Planning & Zoning approves Gumby’s CUP

After over a year in business without serving alcohol, Gumby’s is bringing back its request for a Conditional Use Permit (CUP)

On Tuesday evening San Marcos’ Planning and Zoning Commission approved a CUP for the sale of mixed alcoholic beverages at the pizza restaurant.

In 2017, Gumby’s attempted to obtain a CUP for alcohol sales — and was given a thumbs up by P&Z — but denied by the City Council after Kathryn Dillon, owner of the Crystal River Inn appealed the request.

The restaurant proceeded to open without alcohol sales in 2018, and operates every day from 11 a.m. – 4 a.m.

Now that the CUP has been approved by P&Z, the item will move to City Council for final consideration.

During public comment, seven individuals spoke in favor of granting Gumby’s the CUP, including the owners, Forest and Adam Higdon. According to City Planner Tory Carpenter, the City received 21 letters/emails and one phone call in support of the CUP.

“We are very much so a restaurant that is just looking to be on the same competitive footing as many of the other pizzerias in San Marcos that have been granted the same permit we are asking for tonight,” Forest Higdon said.

Dillon, who opposed the permit in 2017, spoke in favor of the CUP during Tuesday’s meeting and said she’s never had a single problem with Gumby’s.

“They’ve been great neighbors, so as far as the late night racket if the alcohol is cut off at whatever point y’all choose I’m okay with that,” Dillon said.

William Agnew was the only resident to speak in opposition to the permit.

P&Z voted unanimously to grant a CUP to Gumby’s with the following conditions: the permit shall be valid for one year, provided standards are met; the permit shall be posted in the same area and manner as the Certificate of Occupancy; live music shall not be allowed outdoors or in any unconditioned areas; and the applicant shall not apply for a Late Hours TABC permit.