Ordinance No. 10,202ORDINANCE NO. 10,202
• AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
GRANTING A VARIANCE TO SECTION 6 -2 OF THE CODE OF ORDINANCES,
CITY OF BAYTOWN, TEXAS, TO SAAB PETROLEUM CORPORATION TO
ALLOW THE ISSUANCE OF WINE AND BEER RETAIL OFF - PREMISE PERMIT
FOR A PROPOSED CONVENIENCE STORE TO BE LOCATED AT THE CORNER
OF W. BAKER ROAD AND N. MAIN STREET; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
WHEREAS, Saab Petroleum Corporation plans on building a convenience store, retail lease
spaces and a car wash at the corner of W. Baker Road and N. Main Street; and
WHEREAS, Saab Petroleum desires to obtain a wine and beer retail off - premise permit to sell
beer and wine at the proposed convenience store; and
WHEREAS, the planned development is within 300 feet of a day care facility; thus the Code of
Ordinances prohibits the sale of alcoholic beverages at the site; and
WHEREAS, the City has recently received a request for a variance from the application of
Section 6 -2 of the Code of Ordinances to allow the issuance of a wine and beer retail off - premise permit
for the convenience store; and
WHEREAS, because of the following factors, the City Council of the City of Baytown desires to
allow a limited variance to Section 6 -2 of the Code of Ordinances to allow the issuance of a wine and beer
retail off - premise permit for the new convenience store to be located at the corner of W. Baker Road and
N. Main Street:
➢ a convenience store currently is located across the street from the proposed convenience
store;
➢ the existing convenience store is closer to the day care than the proposed convenience
store; and
➢ the day care was established after the existing convenience store obtained its wine and
beer retail off - premise permit; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby finds that the above -
referenced recitals are true and correct.
Section 2: That the City Council of the City of Baytown hereby grants a variance to Section
6 -2 of the Code of Ordinances, City of Baytown, Texas, to Saab Petroleum Corporation to allow for the
issuance of a wine and beer retail off - premise permit for a proposed convenience store to be located at
the corner of W. Baker Road and N. Main Street. Such variance shall be granted for a twelve -month
period commencing on the date of the passage of this ordinance. Should a wine and beer retail off -
premise permit not be issued on or before November 9, 2006, this variance will automatically expire.
Section 3: This ordinance shall take effect immediately from and after its passage by the
City Council of the City of Baytown.
•
• INTRODUCED, READ AND PASSED by the affirmative vote of the City Council of the City of
Baytown this the I 01 day of November, 2005.
CALVIN MUNDINGER, Mayor
ATT
IN KMAU;F; Interim CAClerk
APPROVED AS TO FORM:
NACIO RAMIREZ, SR., City A o ey
® RAKaren \Files \City Council \Ordinances \2005\November 10\ Variance4AIcoholicBevcragePermit4SaabPetroleumConvenienceStore .doc