David Filipwicz, who has owned Smokejack BBQ in downtown Alpharetta since 2004, applied for a variance from the alcoholic beverage license minimum distance requirements at 241 South Main St. in Alpharetta to open a new southern food restaurant with walk-up counter service, catering pickups, and deliveries, in addition to a place where people can sit and eat on the premises.
Among several restrictions, to obtain an alcoholic beverage license in Alpharetta the location cannot be within 200 feet of any private residence (unless that residence sits within a commercial district), within 300 feet of any public library, within 300 feet of the property line of any church, or other place used exclusively for religious services, or within 300 feet of any school.
The location at 241 South Main St. meets all distance requirements except the distance between a school. This location is 82-feet from the Amana Academy property line.
The city was able to grant a variance to the minimum distance requirement because the location has previously been operated as a licensed eating establishment within the five years immediately preceding the application and will be physically separated from the school by Roswell Street.
Further, the location already has an existing commercial kitchen, the proposed variance is not based on a desire to reduce cost of developing the site nor will it diminish surrounding property values, and the proposed variance will also have no material effect on the Amana Academy property.
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