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RE 2007-0109.3 RESOLUTION NO. ZOO 7- () I 09. 3 A RESOLUTION OF THE OTY COUNCIL OF THE CITY OF COPPELL, TEXAS, GRANTING A DISTANCE VARIANCE OF TWO HUNDRED (200') FEET TO KROGER #448, LOCATED AT 950 E. SANDY LAKE ROAD, COPPELL, TEXAS, AS PROVIDED IN SECTION 6-16-2(H) OF THE CODE OF ORDINANCES OF THE CITY OF COPPELL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Article 6-16 of the Code of Ordinances places certain distance prohibitions from churches, schools, and day cares to businesses that sell or offer to sell alcoholic beverages; and WHEREAS, the City COWlcil may grant a variance to such business upon proof that the best interest of the public are not served by strict compliance with the regulations; and WHEREAS, Kroger #448 (hereinafter, "Applicant") is located within 300 feet of a church, school or day care; and WHEREAS, the Applicant has provided sufficient proof that such regulation constitutes waste or inefficient use of land, or create an undue hardship and is otherwise not effective or necessary after consideration of the health, safety and welfare of the public; and, WHEREAS, the City COWlcil has determined that the best interest of the commWlity will be served by a grant of such variance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That a variance of two hundred (200') feet shall be granted to Kroger #448, located at 950 E. Sandy Lake Road, Coppell, Dallas County, Texas, as provided in Section 6-16-2 (II) of the Code of Ordinances of the City ofCoppell. SECTION 2. That the variance granted herein is in personam to the above named Applicant and shall expire upon relinquishment of any permit authorized by the TExAs ALCOHOLIC BEVERAGE COMMISSION or its successor. SECTION 3. That this Resolution shall take effect immediately from and after its passage as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the 9th day ofJanwuy,2007. ATTEST: 2