Mayor Coleen J. Seng today vetoed a resolution passed by the City Council August 11 granting Jax Beverages the authority to sell alcohol for consumption on the premises at its location at 2711 South 48th Street.
Approval of a special use permit to sell alcohol on the premises requires a 100-foot separation between the premises where alcohol is sold and a residential district. Jax is about 61 feet from a residential district and a residence to the west. The City Council can waive this separation requirement if it finds that the potential adverse impact can be mitigated. The staff of the Lincoln-Lancaster County Planning Department and the Planning Commission both recommended denial of the request because the traffic, noise and other activity “would disturb the peace and enjoyment of the neighbors.”
“This was reinforced by the testimony, letters and petitions of dozens of residents in this area,” wrote Mayor Seng in her veto letter to the City Council. “This request must be viewed as a land use issue, and not on the basis of sympathy for the current applicant who may or may not own and operate this proposed business in the future. Additionally, approval of this special permit sets an unfavorable precedent. All new applicants could point to this Council’s vote to waive the 100-foot separation in this situation as a reason they should be allowed a similar waiver.”
This is Mayor Seng’s first veto since taking office in May.