AGENDA CAPTION:
Title
VR-25-01 (Bird Dog Variance) Hold a public hearing and consider a request by Michael Delacruz, on behalf of Bird Dog, for a variance to Section 5.1.5.5 of the San Marcos Development Code, regarding the Sale and On Premise Consumption of Alcohol within 300 feet of a public or private school, located at 1701 S IH 35. (K. Buck)
Body
Meeting date: January 14, 2025
Department: Planning and Development Services
Amount & Source of Funding
Funds Required: N/A
Account Number: N/A
Funds Available: N/A
Account Name: N/A
Fiscal Note:
Prior Council Action: N/A
City Council Strategic Initiative:
N/A
N/A
N/A
Comprehensive Plan Element (s):
? Economic Development - Choose an item.
? Environment & Resource Protection - Choose an item.
? Land Use - Choose an item.
? Neighborhoods & Housing - Choose an item.
? Parks, Public Spaces & Facilities - Choose an item.
? Transportation - Choose an item.
? Core Services
? Not Applicable
Master Plan:
Choose an item.
Background Information:
This Variance application accompanies a Conditional Use Permit (CUP-24-65) for on-premise consumption of beer and wine. Please note, this is the first distance variance requested at this location.
Council Committee, Board/Commission Action:
N/A
Alternatives:
N/A
Recommendation:
Staff recommends approval of VR-25-01 with the following conditions:
1. The Variance shall be valid for one (1) year (concurrent with the associated Conditional Use Permit), provided standards are met; and
2. The following statement shall be included on all restaurant menus: "Due to the close proximity of a school campus, please be alert for students and drive carefully. This restaurant will accommodate, as necessary, any individual that needs transportation after consuming alcoholic beverages"; and
3. The restaurant shall operate such that gross revenue from alcohol sales will be less than 25% of total gross revenue for the business, with the restaurant submitting annual reports ind...
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