Laserfiche WebLink
PETITION FOR SPECIAL EXCEPTION <br />TO SOUTH BEND AREA BOARD OF ZONING APPEALS <br />A. PETITIONER: Wal -Mart Stores East LP, a Delaware limited partnership <br />2001 SE l0a' Street <br />Bentonville, Arkansas 72716 <br />Attention: Amber Lee Williams <br />i <br />C. <br />I" <br />E. <br />(479) 204 -2649 <br />PROPERTY OWNER: Wal -Mart Real Estate Business Trust <br />2001 SE 10' Street <br />Bentonville, Arkansas 72716 <br />PROPERTY ADDRESS: 700 West Ireland Road <br />South Bend, Indiana 46614 <br />STATEMENT OF SPECIAL EXCEPTION REQUEST <br />The Petitioner currently operates a Wal -Mart Supercenter at the property address <br />described above, selling a variety of goods and services, including sporting goods. The <br />store contains over 200,000 square feet of gross area. <br />The Petitioner is "re- introducing" the sale of firearms within its larger selection of <br />sporting goods, and pursuant to Section 21- 03.05(a)(2)(G) of the South Bend Zoning <br />Ordinance, the sale of firearms fails under the classification of a "gun shop ", thus <br />requiring a Special Exception. <br />STANDARDS FOR GRANTING A SPECIAL EXCEPTION <br />The South Bend Zoning Ordinance provides that a Special Exception must meet four <br />findings of fact. In addition to evidence that will be presented at the public hearing, the <br />Petitioner proposes the following findings: <br />(i) The proposed use will not be injurious to the public health, safety, <br />comfort, community moral standards, convenience or general welfare..... <br />because the proposed sale of firearms will be incidental and located within <br />an eykting retail store, sold as a part. of a large assortment of sporting <br />goods, and will be adequately secured at the point of sale. Thus, there will <br />be no perceptible increase in traffic or risk that the sale of firearms will be <br />an attractive nuisance. <br />(ii) The proposed use will not injure or adversely affect the use of the adjacent <br />area or property values therein..... because the adjacent properties are <br />commercially or industrially zoned and a variety of goods and services are <br />provided inside the store today, such that there will be no difference in the <br />