08062007 Regular Meeting - Laserfiche WebLink

Home Browse Search

Regular Meeting August 6, 2007 Page 7 Barrett stated this is not the same procedure for other variances, this is an additional requirement. She stated she feels the City is stepping around the guidelines under State Law and this should be done in a fair way. Mr. Guerrero inquired to what other variances require applicants to ask their adjoining property owners. Ms. Barrett stated any neighbors within 200 feet are notified by mail of a public hearing. Mr. Guerrero stated he feels the procedures should be the same. Mr. Jones stated he is concerned with this amendment's additional requirement for this type of variance. Mr. O'Leary stated currently there are two businesses that are prohibited to operate as a full service restaurant, with a variance they will be able serve alcohol. Mayor Narvaiz stated two establishments invested in the community, were not able to get an alcohol permit, because they were too close to school property. She stated the questions being raised is why these establishments were not notified of this in the beginning. She stated she feels the burden is should the City have known these are restaurants or should the question have been if they are planning on serving alcohol and warning them of the state law regulations on school and church boundaries. She also stated the only way to remedy this situation was to get permission from the school or church. She stated she does not want San Marcos to be an unfriendly community and the City needs to be accountable to State Law. She stated the Council gave direction to Staff to find options to assist the two business owners and for future occurrences. Mr. Jones stated he would approve this Ordinance on first reading, but would like for Staff to provide alternatives to the Council before the second reading. Mr. Thomaides stated on page 150 of the Council backup, Item 5 is regarding proposed amendment, which by State Law has to be a variance approved by the City Council. Mr. O'Leary stated the Council does have the say in the process and the right to grant variance. Mayor Narvaiz stated currently under the proposed Ordinance, the applicant has to get a letter form the Church or the School Board supporting the variance. The Council agreed by consensus to see additional options to the variance process. The Council then voted unanimously for approval of Ordinance on first reading. Mayor Narvaiz introduced a public hearing and consideration of approval of an Ordinance on first reading, the caption which was read as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS AMENDING SECTION 4.3.1.2 OF THE CITY LAND DEVELOPMENT CODE REGARDING LAND USE MATRIX; INCLUDING PROCEDURAL PROVISIONS; AND PROVIDING FOR PENALTIES. Mayor Narvaiz opened the public hearing and asked if anyone wished to speak. Scott Gregson stated he is the Acting Chair of the Main Street Advisory Board, which is in support of amending Section 4.3.1.2 of the LDC. Mayor Narvaiz asked if anyone else wished to speak. No one did, so Mayor Narvaiz closed the public hearing. Mr. Guerrero moved for approval of an