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  Agenda Item 9.a.       
Meeting Date: 05/21/2019  
Item Title:    BW 19-01 TMT, Inc. (District 4)
Submitted By: Will Guerin

REQUEST
Variance to reduce the minimum separation requirement between an establishment that sells or serves alcoholic beverages and a school.
OWNER
TMT, Inc.
BACKGROUND

Chapter 2, Article 5, Section 2.55(A) of the Garland Development Code (GDC) states that an establishment that sells or serves alcoholic beverages may not be located nearer than 300 feet of a church, public school or public hospital. However, Section 2.55(C) allows for a variance process through the City Council. The applicant, who represents the ownership of a convenience store with fuel sales [Whip-In] located at 3405 Broadway Boulevard, requests a variance to allow the sales of beer and wine for off-premise consumption. There is an existing public school [South Garland High School] west of the subject property, across Colonel Drive, approximately 80 feet away. In order for the applicant to receive permits through the Texas Alcoholic Beverage Commission (TABC), the City of Garland must first give approval.

SITE DATA
The subject property contains 0.52 acres and fronts approximately 152 feet along Broadway Boulevard and approximately 150 feet along Colonel Drive. The subject property is zoned Community Retail (CR) District.
CONSIDERATIONS
  1. On the subject property sits a convenience store with fuel sales [Whip-In]. The applicant wishes to sell beer and wine from the convenience store.
     
  2. As mentioned above, Chapter 2, Article 5, Section 2.55(A) of the Garland Development Code (GDC) states that an establishment that sells or serves alcoholic beverages may not be located nearer than 300 feet to a church, public school or public hospital. There is an existing public school [South Garland High School] less than 300 feet from the subject property. Per the GDC guidelines, the measurement between public schools and alcohol-selling establishments is in a direct line from property line to property line; the subject property and the South Garland High School property are approximately 80 feet apart.
     
  3. Chapter 2, Article 5, Section 2.55(C) of the Garland Development Code (GDC) states that “The City Council may grant a variance to the distance regulations provided by this Section if the City Council determines that enforcement of those regulations 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.”
Attachments
BW 19-01 Location Map
BW 19-01 Responses
BW 19-01 Staff Presentation

  

    

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