MDJ Camp Bowie, lessee of RaceTrac, is requesting a variance to sell beer and wine for off-premise consumption in a convenience store located at 6495 Camp Bowie Boulevard. The convenience store is located approximately 125 feet from the property line of the Montessori School of Fort Worth, located at 3420 Clayton Road East, as depicted on the attached map.
Section 4.4(a) of the City's Alcoholic Beverages Code, Chapter 4 of the City Code, provides that it is unlawful to sell alcoholic beverages at a place of business that is located within 300 feet of any church, public school or public hospital. For purposes of this section, a private schools is any private school, including a parochial school, for students from kindergarten through grade 12 with more than 100 students enrolled at a single location. The Montessori School of Fort Worth on the opposite side of Clayton Road has 232 students. The measurement of the distance between the place of business where alcoholic beverages are sold and a private school shall be a straight line from where alcohol sales are proposed to the closest property line of the school.
Section 4-4(f) of the City Code provides that the City Council may grant a variance from the 300-foot regulation as follows: The City Council may allow a variance to this section if it determines that the 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 the applicant for a license or permit, does not serve its intended purpose, or is not effective or necessary, or that a previous permit was issued for the premises in error and enforcement of the regulation would be inequitable, or for any other reason the City Council determines, after consideration of the health, safety and welfare of the public and the equities of the situation, that the variance is in the best interest of the community. MDJ Camp Bowie requests that the City Council grant a variance from the 300-foot distance regulation.
Notice of the hearing has been sent to owners of property within 300 feet of 6495 Camp Bowie Boulevard as required by Section 4-4(f) of the City Code, as well as to registered organizations within 1/2 mile. The Montessori School of Fort Worth does not have an issue with the variance per the attached email.
This M&C does require a public hearing to receive input from the applicant and surrounding property owners.
This property is located in COUNCIL DISTRICT 3.
This M&C does not request approval of a contract with a business entity. |
