San Marcos City Council To Hold Special Meeting, Public Hearing For Eskimo Hut CUP Appeal

According to the agenda, the appeal was filed on behalf of “Eskimo Hut regarding the planning and zoning commission’s decision to deny the Conditional Use Permit application to allow the sale of beer and wine.”

Staff Reports
The San Marcos City Council will hold a special meeting Wednesday evening, January 2, to hold a public hearing and receive comments for or against an appeal filed by Aquarena Plaza, LLC.

According to the agenda, the appeal was filed on behalf of “Eskimo Hut regarding the planning and zoning commission’s decision to deny the Conditional Use Permit application to allow the sale of beer and wine.”

The proposed Eskimo Hut location is 1504 Aquarena Springs Drive Ste. 11. The San Marcos Planning and Zoning Commission denied the CUP for the property on November 13, 2018.

The original applicant was requesting a CUP to sell alcohol to go, to walk up and drive thru customers. The property owners proposed to sell the beverages in sealed plastic bags, a method that has been approved by the Texas Alcoholic Beverage Commission.

However, Chief Chase Stapp of the San Marcos Police Department expressed concerns about the sale of “to go” alcoholic beverages; his concerns addressed the likelihood that the beverages would be consumed while the vehicle was in operation.

According to staff, the property does meet the 300-foot door to door requirement from Single Family zoned property, but the drive-thru exists in close proximity to two single-family homes.

The proposed hours of operation are 12 PM to 12 AM Monday thru Saturday and 12 PM to 10 PM on Sunday. *Staff corrected the proposed Sunday Hours*

The original applicant has agreed to serve drinks in paper, plastic or reusable containers. The motion to deny the request passed with a 6 to 2 vote with Commissioners Lee Porterfield and Mike Dillion voting no.

According to the agenda, if City Council chooses to approve the request, staff will recommend four conditions on the CUP.

1. Permit shall be valid for one year, provided standards are met.
2. Drinks shall not be served in foam-based containers.
3. The permit shall become effective upon the issuance of the Certificate of Occupancy.
4. The permit shall be posted in the same area and manner as the Certificate of Occupancy.

The special meeting will begin at 5:30 PM in the City Council Chambers at City Hall.