From
Chris Hartmann
Title
AV190601 - Alcohol Variance - Fuzzy's Taco Shop (City Council District 2). Variance to the proximity requirement for the sale of alcoholic beverages within 300 feet of a public school to allow a restaurant to sell alcoholic beverages. Lot 1, Block A, Epic West Towne Crossing Phase 1, Dallas County, City of Grand Prairie, Texas, zoned PD-364, within the SH 161 Overlay District, and addressed as 3144 South State Highway 161 Suite 340. The applicant is GP Taco dba Fuzzy’s Taco Shop, Owned by Eddie White.
Presenter
David P. Jones, AICP, Chief City Planner
Recommended Action
Approve
SUMMARY:
Consideration of a request granting a variance to authorize the sale of alcoholic beverages on Lot 1, Block A, Epic West Towne Crossing Phase 1, located at 3144 South State Highway 161, Suite 340, zoned “PD-364” Planned Development 364 District for on-premise consumption within three-hundred (300) feet of Moore Elementary School, a public education institution located in Council District 2. The applicant is GP Taco dba Fuzzy’s Taco Shop, Owned by Eddie White. Moore Elementary School was contacted, and did not respond.
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 their first alcohol permit for the Fuzzy’s Taco that will be located in the Epic West Town Crossing shopping center. Alcohol has not previously been sold at this location and the applicant intends to sell beer, wine and mixed drinks, for on-premise consumption. Currently, the sale of alcoholic beverages at the subject poperty 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 Moore Elementary School, which is accredited and recognized by the Texas Commission of Education. The Fuzzy’s Taco Shop and Moore Elementary school share a property line to the east. Article II of the Unified Development Code gives City Council the authority to approve, or deny alcohol variances.
ALTERNATIVES:
The City may opt not to grant the requested variance, prohibiting the sale of alcohol for on-premise consumption at the Fuzzy’s Taco Shop, located at 3144 S SH 161, Suite 340.
STAFF ANALYSIS:
The analysis includes the following findings and factors:
1. The distance from the parcel of which the convenience store will be located.
2. The sale of alcohol is for on-premise consumption only.
Should City Council choose to waive the distance requirement provision, staff recommends the following conditions:
1) That the sale of alcoholic beverages be limited to Fuzzy’s Taco Shop.
2) Alcohol sales will include beer, wine and Mixed Drinks for on-premises consumption only.
3) That the authorization for the sale of alcoholic beverages shall not transfer to different land uses or owners.
4) That such authorization shall terminate in the event of non-operation or non-use of the identified establishments for a period of six (6) or more successive months.
5) The hours of operation shall be limited to Sunday-Tuesday 7am-10pm, Wednesday-Thursday 7am-11pm, Friday-Saturday 7am-12am.
6) The sale of alcohol equal to, or exceeding 75% alcohol sales will require a Specific Use Permit.