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Commission approves special-use permit for convenience store without fuel on the Square

5598216 · June 11, 2025

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Summary

The Planning Commission voted 7-0 to approve a special-use permit allowing a convenience store (no fuel) at 104 East Lexington Avenue. Staff conditioned approval on a certificate of occupancy, business license, health permit and compliance with use regulations.

The Independence Planning Commission on June 10 approved a special-use permit by a 7-0 vote to allow a convenience store without fuel sales at 104 East Lexington Avenue on the downtown square.

Planning staff said the site is in a historic commercial area and currently contains a three-story building with commercial suites at street level and four residential units above. The proposed convenience store will occupy an existing commercial suite and require only interior shelving, refrigeration and a soda fountain.

Jeremy Munden, the applicant, said he plans to operate a convenience store to serve the Square. "I mean, obviously, I'm trying to start a convenience store on the Square to serve the Square," Munden said.

Staff recommended approval with conditions: obtain and maintain an Independence business license (Chapter 5), obtain a certificate of occupancy for the commercial space in accordance with City Code Section 14-7-0-8, comply with use regulations in Section 14-4-2-6 and maintain an Independence health permit (Chapter 11).

Why it matters: City code requires a special-use permit for convenience stores located within 500 feet of residences, parks or schools; staff said residential uses along Kansas Avenue brought the 500-foot buffer into play. The conditions require separate approvals for food-service and any later liquor license application.

During the hearing commissioners asked whether the unit faces Main Street or Lexington; staff clarified the commercial suite’s primary entrance faces Lexington Avenue. Staff also explained that the city allows incidental tobacco or vape sales as a minority portion of a convenience-store business, but any application to sell alcohol would require a separate licensing process and council approval.

Action: The commission moved and approved the special-use permit 7-0. Staff and the applicant said they anticipate proceeding to any additional license or permitting steps required before opening.

Clarifying details: staff indicated the commercial space is roughly 988 square feet and that the building lot has very little side or rear yard; the store will be located within an existing commercial footprint and no exterior changes were proposed.