File #: ID#18-891    Version: 1 Name:
Type: Action Item Status: Passed
File created: 12/12/2018 In control: City Council
On agenda: 1/2/2019 Final action: 1/2/2019
Title: Receive a Staff presentation and hold a Public Hearing to receive comments for or against an appeal filed by Aquarena Plaza, LLC on behalf of Eskimo Hut regarding the Planning and Zoning Commission's decision to deny the Conditional Use Permit application (CUP-18-29) to allow the sale of beer and wine at 1504 Aquarena Springs Drive Ste. 110, San Marcos, TX 78666; and consider the appeal related to CUP-18-29 filed by Aquarena Plaza, LLC on behalf of Eskimo Hut, by motion.
Attachments: 1. CUP-18-29(A) Presentation, 2. CUP-18-29(A) Council Cover Memo, 3. CUP-18-29(A) Council Staff Report, 4. CUP-18-29(A) Notification Map, 5. CUP-18-29(A) Notification List, 6. CUP-18-29 Aerial Map, 7. CUP-18-29 Zoning Map, 8. CUP-18-29 Drive-Thru Aerial and Zoning, 9. CUP-18-29 Sealed Container, 10. CUP-18-29 Floor Plan
AGENDA CAPTION:
Title
Receive a Staff presentation and hold a Public Hearing to receive comments for or against an appeal filed by Aquarena Plaza, LLC on behalf of Eskimo Hut regarding the Planning and Zoning Commission's decision to deny the Conditional Use Permit application (CUP-18-29) to allow the sale of beer and wine at 1504 Aquarena Springs Drive Ste. 110, San Marcos, TX 78666; and consider the appeal related to CUP-18-29 filed by Aquarena Plaza, LLC on behalf of Eskimo Hut, by motion.

Body
Meeting date: January 2, 2019

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 appellant is the property owner of the proposed Eskimo Hut Location which was denied by the Planning and Zoning Commission on November 13, 2018.
The original applicant was requesting a CUP to sell alcohol to go, to walk up and drive thru customers. They proposed 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 acknowledged 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 b...

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