Ord 48-2010 9/7/2010 ORDINANCE NO. 48-2010
Ordinance Of The City Council Of The City Of Wichita Falls, Texas,
Granting A Variance From Section 5430.B. Of The Wichita Falls Code
Of Ordinances, Which Prohibits Alcohol Sales Within 300 Feet Of A
School, To The Property At 280'� Midwestern Parkway, Which Is
Owned By Benny And Barbara Land D/B/A Atlanta Bread
WHEREAS, Section 5430.B. of the Wichita Falls Code of Ordinances provides
as follows:
5430. B. The sale of alcoholic beverages within the city by any dealer whose place of business is within
300 feet of a public or private school is hereby prohibited. The measurements of the distance between the
place of business where alcoholic beverages are sold and the public or private school shall be in a direct line
from the property line of the public or private school to the property line of the place of business, and in
direct line across intersections. If the place of business where alcoholic beverages are sold is located on or
above the fifth floor of a multistory building, the method of ineasurement shall be in a direct line from the
property line of a public or private school to the property line of the place of business, in a direct line across
intersections, and vertically up the building at the property line to the base of the floor on which the permit
or license holder is located. This section shall not apply to temporary sales authorized under section 5420,
subsection 5.
WHEREAS, Benny and Barbara Land, the owners of Atlanta Bread Restaurant
at 2801 Midwestern Pkwy., are within 300 feet of Barwise School; therefore, they are
requesting a variance from the Section 5430.B. prohibition of the sale of alcoholic
beverages; and
WHEREAS, the City Council, upon review, finds that strict enforcement of
Section 5430.B. of the Zoning Ordinance is not in the best interest of the public, creates
an undue hardship on the applicant, and is not effective or necessary.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
A variance from Section 5430.B. of the Wichita Falls Code of Ordinances, which
prohibits alcohol sales within 300 feet of a school, is granted to the property at 2801
Midwestern Parkway.
PASSED AND APPROVED this the 7 day of September, 2010.
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ATTEST:
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