONZALEZ, DBA EL
TAPATIO MEXICAN RESTAURANT, TO OPERATE AN ON -
PREMISE ALCOHOLIC BEVERAGE ESTABLISHMENT
LOCATED AT 13941 NORTHWEST BOULEVARD.
WHEREAS, Dolores Gonzalez, dba El Tapatio Mexican Restaurant ("El Tapatio"),
desires to operate a restaurant on property located at 13941 Nothwest Boulevard, which
is situated within the City of Corpus Christi ("City");
WHEREAS, El Tapatio desires to allow on -premise sales and consumption of alcoholic
beverages at the location;
WHEREAS, the location of El Tapatio's proposed business is within 300 feet of a public
high school;
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 public school;
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, El Tapatio has formally applied to the City for a variance under Section 4-
5(0;
WHEREAS, El Tapatio believes and states that enforcement of the regulation, in this
particular instance, is not in the best interest of the public;
WHEREAS, El Tapatio believes and states that enforcement of the regulation, in this
particular instance, constitutes waste or inefficient use of the land or other resources;
and
WHEREAS, El Tapatio requests that the Council grant the variance.
027866
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 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.
ATTEST:
Armando Chapa
City Secretary
CITY • CORPUS CHRISTI
enry Garr
Mayor
APPROVED AS TO FORM: September 18, 2008
R. :y R= ning
First A- istant C Attorney
for the City Att• rney
Corpus Christi, Texas
,4g day of , 2008
The above resolution was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummel)
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
027866
State of Texas
County of Nueces
PUBLISHER'S AFFIDAVIT
als4-38
} CITY OF CORPUS CHRISTI
} Ad # 5874701
PO #
Before me, the undersigned, a Notary Public, this day personally came
JENNIFER HOBBS, who being first duly sworn, according to law, says that she
is LEGAL SALES REPRESENATIVE AND EMPLOYEE OF THE PUBLISHER,
namely, the Corpus Christi. CaUer-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 PUB LIC th which the
annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the
9/13/2008,9/13/2008.
$ 103.48
1Time(s)
On this OA day of
is a true and an exact
LEG
01
kk;
OWENNJ,MEDNA
MY COMMISSION EXPIRES
Auguet2,2012
yES
PRESENTIVE
2 6.0 I certify that the attached document
o � made by publisher
rotary Public, State of Texas
September
NOTICE ISHEREBYF
GIVEN TO THE PUB-
LIC that a public
hearing on the request
to consider the vari-
ance to operate an on -
premises alcoholic
beverage- establish-
ment located_ at 13941
Northwest Boulevard
will be held by the City
Council In the Council
Chambers_ of City Hall, �
1201 Leopard, in the
City of Corpus Christi,
Texas on September
23, 2008 during the
regular Council meet-
ing which commences
at 10:00. a.m. At that
time and place any
person, party or agent
may appear and be
heardby the. said City
Council. -
/s/ Armando Chapa
City Secretary
City of Corpus Christi