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RESOLUTION 2013 -115R <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF <br />SAN MARCOS, TEXAS, APPROVING A CONDITIONAL USE <br />PERMIT VARIANCE UNDER SECTION 4.3.4.2 OF THE LAND <br />DEVELOPMENT CODE TO ALLOW THE S H E R M A N A S <br />RESTAURANT TO SERVE ALCOHOL FOR ON -SITE CONSUMPTION <br />AT 2550 HUNTER ROAD WHICH LOCATION IS LESS THAN 300 <br />FEET FROM DORIS MILLER JUNIOR HIGH SCHOOL; AND <br />DECLARING AN EFFECTIVE DATE. <br />RECITALS: <br />1. Section 4.3.4.2 (b)(2) of the Land Development Code which governs conditional <br />use permits for on -site alcoholic beverage consumption establishes a minimum distance of 300 <br />feet between restaurants serving alcohol for on -site 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. Tres Hermanas Restaurant has <br />requested a variance from such 300 foot distance requirement. <br />3. The gross revenue from the sale of alcohol of Tres Hermanas Restaurant 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 Tres Hermanas <br />Restaurant 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 <br />writing to 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 drive <br />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 § 4.3.4.2 of the Land Development Code <br />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 <br />MARCOS, TEXAS: <br />PART 1. The City Council hereby finds and determines that the statements in the <br />Recitals are true. <br />1 <br />