21 - Tekmak Development request for a variance from distance restrictions under Article 5.03 Alcoholic Beverages Section 5.03.003

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Item No. 21 TO: Mayor, Mayor Pro -Tem and City Council Grayson Path, City Manager FROM: Andrew Mack, AICP Director Planning & Community Development SUBJECT: Discuss and act on a request from Tekmak Development for a variance from distance restrictions under Article 5.03 Alcoholic Beverages Section 5.03.003. MTG. DATE: December 12, 2022 BACKGROUND Thomas E. Kirkland, President of TEKMAK Development Company, requests a variance to City Code Section 5.03.003 pertaining to the restrictions for "proximity of establishments selling alcoholic beverages...." to the site of the new Marriot Hotel in order to receive a TABC license. In the attached Exhibits, the buffer map and affected area list show that the North Lamar ISD High School property line at 3050 North Main Street, LCAD 59857, is located less than 300' to the Marriot Hotel property line located at 3005 North Main Street, the distance is slightly less than the 300' ordinance requirement. However, when you measure from the high school building to the hotel building, the distance is far greater than 300'. Additionally, the area within the hotel devoted to alcohol service is very small and will serve to provide on-site service to hotel and community patrons utilizing the event center space. Notice was sent out to North Lamar ISD well in advance of the City Council meeting. To date, no response was received. RECOMMENDATION Staff recommends approval of the variance to the City Code Section 5.03.003 restriction of alcohol sales within the 300' proximity of the property lines between the new Marriot Hotel and North Lamar ISD High School property.