Posting Language
Title
Conduct a public hearing and consider a request by Success Foods Management Group, LLC d/b/as Torchy's Tacos, located at 1822 S. Congress Avenue, for a waiver of the distance requirement of City Code Section 4-9-4(A) which requires a minimum 300-foot separation distance between a business selling alcoholic beverages and a school.
De
Lead Department
Development Services Department.
Fiscal Note
This item has no fiscal impact.
Prior Council Action:
October 23, 2014 - Postponed at the request of staff.
November 6, 2014 - Postponed at the request of applicant.
December 11, 2014 - Indefinitely postponed at the request of applicant.
September 12, 2024 - Postponed at the request of staff.
For More Information:
Brian Block, Music Program Manager, (512) 974-7966, brian.block@austintexas.gov; Bryan Walker, Planner II, (512) 974-2686, bryan.walker@austintexas.gov.
Additional Backup Information:
Pursuant to City Code Chapter 4-9, Section 5, the agent for Success Foods Management Group, LLC (Torchy's Tacos), Jessica Kirker, requests a waiver from the minimum separation distance requirement of 300 feet because the business is seeking to sell alcoholic beverages at its premises, which is within 300 feet of the Lively School at 201 E. Mary Street.
City Code Chapter 4-9, Section 5, states that:
A) The City Council may waive the 300-foot distance requirement if it determines that the enforcement of the distance requirement in a particular instance:
1) is not in the best interest of the public;
2) constitutes waste or the inefficient use of land or other resources;
3) creates an undue hardship on the applicant;
4) does not serve its intended purpose;
5) is not effective or necessary; or
6) for any other reason the council, after consideration of the health, safety, and welfare of the public and the equities of the situation, determines is in the best interest of the community.
B) The council may consider the written consent to a waiver under this sectio...
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