Public Hearing and Ordinance - Beer and Wine Separation Variance - 3225 N. Town East Blvd (V0226-0042)

Staff Report & Agenda Item Details

A public hearing was held to consider an ordinance approving a variance request for 3225 North Town East Boulevard. Adam Bailey, Director of Planning and Development Services, stated that the City of Mesquite requires businesses selling beer or wine to be located a minimum of 300 feet from a public or private school. This distance is measured in a straight line from the school’s property line to the property line of the place of business. The applicant is requesting a variance from the 300-foot separation requirement to allow Towneast Food Mart to sell beer and wine at a proposed service station and convenience store that received zoning approval in January 2026. Based on the survey submitted by the applicant, the subject property is approximately 100 feet from the Mesquite Academy property line. However, the entrance to the proposed building at 3225 North Town East Boulevard is approximately 407 feet from the side entrance of Mesquite Academy and approximately 502 feet from the school’s main entrance. Mr. Bailey stated that In December 2018, the City Council passed an ordinance establishing a variance process that could allow businesses that sell beer and wine to be less than 300 feet from churches and schools. The ordinance gives Council the authority to approve such variances on a case-by-case basis when a request is found to be "...not in the best interest of the public, constitutes waste or inefficient use of land or other resources, creates an undue hardship on an applicant for a license or permit, does not serve its intended purpose, or is not effective or necessary, or for any other reason the City Council determines, after consideration of the health, safety and welfare of the public and the equities of the situation, that the variance is in the best interest of the community." Mr. Bailey stated that the applicant is requesting that consideration of this ordinance be postponed to the April 6, 2026, City Council meeting. No one appeared regarding the proposed ordinance. Mr. Casper moved to keep the public hearing open and postpone consideration of the ordinance to the April 6, 2026, City Council meeting. Motion was seconded by Mr. Murden. On call for a vote on the motion, the following votes were cast: Ayes: Casper, Murden, Green, Rodriguez-Ross Nayes: Hubacek, Smith Absent: Alemán Motion carried.

This motion is scored as RESTRAINS_GOVERNMENT (Impact Weight: 7.0/10). Under the Bastiat Liberty Watchdog Index, voting YES on measures that cap or reduce ad valorem tax burdens, expand taxpayer exemptions, retire debt early, enforce competitive bidding caps, or remove regulatory/zoning barriers to private property rights earns a positive Pro-Liberty score.