HomeMy WebLinkAbout(0072) M&C 19-0256City of Fort Worth, Texas
Mayor and Council Communication
DATE: 10/15/19 M&C FILE NUMBER: M&C 19-0256
LOG NAME: 06AA-19-003
SUBJECT
Conduct Public Hearing to Consider Variance from Section 4-4 of the City Code to Allow Beer and Wine Sales for On -Premise Consumption at
Little Germany Restaurant Located at 6737 Camp Bowie Boulevard (COUNCIL DISTRICT 3)
(PUBLIC HEARING - a. Report of City Staff: Arty Wheaton -Rodriguez; b. Citizen Presentations; c. Council Action: Close Public Hearing and
Approve the M&C)
RECOMMENDATION:
It is recommended that the City Council consider a request from Manuel Gonzalez, lessee of Little Germany Restaurant, located at 6737 Camp
Bowie Boulevard for a variance from Section 4-4 of the City Code prohibiting the sale of alcoholic beverages within 300 feet of Richard
Milburn Academy located at 6785 Camp Bowie Boulevard.
DISCUSSION:
Manuel Gonzalez, lessee of Little Germany Restaurant, is requesting a variance to sell beer and wine for on -premise consumption in a restaurant
located at 6737 Camp Bowie Boulevard. The restaurant is located approximately 235 feet from the property line of Richard Milburn Academy,
located at 6785 Camp Bowie Boulevard, as depicted on the attached map.
Section 4.4(a) of the City's Alcoholic Beverages Code, Chapter 4 of the City Code, provides that it is unlawful to sell alcoholic beverages at a
place of business that is located within 300 feet of any church, public school, or public hospital. The measurement of the distance between the
place of business where alcoholic beverages are sold and a public school shall be a straight line where alcohol sales are proposed to the closest
property line of the school.
Section 4-4(f) of the City Code provides that the City Council may grant a variance from the 300-foot regulation as follows: The City Council may
allow a variance to this section if it determines 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 the applicant for a license or permit, does not serve its
intended purpose, or is not effective or necessary, or that a previous permit was issued for the premises in error and enforcement of the regulation
would be inequitable, or for any other reason the City Council determines, after consideration of the health, safety and welfare of the public and the
equities of the situation, that the variance is in the best interest of the community. Mr. Gonzalez requests that the City Council grant a variance from
the 300-foot distance regulation.
Notice of the hearing has been sent to owners of property within 300 feet and to registered neighborhood organizations within 1/2 mile of 6737
Camp Bowie Boulevard as required by Section 4-4(f) of the City Code. A letter from Richard Milburn Academy is attached in the application form.
This M&C does require a public hearing to get input from the applicant and surrounding property owners.
This property is located in COUNCIL DISTRICT 3.
A Form 1295 is not required because: This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that this action will have no material effect on City Funds.
Submitted for City Manager's Office by. Dana Burghdoff 8018
Originating Business Unit Head: Randle Harwood 6101
Additional Information Contact: Beth Knight 8190