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    7. 12.    
Regular City Council Meeting
Meeting Date: 08/13/2019  

Information
Agenda Item
Resolution - Planning: Consider a resolution approving and granting a variance from the applicable 300-foot minimum distance provisions of City of Lubbock Ordinance 2009-O0060, at the location of 313 North Detroit Avenue, for an alcoholic beverage permit for Lovely Kwik Mart.
Item Summary
Effective August 8, 2009, Ordinance 2009-O0060 amended Section14.01.007 (Section 18-11), Alcoholic beverages - Sale near church, school or hospital, in Chapter 14, Offenses - Miscellaneous, of the City of Lubbock Code of Ordinances, related to businesses who obtain a permit from the Texas Alcohol Beverage Commission (TABC) for the sale of alcohol.

As part of the ordinance, the City Council adopted a standard which prohibits any business that is within 300 feet of any church or hospital, measured between the front doors of each establishment in a line that travels along a legal pedestrian path, from having a permit issued by TABC. The City Council may consider a variance to the 300-foot rule as set forth in the Texas Alcoholic Beverage Code.

The request for a variance is from Lovely Kwik Mart, located at 313 North Detroit Avenue, which is approximately 200 feet from the Church of God of Prophecy located at 331 North Detroit Avenue.

A request for a new permit for on-premise alcohol sales at this location is now pending, and requires a separation variance request. The City Council has wide discretion in considering whether to grant a variance. The following may be considered by the City Council (as noted by the State of Texas statute providing for the variance process):
1) The enforcement of the regulation in a particular instance is not in the best interest of the public;
2) The regulation constitutes waste or inefficient use of land or other resources;
3) The regulation creates an undue hardship on the applicant, does not serve its intended purpose or is not effective or necessary;
4) The variance may be granted for any other reason, after consideration of the health, safety and welfare of the public and the equity of the situation, if the governing body finds it to be in the best interest of the community.

The Church of God of Prophecy has been notified by letter of this request.
Fiscal Impact
None
Staff/Board Recommending
Jesica McEachern, Assistant City Manager

Attachments
Lovely Kwik Mart- Resolution
Lovely Kwik Mart Zoning Certificate and Inspection Form
Lovely Kwik Mart Pre-qualification packet
Lovely Kwik Mart- map
Lovely Kwik Mart- Applicant Photo
Lovely Kwik Mart- Applicant Photo 2

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