Merrillville zoning board approves special exception for proposed gas station, sends plan to Town Council

The Town of Merrillville Zoning Board voted 4–1 to recommend a special-exception allowing a fueling station and convenience store at a commercial property, and will forward the application to the Town Council for final approval.

Attorney Kylie Woodward, representing Most Stop Incorporated (the petitioner), told the board the project would revitalize a long-vacant property and provide a convenience for local motorists. "I think about this project as really a revitalization to an abandoned area," Woodward said, and added the petitioner plans to operate a branded fueling station and in-store food service.

Why it matters: the site is in a C2 community commercial zoning district and the petitioner requested relief under section 21-136 of the town code; the property sits on Broadway near Andrean High School, officials said, and board members focused discussion on ingress/egress and environmental safeguards for on-site fuel tanks.

The petition as presented by staff requested approval for three fueling pumps and a convenience store, with proposed hours of operation of 5:00 a.m. to 10:00 p.m. and four employees on site for this use. The staff report described the proposed use as "consistent with surrounding commercial development" and said existing access, drainage and utility infrastructure would be maintained and upgraded as necessary.

Woodward said the petitioner (referred to in the hearing as Mr. Prince) has invested in nearby properties and has not been cited at other sites. She also told the board the applicant would use current containment and monitoring systems and perform monthly checks on tanks to limit safety risks: "we will be using the most up-to-date systems. We'll be checking on them monthly," she said.

During board questions, an architectural representative explained that access would be configured as right-in/right-out on Broadway and 61st Avenue to limit U-turns and reduce conflict with through traffic. The applicant said the building footprint would be reduced compared with prior site structures and that outreach to neighboring landowners had not produced written objections.

A board member reported that the ward councilwoman is not in favor of the development; the councilwoman did not appear and did not provide a name on the record. The transcript contains inconsistent address references in the record: staff text lists the site address one way, while the applicant's attorney used a different street number. That discrepancy is noted in the public record and will be clarified before the Town Council review.

Motion and vote: the board moved to approve the special exception limited to this petitioner, this location and this use. The motion passed on a recorded vote of four in favor and one opposed. Board members recorded in the transcript as voting yes included Chairman William Buyers, Christopher Melon and Pete Gibb; Tim Fortier recorded a dissenting no vote. The board chair said staff will place the item on the Town Council agenda and notify the petitioner of the date.

Next steps: the Town Council has final authority; the zoning board's action is a recommendation subject to the council's consideration. Any required permits, site upgrades, or conditions imposed by the council or permitting agencies will be part of subsequent reviews.

(Address note: the transcript contains two different street numbers for the site; the town record and the applicant's submittals will be used to confirm the correct legal address before council review.)