After more than two hours of discussion where over thirty residents and council members shared their views, the Irving City Council voted unanimously to reject Kroger's request for a variance to be able to sell alcohol in their South Irving store.
The Kroger store on MacArthur and 6th Street is less than 300 feet from Haley elementary school.
During the City Council meeting on Thursday night, Kroger was represented by Gary Huddleston, Director-Consumer Affairs. Mr. Huddleston explained how the South Irving store's profits are considerably less than the other three stores in Irving, pointing specifically to sale of alcohol. He warned that "this variance is a big factor in the future of our store." Mr. Huddleston also presented 300 letters of support from Irving residents. The Irving Chamber of Commerce had previously passed a resolution supporting Kroger's case.
Some residents in opposition to the variance questioned why the city council is considering it in the first place. Mayor Gears explained that the ordinance does provide the city council with the power to decide on a variance only within the heritage district.
At end, the opposition won the case and Kroger was denied the variance.
In related news, Don Wilson, chairman of South Irving Property Owner's Association (SIPOA), circulated an email with the following information, "A note of caution: while researching this situation, we discovered stores that have been granted a license to sell beer and wine that do not qualify based on their proximity to a school. SIPOA will contact the city to find out what can be done to rectify this situation. If a citizen was found in violation of a zoning code there would be consequences even if the mistake was caused by a mistake of the city. The commercial sites should be held to the same scrutiny and have their license to sell beer and wine revoked immediately."