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child care facility, daycare center, public or private school, or public hospital located within 300
<br />feet of the premises at 10515 Spencer Highway, La Porte, Texas, as well as to the superintendent
<br />of the La Porte I.S.D.
<br />NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA
<br />PORTE, TEXAS:
<br />Section 1. The requirements of Section 6-2 of the City Code of Ordinances prohibiting the sale
<br />of alcoholic beverages if the place of business is within three hundred feet of any church, public
<br />school or public hospital are waived for the purposes of the variance request by Garden of Eden
<br />Floral & Gifts, LLC., for the property located at 10515 Spencer Highway, on a .75- acre tract of
<br />land legally described as a portion of Lots 3 & 4, and a portion of Tract 5, Block 2, Payne W J
<br />Survey, Hams County, Texas, and which premises is located within 300 feet of the property line
<br />of Rizzuto Elementary School, a public school, and such variance application is hereby granted,
<br />but subject to the following conditions:
<br />(a) This variance shall be applicable only to applicant, Garden of Eden Floral & Gifts, LLC.,
<br />and the premises located at 10515 Spencer Highway, La Porte, Texas, and shall not transfer
<br />to any successor company or entity.
<br />(b) The sale of alcohol beverages shall be limited to on -premises consumption.
<br />(c) This variance shall not be transferable to a land use other than a restaurant.
<br />(d) This variance shall terminate in the event of non -operation or non-use of a restaurant by
<br />Garden of Eden Floral & Gifts, LLC. on the premises of 10515 Spencer Highway, La Porte,
<br />Texas, for a period of twelve or more successive calendar months.
<br />Section 2: The La Porte City Council determines that enforcement of the distance requirements in
<br />the case of Garden of Eden Floral & Gifts, LLC., located at 10515 Spencer Highway, LaPorte,
<br />Texas, 1) is not in the best interest of the public; 2) constitutes waste or inefficient use of land or
<br />other resources; 3) creates an undue hardship on an applicant for a license or permit; 4) does not
<br />serve its intended purpose; 5) is not effective or necessary; and 6) after consideration of the health,
<br />safety and welfare of the public and the equities of the situation, is not in the best interest of the
<br />community; and in consideration of these factors, that the variance applied for by Garden of Eden
<br />Floral & Gifts, LLC., with the conditions described herein, should be granted.
<br />Section 1 All ordinances or parts of ordinances inconsistent with the terms of this ordinance are
<br />hereby repealed; provided, however, that such repeal shall be only to the extent of such
<br />inconsistency and in all other respects this ordinance shall be cumulative of other ordinances
<br />regulating and governing the subject matter covered by this ordinance.
<br />Section 4: Should any section or part of this ordinance be held unconstitutional, illegal, or invalid,
<br />or the application to any person or circumstance for any reasons thereof ineffective or inapplicable,
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