Title
Public Hearing - A Public Hearing and Consideration of a Request for a Variance to Allow the Sale of Alcoholic Beverages for On-Premise Consumption at BB.Q Chicken to be Located at 3030 E Broad St. Suite 108, Within 300 feet of the Property Lines of Mansfield High School and Mary Orr Intermediate School; Long Nguyen of BB.Q Chicken
Requested Action
To consider the subject variance request.
Description/History
Pursuant to the provisions of Sec. 109.33 of the State of Texas Alcoholic Beverage Code (the “Code”), the City has adopted regulations to prohibit the sale of alcoholic beverages within 300 feet of a public or private school. The distance is measured in a direct line from the property line of the school to the property line of the business selling alcoholic beverages.
Section 109.33 of the Code permits the governing board of a city or town to: "allow variances to the regulations if the [...] governing body determines that enforcement of the regulation in a particular instance is 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, is not effective or necessary, or for any other reason the [...] governing board, 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."
The Applicant recently opened BB.Q Chicken --- a food service establishment located at 3030 East Broad Street, Suite 108. The Applicant is requesting a variance to the provisions in Section 155.099(B)(21)(c) of the Mansfield Code of Ordinances to allow the sale of alcoholic beverages for on-premise consumption within 300 feet of a school. The requirement is based on the closest distance between property lines. The restaurant requires the variance to allow the sale of alcohol as it is within 195 feet of the property line of Mary Orr Intermediate School to the west and 125 feet of the property line of Mansfield High School to the north. The applicant has provided a letter explaining their request, as well as a site plan of the tenant space and a separation exhibit indicating the distance between property lines.
In 2019, the City Council approved variance to the provisions in Section 155.099(B)(21)(c) for the following food service establishments only: Chipotle; Fuddruckers; Blaze Pizza; and a national breakfast chain within the designated site. The City Council’s approval did not include any other provisions or text extending the variance request to other food service establishments, which necessitates submitting their own variance requests.
Approval of the variance request is at the sole discretion of the City Council.
Prepared By
Katasha Smithers, Planning Manager - Current Planning
817-276-4235
Attachments:
Letter from Applicant
Site Plan Layout
Separation Exhibit