.From
Chris Hartmann
Title
AV140701 - Alcohol Variance - GiftTree (City Council District 1). Consider of a request for a variance to the proximity requirement for the selling of alcoholic beverages (more specifically wine) for off premise consumption within 300 feet of a church, measured along the property lines of the street fronts and from front door to front door, and in direct line across intersections. The property, addressed as 1525 Greenview Drive, is generally located south of Avenue K and west of Greenview. The applicant is Craig Bowen, Gift Services, Inc./GiftTree.com.
Presenter
Chief City Planner Jim Hinderaker
Recommended Action
Approval
Analysis
On May 7, 2014, the Planning and Development Department received an application from Craig Bowen with Gift Services, Inc. (GiftTree) requesting an appeal of the minimum 300 foot separation requirement from a neighboring church in order to sell pre-packaged wine for off-premise consumption at 1525 Greenview Drive. The proposed retail wine store is located less than 300 feet from the New Life Fellowship Church located at 702 Greenview Drive.
Mr. Bowen states in his application letter that he had preliminary conversations with the church pastor and that the church has no objections to the proposed variance. To date, New Life Fellowship has not objected to the issuance of the alcohol permit for the proposed retail wine store.
Section 4.8.6.A of Article 4 of the Unified Development Code (UDC) prohibits the sale of alcoholic beverages within 300 feet of a church property. The measurement of the distance between the place of business where alcoholic beverages are sold and the church property shall be along the property lines of the street fronts and from front door to front door, and in direct line across intersection. Section 4.8.7 of Article 4 of the UDC allows the City Council to hear and decide variance requests to the 300 foot separation requirement. Notice of this hearing was mailed to all property owners within 300 feet of the subject site on September 27, 2013.
Staff has no objection to the distance variance if no objection is received from representatives of the New Life Fellowship Church.