PILLAR: Growing
AGENDA DATE: October 22, 2025
COUNCIL DISTRICT(S): 14
DEPARTMENT: Department of Planning and Development
PRIORITY: Comprehensive and Land Use
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SUBJECT
Title
A public hearing on an application for and a resolution granting a variance to the alcohol spacing requirements from a public school, North Dallas High School, as required by Section 6-4 of the Dallas City Code to allow a mixed beverage permit pursuant to Chapter 28 of the Texas Alcoholic Beverage Code, for a restaurant without drive-in or drive-through service with a food and beverage certificate (Toastique), on the northeast line of Blackburn Street, northwest of McKinney Avenue - AV245-003 / CPR-25-001332 - Financing: No cost consideration to the City
*In alignment with ForwardDallas.
Body
BACKGROUND
Section 6-4 of Chapter 6, “Alcoholic Beverages,” of the Dallas City Code allows Council to grant a variance from the usual spacing required between an alcohol business and a protected use. The usual spacing requirement is 300 feet in a direct line from the property line of the public school to the property line of the place of business.
The standard for approval of the variance is that:
A. the application is for one of the following permits pursuant to the following chapters of the Texas Alcoholic Beverage Code:
(i) a brewer’s permit, Chapter 12;
(ii) a distiller’s and rectifier’s permit, Chapter 14;
(iii) a winery permit, Chapter 16;
(iv) a wine and beer retailer’s permit, Chapter 25;
(v) a wine and beer retailer’s off-premise permit, Chapter 26;
(vi) a mixed beverage permit with a food and beverage certificate, Chapter 28; or
(vii) a manufacturer’s license, Chapter 62.
B. the application is for one of the following land uses:
(i) general merchandise or food store use with 10,000 square feet or more of floor area
(ii) restaurant without drive-in or drive-through service with a food and beverage certificate pursuant to the Texas Alcoholic Beverage Code;
(iii) alcoholic beverage establishment limited to a microbrewery, microdistillery, or winery; or
(iv) alcoholic beverage manufacturing.
C. alcoholic beverages will not be sold by drive-in or drive-through service; and
D. enforcement of the spacing requirements in this particular instance:
(i) is not in the best interest of the public;
(ii) constitutes waste or inefficient use of land or other resources;
(iii) creates an undue hardship on an applicant for an alcohol permit;
(iv) does not serve its intended purpose;
(v) is not effective or necessary; or
(vi) for any other reason that the City Council, after consideration of the health, safety, and welfare of the public and the equities of the situation, determines is in the best interest of the community.
An application for a waiver of the spacing requirements was submitted on September 3, 2025, by Toastique. North Dallas High School, a public or private school located on the southwest line of North Haskell Avenue of the request site, creates the need for the variance.
The request site, zoned Subdistrict C within Planned Development District 305, is developed with a restaurant. The restaurant is located on the northeast line of Blackburn Street, northwest of McKinney Avenue. The school is located behind the restaurant, and the entrance of the school is facing North Haskell Avenue. While the 300 feet required spacing from a public or private school is measured in a direct line from the property line of the public or private school to the property line of the place of business, the walking distance measured door-to-door from the entrance of North Dallas High School to the entrance of the Toastique is approximately 550 linear feet.
Due to the location, the protected use being located behind the restaurant facing North Haskell Avenue, and the walking distance being over 500 feet, staff has no objection to this request.
This item requires two seconds to pass.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On November 9, 2009, the City Council approved an ordinance amending Section 6-4 of Chapter 6 of the Dallas City Code, establishing authority and procedures for the City Council to grant an application for a variance to the spacing requirements for an alcohol business from a public or private school pursuant to Texas Alcoholic Beverage Code Section 109.33(e), by Resolution No. 09-2831; Ordinance No 27747.
On October 26, 2011, September 26, 2012, and January 22, 2014, the City Council authorized an ordinance amending Section 6-4 of Chapter 6 of the Dallas City Code to amend the standards for approval of applications for variances from the spacing requirements for alcohol permits by Ordinance Nos. 28444, 28799, and 29261.
FISCAL INFORMATION
No cost consideration to the City.
OWNERS/EXECUTIVES
WVII, LP
Robert W. Bagwell, Limited Partner
UP/ WVII, General Partner
Toastique - DBOSS LLC
Dilpreet Singh, Managing Member
Brinderjeet Sidhu, Managing Member
MAP
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