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RESOLUTION NO. 2017-95R <br /> A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN <br /> MARCOS, TEXAS APPROVING A VARIANCE FROM THE MINIMUM <br /> DISTANCE REQUIREMENT UNDER SECTION 4.3.4.2 OF THE LAND <br /> DEVELOPMENT CODE TO ALLOW KOMAL LATIN KITCHEN AND <br /> BAR TO SERVE ALCOHOLIC BEVERAGES FOR ON-SITE <br /> CONSUMPTION AT 2550 HUNTER ROAD, WHICH LOCATION IS <br /> LESS THAN 300 FEET FROM DORIS MILLER JUNIOR HIGH SCHOOL; <br /> AND DECLARING AN EFFECTIVE DATE. <br /> RECITALS: <br /> 1. Section 4.3.4.2(b)(2) of the Land Development Code establishes a minimum <br /> required distance of 300 feet between restaurants serving alcoholic beverages for on-site <br /> consumption and any public school. <br /> 2. Section 4.3.4.2(b)(3) authorizes the City Council to approve a variance from said <br /> 300 foot distance requirement under appropriate circumstances. Komal Latin Kitchen and Bar has <br /> requested a variance from such 300 foot distance requirement. <br /> 3. The gross revenue from the sale of alcohol of Komal Latin Kitchen and Bar will be <br /> less than 25 percent of the total gross revenue of the restaurant; <br /> 4. There is a distance of at least 200 feet from the primary entrance of Komal Latin <br /> Kitchen and Bar at its location of 2550 Hunter Road to the primary entrance of Doris Miller Junior <br /> High School, the nearest public school. <br /> 5. The San Marcos Consolidated Independent School District has consented in writing to <br /> the variance subject to the following being printed on the restaurant's menus: <br /> "Due to the close proximity of a school campus, please be alert for students and <br /> drive carefully. This restaurant will accommodate, as necessary, any individual that needs <br /> transportation after consuming alcoholic beverages." <br /> 6. The Planning and Zoning Commission after a public hearing, voted to recommend <br /> approval of the variance, subject to the requirements of Section 4.3.4.2 of the Land Development <br /> Code and the conditions requested by the San Marcos Consolidated Independent School District. <br /> BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br /> TEXAS: <br /> PART 1. The City Council hereby finds and determines that the statements in the <br /> Recitals are true. <br /> 1 <br />