PILLAR: Growing
AGENDA DATE: June 10, 2026
COUNCIL DISTRICT(S): 5
DEPARTMENT: Department of Planning and Development
PRIORITY: Comprehensive and Land Use
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SUBJECT
Title
A public hearing to receive comments on an application for and a resolution granting a variance to the alcohol spacing requirements from a private school [Annie W Blanton Elementary School], as required by Section 6-4 of the Dallas City Code to allow a wine and beer retailer’s off-premise permit (BQ) to Chapter 26 of the Texas Alcoholic Beverage Code, for a general merchandise or food store greater than 3,500 square feet [La Michoacana Supermarket] in a D-1 liquor control overlay district on the north line of Bruton Road and east of McKim Drive - AV256-003 / CPR-26-000179 - Financing: No cost consideration to the City
*In alignment with ForwardDallas.
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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 April 23, 2026, by La Michoacana Supermarket. Annie W Blanton Elementary School, a public school, bounded by Greenmound Avenue, McKim Drive, Fairhaven Lane, and Blanton Street, north of the request site, creates the need for the variance.
The request site is in a retail shopping center zoned Community Retail CR with a D-1 liquor control overlay district. The retail center contains various retail, and personal service uses along with general merchandise or food store uses. The applicant is proposing to open a new general merchandise or food store greater than 3,500 square feet to sell wine and beer for off-premise consumption.
While the required spacing from a public school is measured property line to property line, the walking distance from the entrance of the private school (Annie W Blanton Elementary School) to the entrance of general merchandise or food store greater than 3,500 square feet (La Michoacana Supermarket) is approximately .41 miles. Since the request is in a shopping center with a walking distance of over .41 miles from the protected use, staff has no objection to this request. If a variance is granted for this location a Specific Use Permit SUP is required.
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 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, 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 Resolution No. 11-2856; Ordinance No. 28444.
On September 26, 2012, 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 Resolution No. 12-2386; Ordinance No. 28799.
On 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 Resolution No. 14-0251; Ordinance No. 29261.
FISCAL INFORMATION
No cost consideration to the City.
OWNERS/EXECUTIVES
RO Member GP, L.L.C
Rafael Ortega (100% member), Managing General Partner
EO Member GP, L.L.C.
Elvira Ortega (100% member), General Partner
MAP
Attached