From
Chris Hartmann
Title
AV190801 - Alcohol Variance - Boiling King Crab (City Council District 2) requested by Warren Cohen for a Restaurant with on premise alcohol sales within 300 feet of school (Moore Elementary School), Lot 1R, Block A, Epic West Towne Crossing, PH 1 Addition, Dallas County, City of Grand Prairie, Texas, located at 3136 S SH 161, Ste. 200
Presenter
David P. Jones, AICP, Chief City Planner
Recommended Action
Approve
Analysis
SUMMARY:
Consideration of a request granting a variance to authorize the sale of alcoholic beverages on Lot 1R, Block A, Epic West Towne Crossing Phase 1, located at 3166 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 Warren Cohen.
BACKGROUND INFORMATION:
Title 4, Chapter 109, Subchapter B, §109.33(e) of the Texas Alcoholic Beverage Code authorizes a municipality that has enacted a prohibition on the sale of alcoholic beverages by a dealer whose place of business is within 300 feet of a public or private school to grant variances to that regulation 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 City has enated a prohibition on such sales, and provided for the grant of variances to that prohibition, in Article 4, Section 8, of the Unified Development Code ("UDC").
The applicant is seeking their first alcohol permit for the Boiling Ki...
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