01.02.19 Special Meeting - Laserfiche WebLink

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City Council Meeting Minutes January 2, 2019 Mayor Hughson opened the Public Hearing at 5:36 p.m. David Ross, 7800 HIM San Antonio, TX, is appearing before the Council on behalf of the land owner, Vance Elliot. He stated that the denial of this permit was an abuse of discretion, and that the Planning and Zoning Commission did not follow the required procedures to arrive at their denial. He stated that the sale of beer and wine are compatible uses with the existing uses of land in the neighboring area. He stated that the concerns raised seemed to focus more on the actual TABC permitted process for the sale of the product, the use of the drive-thru. He stated that that ignores that those concerns would be present for any use of that property, not just for the use that required the conditional use permit application. He stated that those concerns also ignored that those homes, especially the one home, are situated in such a way that any vehicle that travels from Aquarena Springs up Zunker are going to shine their lights on that property. He stated that that is going to occur regardless of if there is a drive-thru there or not. He stated that they contend that those reasons, and those justifications, were not sufficient to meet the requirements for the conditional use permit, which is whether or not the use is compatible with the existing uses in the neighborhood. For those reasons, and on behalf of the land owner, he stated that they respectfully requested that the Council grant the conditional use permit, and thanked the Council for their time. There being no further speakers, Mayor Hughson closed the Public Hearing at 5:40 p.m. Main Motion: A motion was made by Council Member Mihalkanin, seconded by Council Member Derrick, to approve the appeal with the following conditions: • Permit shall be valid for one (1) year, provided standards are met. • Drinks shall not be served in foam based containers. • The permit shall become effective upon the issuance of the Certificate of Occupancy. • The permit shall be posted in the same area and manner as the Certificate of Occupancy. Motion to Amend: A motion was made by Council Member Derrick, seconded by Mayor Pro Tem Prewitt, to amend the conditions by adding the requirement that beverages prepared on -premise to be served in insulated reusable cups with a plastic cup sealer. The motion carried by the following vote: For: 4 - Mayor Pro Tem Prewitt, Council Member Derrick, Mayor Hughson and Council Member Mihalkanin City of San Marcos Page 2