Title
Conduct a public hearing and consider an ordinance approving a variance reducing the separation requirement from 300 feet to zero (0) feet between a winery, Thoughtful Wine, and Larry G. Smith Elementary School, a Dallas Independent School serving children grades Pre-K through 5th Grade, located at 5299 Gus Thomasson Road, to allow the winery to sell wine for retail distribution and delivery to off-premises locations and events, located at 4811 Motley Drive.
(No responses in favor or two in opposition to the application have been received from property owners within the statutory notification area.)
Body
The City of Mesquite requires businesses selling beer or wine to be a minimum of 300 feet from a public or private school. The distance is measured in a direct line from the school's property line to the property line of the place of business. The applicant requests a variance from the 300-ft separation requirement to allow their business, Thoughtful Wine, to occupy a portion of 4811 Motley Drive. Based on the survey submitted by the applicant, the subject property is approximately 0 feet from the Larry G. Smith Elementary School property line. However, the entrance to the building at 4811 Motley Drive is approximately 773 feet from Larry G. Smith Elementary School's property.
In December 2018, the City Council passed an ordinance establishing a variance process that could allow businesses that sell beer and wine to be less than 300 feet from churches and schools. The ordinance gives Council the authority to approve such variances on a case-by-case basis when a request is found to be "...not in the best interest of the public, constitutes waste or inefficient use of land or other resources, creates an undue hardship on an applicant for a license or permit, does not serve its intended purpose, or is not effective or necessary, or for any other reason the City Council determines, after consideration of the health, safety and welfare of the public and the...
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