From
Monica Espinoza, Executive Assistant
Title
AV201101 - Alcohol Variance - 311 East Main Street (City Council District 5). A request for an alcohol variance by Jerry Herring, for alcohol sales within 300 feet of Uplift Education, located at 311 East Main St, legally described as Lots 14-17A, Thomas Addition No. 1, City of Grand Prairie, Dallas County, Texas, zoned “CA” Central Area District.
Presenter
Savannah Ware AICP, Chief City Planner
Recommended Action
Approve
Analysis
SUMMARY:
Consideration of a request granting a variance to authorize the sale of alcoholic beverages at 311 East Main St, legally described as Lots 14-17A, Thomas Addition No. 1, City of Grand Prairie, Dallas County, Texas, zoned “CA” Central Area District for off-premise consumption within three-hundred (300) feet of Uplift Education, a private education institution located in Council District 5. The applicant is Jerry Herring. Mr. Herring is under contract to sell the property to a prospective buyer who wants to open a liquor store.
BACKGROUND INFORMATION:
Title 4, Chapter 109, Subchapter B, §109.33(e) authorizes municipalities to establish a variance process if it is determined that the 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 the city council, after consideration of the health, safety, and welfare of the public and the equities of the situation, determines is in the best interest of the community.
The applicant is seeking an alcohol permit for the property at 311 East Main Street, in which it will be utilized as a liquor store. Alcohol has not previously been sold at this location and the applicant intends to sell liquor, beer, and wine for off-premise consumption. Currently, the sale of alcoholic beverages at 3202 Corn Valley Road will violate Title 4, Chapter 109, Subchapter B, §109.33(a)(1) of the Texas Alcoholic Beverage Code. The applicant is requesting a variance to allow the off-premise sale of alcohol within three hundred (300) feet of Uplift Education, which is accredited and recognized by the Texas Education Agency. The distance between the subject property and the school property is approximately 127 feet. The Grand Prairie Police Department has provided staff with a letter of opposition.
STAFF ANALYSIS:
The analysis includes the following findings and factors:
1. The distance from the parcel of which the liquor store will be located.
2. The sale of alcohol is for off-premise consumption only.
Should City Council choose to waive the distance requirement provision, staff recommends the following conditions:
STAFF RECOMMENDATION:
City staff cannot support the variance request for case AV201101 due to the proximity to an existing school.