Gary council rejects rezoning for East 40th gas station after residents raise safety, nuisance concerns

The Gary Common Council voted 8–0 on March 18 to deny CPO 2025‑07, a rezoning petition to change 717 through 731 East 40th Avenue from B‑1 to B‑5 so a petitioner could operate a gas station and convenience store.

Residents who live near the site urged the council to reject the rezoning during multiple public comments. Sandra Wilson, who said she lives at 4926 Georgia Street, told the council a gas station at the proposed location would bring “fire, explosion, toxic fumes, ground water contamination, loud music, shooting, killings, selling of drugs, gang activity,” and other harms to the neighborhood. Carolyn McCrady, who identified herself as an opponent of CPO 2025‑07, said the petitioner’s existing stations appear “unclean” and poorly maintained and argued the council should deny the rezoning rather than allow another station with similar conditions.

Attorney Robert Molina provided the council with a procedural overview before the vote, noting the petition seeks rezoning to B‑5 to permit gas stations and that the Plan Commission had not recommended approval. “The Plan Commission had three abstentions, two approvals and one no vote,” Molina said, adding that the council must weigh statutory rezoning factors including public health, safety, and compatibility with the comprehensive plan.

Council members first approved an amendment by substitution to correct a typographical error in the ordinance’s first paragraph; that amendment passed 8–0. After brief discussion, the council then took the final roll‑call on the rezoning. The clerk recorded 0 yes and 8 no votes, and President Latham announced CPO 2025‑07 failed.

At the March 18 meeting several speakers also asked questions about related issues including inspections, employment at the petitioner’s existing stations, and potential environmental risks. Dee Crossley asked about electric‑vehicle charging options and whether the city inspects the petitioner’s other locations; Crossley said she owns electric vehicles and questioned whether a new gas station would serve local needs. Attorney Molina said the petitioner had provided information requested by the council, including a list of the addresses of existing stations, on March 3.

Because the rezoning failed, the property will remain in its current B‑1 zoning; the petitioner would need to pursue a new application or other avenues permitted under the zoning code if they wish to seek a different outcome.

Votes and formal actions recorded at the March 18 meeting show the council unanimously approved the technical amendment to CPO 2025‑07 (8–0) and then unanimously denied final passage of the ordinance (0–8).