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Council grants alcohol-sales variance for new Milwaukee restaurant despite daycare nearby
Summary
Council granted a variance from the 300-foot separation requirement for an on-premises wine-and-beer permit for a restaurant at 6620 Milwaukee Ave., Suite 700; a daycare about 125 feet to the south had not responded to notice.
Lubbock City Council unanimously approved Oct. 14 a variance from the city's 300-foot separation requirement to allow Shanghai and Tokyo Cafe to apply for an on-premises wine-and-beer permit at 6620 Milwaukee Ave., Suite 700.
Zoning and development staffer Kristen Sanger (presenter) explained that the proposed restaurant site is approximately 125 feet from a daycare to the south (measured property line to property line) and about 310 feet from a school to the west; the school distance meets the 300-foot requirement but the daycare does not. Sanger said the daycare was built in 2023 and that staff had notified the daycare but received no written response.
Councilmembers discussed the city's practice of granting variances and whether the council should revisit the ordinance for consistency. City Attorney Wade and others noted the 300-foot distance is set by state law and that state law also permits a local governing body to grant variances based on the totality of circumstances.
Several councilmembers said they were uncomfortable routinely granting variances and suggested reviewing the ordinance for clearer standards; others said denying the variance would unfairly punish a proposed business locating in a commercial area. After discussion, council granted the variance by voice vote.
