O-2014-3536 variance Section 6-2 of Code of Ordinances,allowing sale of alcoholic beverages,on-premises consumption,Broadway Cafe, located 1023 S. Broadway St.

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school or public hospitalare waived for the purposes of the variance request filed by Jaime Suarez on behalf of V&V Suazca Investments, Inc. D/B/A Broadway Cafe, for the property located at 1023 S. Broadway St., legally described as Lots 3-10, Block 64, Town of LaPorte, and which premises is located within 300 feet of the property line of La Porte High School, a public school, and such variance application is hereby granted, but subject to the following conditions: (a) This variance shall be applicable only to applicant V&V Suazca Investments, Inc. D/B/A Broadway Cafe and the premises located at 1023 S. Broadway St., and shall not transfer to any successor company or entity of applicant. (b) The sale of alcohol beverages shall be limited to on -premises consumption. (c) This 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 on thepremises of 1023 S. Broadway St. for a period of twelve or more successive calendar months. Section 2: The La. Porte City Council determines that enforcement of the distance requirements in the case of Broadway Cafe, located at 1023 S. Broadway St. is 1) is not in the best interest of the public; 2) constitutes waste or inefficient use of land or other resources; 3) creates an undue hardship on an 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 of the public and the equities of the situation, is not in the best interest of the community; and in consideration of these factors, that the granting of the variance applied for by Broadway Cafe, with the conditions described herein, should be granted. Section 3: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other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 of this ordinance be held 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 part 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 Council officially finds, determines, recites and declares'that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is posted at a place convenient to the public at the City Hall of the city for the time required by law