The city’s first variance request under its alcohol zoning rules resulted in no action being taken by the Clarendon Board of Aldermen last Tuesday, August 26.
Patricia Krichhoff, representing Grumpy’s Pizza, addressed the board in public comments and said they have received no negative comments from the public since posting their notice of intent to apply for an alcohol permit back in May.
Grumpy’s Pizza hopes to open in October in the former Howell’s Chili House building next to the Donley County VFW Post on the southeast corner of US 287 and Faker Street. However, rules adopted by the city earlier this year prohibit the sale of alcohol within 300 feet of a church. Grumpy’s, the city says, is 8.5 feet too close to the Agapé Church located on the southwest corner of the same intersection, when the distance from front door to front door is measured by state guidelines.
Kirchhoff said Grumpy’s would offer pizza and Italian fare, and she said their calculations show the sale of beer and wine at the restaurant would put the establishment in the black.
Mayor Pro-tem Sandy Skelton, presiding in the absence of Mayor Larry Hicks, said that Grumpy’s is a business; and while the city board is pro-business, they have not heard directly from members of the Agapé Church regarding the restaurant’s request.
Alderman Doug Kidd said he had talked to Pastor Anthony Knowles who said he would not come to a meeting and that the church was happy with the rules that had been adopted. Alderman Beverly Burrow also said she had talked to the pastor who told her while the church welcomes the business as a neighbor it did not care for alcohol and said it was up to the city to make the rules. Burrow also said she did not want to weaken the alcohol zone.
“If we start inching back, where do we stop?” Burrow asked.
Alderman John Lockhart said the city needed to consider what opportunities are available for businesses.
“We have to look at where land is available for new businesses,” Lockhard said. “We have a standard that will continue to landlock us.”
The board agreed to take more time to study the issue and will revisit it during their regular meeting next week.
In other city business, the board appointed Alderman Kidd to fill an unexpired term on the board of the Clarendon Economic Development Corporation, approved a cooperative agreement with the Portal to Texas History at the University of North Texas to digitize and make historic city records available online, and approved having Foster & Lambert conduct the audit of fiscal year 2014 books.
Aldermen also approved paying off the city’s Asphalt Zipper with surplus m onies in the interest and sinking fund and applied the remainder of that surplus to the principal of the city’s tax notes.
Skelton updated the board on efforts to clean up tires at two local businesses. Citations against the firms were voided after it was discovered the city also had a stockpile of old tires, and efforts are now underway to pursue a grant that could pay for a trailer where tires could be collected and hauled off through the Panhandle Regional Planning Commission.
There is a responsibility for the City Counsel to meet variance issues. TABC section 109.33 e allows cities to grant variances. Current standards include Retailers permits ( Chapter25 of TABC) serving beer and wine with food. Food sales will still be the required main sales of the business. City Counsel members may deny a variance because, the variance is not in the best interest of the public, constitutes waste or inefficient use of the land, is not effective or necessary, for any reason that it causes health, safety and public welfare problems. They may grant the variance because, it is in the best interest of the community, it allows the business equal ground with neighboring businesses, it would cause a hardship on the business to be unable to compete, it is established in a wet area, it renews abandoned property, provides jobs for the community.
If a variance is granted City Counsel may impose reasonable standards ie..a variance may not be transferred to another location or alcohol permit holder. The public may object and said alcohol license may be petitioned for revocation.
If a variance is not granted City Counsel members may find themselves in Donley County Court or the TABC courtroom in Austin.
TABC has it’s authority from The Texas Legislature. The 21st Amandment of the United States Constitution requires legislative offices to promote the public’s interesting in the fair, efficient, and competitive marketing of malt liquor, ale, and beer.
Oops it should say Amendment. Please note that the City Counsel meets this evening to vote on the variance issue. Patricia Kirchhoff plans to be there for Grumpy’s Pizza.
Tonight’s meeting saw the increase of taxes for Clarendon pass and No support for the Alderman who motioned that the 8 ft. Variance be given to Grumpy’s Pizza.
The proposed new restaurant requested a variance so beer and wine could be served with food. This source of new revenue was rejected.
The meetings. In clarendon are useless. The elected people dont midn raising taxes on the people but they don’t want to help businesses get started .The city council raised taxes last night but were to chicken…. to let a business compete with other businesses for alcohol revenue. There is no leadership in clarendon. There are two people who seem to have conflicts of interest and should not be making decisions for anyone. There are two more on the council who dont know what to think until the mayor tells them what to think. There seems to be only 1 person who has the city’s best interest in mind who has a vote. Is there no one who wants this city to move into the 21st century? They dont have a city manager evidently because no one knows who is in charge in clarendon.
No one on the city council knows anything about who works for the city or if anyone is managing employees. The city is in dire need of leadership. They need younger people on the city council who understand what a variance is and how to grow the economy.