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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 10"Street <br /> Bentonville, Arkansas 72716 <br /> Attention: Amber Lee Williams <br /> (479) 204-2649 <br /> B. PROPERTY OWNER: Wal-Mart Real Estate Business Trust <br /> 2001 SE 10'Street <br /> Bentonville,Arkansas 72716 <br /> C. PROPERTY ADDRESS: 700 West Ireland Road <br /> South Bend, Indiana 46614 <br /> D. STATEMENT OF SPECIAL EXCEPTION RE UEST <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 falls under the classification of a "gun shop", thus <br /> requiring a Special Exception. <br /> E. 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 existing retail store; sold as a part of a urge 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 />