File #: CUP-18-29    Version: 1 Name:
Type: Action Item Status: Reported to Council
File created: 10/30/2018 In control: Planning and Zoning Commission
On agenda: 11/13/2018 Final action:
Title: CUP-18-29 (Eskimo Hut) - Hold a public hearing and consider a request by Nelson Riley on behalf of Eskimo Hut for a Conditional Use Permit to allow the sale of beer and wine at 1504 Aquarena Springs Drive Ste. 110. (W. Parrish)
Attachments: 1. CUP-18-29 Notification Map, 2. CUP-18-29 Aerial Map, 3. CUP-18-29 Staff Report, 4. CUP-18-29 Zoning Map, 5. CUP-18-29 Drive-Thru Aerial and Zoning, 6. CUP-18-29 Sealed Container, 7. CUP-18-29 Floor Plan, 8. CUP-18-29 Presentation
AGENDA CAPTION:
Title
CUP-18-29 (Eskimo Hut) - Hold a public hearing and consider a request by Nelson Riley on behalf of Eskimo Hut for a Conditional Use Permit to allow the sale of beer and wine at 1504 Aquarena Springs Drive Ste. 110. (W. Parrish)

Body
Meeting date: November 13, 2018

Department: Planning and Development Services

Amount & Source of Funding
Funds Required: NA
Account Number: NA
Funds Available: NA
Account Name: NA

Fiscal Note:
Prior Council Action: NA

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Background Information:
The applicant is requesting a CUP to sell alcohol to go, to walk up and drive thru customers. The applicant proposes to sell the beverages in sealed plastic bags, a method that has been approved by the Texas Alcoholic Beverage Commission (TABC).
The City of San Marcos Police Chief acknowledges that the sealed bag delivery method complies with the Texas Open Container prohibition. However, Chief Stapp has concerns about the sale of "to go" alcoholic beverages in that such beverages sold in the drive through will likely be consumed while the vehicle is in operation.
This property meets the 300 foot door to door requirement from Single Family zoned property, however, the drive-thru exits in very close proximity to two single family homes. The drive-thru exits onto Zunker Street in a manner that may cause the headlights of exiting vehicles to sw...

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