O-2018-3717 Variance for Aroma's Italian Grill

Browse Search

Section 1. The requirements of Section 6-2 o'the City Code of Ordinances prohibiting the sale of alcoholic beverages if'the place of business is Within three hundred fleet ol'any church, J)Ublic school Or public hospital are waived for the purposes of the variance request filed by Aroma's Italian Grill, I. d/b/a Aroma's Italian Grill, for the property located at 1023 S. Broadway St., legally described as Lots 3- 10, Block 64, '['own of.'La Porte, and which premises is located within 300 feet of the property line ol'La Porte High School, a public school, and SLIC11 variance application is hereby granted, but subject to the following conditions: (a) This variance shall be applicable only to applicant Aroma's Italian Grill, L,LC, d/b/a Aroma's Italian Grill and the premises located at 1023 S. Broadway St. and shall not transfier to any successor company or entity. (b) The sale of alcohol beverages shall be limited to on -premises C011SUITIpti011. (c) ']'his variance shall not be transferable to a land use other than a restaurant. (d) This variance shall terminate in the event of non -operation or non-use of a restaurant by Aroma's Italian Grill, LLC, d/b/a Aroma's Italian Grill oil the premises of 1023 S. Broadway St. for a period of twelve or more successive calendar months. Section 2: The La Porte City Council deteri-iiines that enl`6rcenient ol'the distance requirements in the case of Aroma's Italian Grill, located at 1023 S. Broadway St. is I) is not in the best interest ol'the Public; 2) constitutes waste or inefficient use of land or other resources; 3) creates all undue hardship oil all applicant for a license or permit; 4) does not serve its intended purpose; 5) is not effective or necessary; and 6) after consideration of the health, safety and welfare ol'the public and the equities of the situation, is not in the best interest of the Community; and in consideration of'these I , actors, that the granting of the variance: applied f*or by Aroma's Italian Grill, LLC, d/b/a Aroma's Italian Grill, with the conditions described herein, should be granted. Section 3: All ordinances or parts of ordinances inconsistent with the terms ol'this ordinance are hereby repeated; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 4: Should any section or part or this ordinance be field unconstitutional, illegal, or invalid, or the application to any person or circumstance For any reasons thereof ineffective or inapplicable, Such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or pail shall in no way affect, impair or invalidate the remaining portions thereof, but as to Such remaining portion or portions, the same shall be and remain in full force and effect and to this end the provisions of this ordinance are declared to be severable. Section 5. The City COLIFICil officially finds, determines, recites and declares that a Sufficient written notice of the date, hour, place and subject of this meeting ol'the City Council is Posted at a place convenient to the public at the City Hall ol'the city for the time required 1)), law preceding this meeting, as required by Chapter 551, 7-'x. Gov't Code-, and that this meeting has been open to the public as required by law at all times during which this