La Porte board denies special-exception request for smoke and vape shop at 1408 E. Lincoln Way

The La Porte Board of Zoning Appeals denied a special-exception request to permit a smoke and vape shop in a unit at 1408 East Lincoln Way.

The applicant, who identified himself only as Adam and gave an address in Bloomington, said he has a lease on a small retail unit, has purchased merchandise and obtained state and county tobacco licenses, and was seeking city approval to allow smoke and vape sales and to secure a sign permit. “We already got the place. We already have the merchandise there,” Adam said. He explained he learned the sign company needed city sign approval and was told the use now requires a special exception in the B-2 General Commercial zoning district.

David, city staff, presented the staff report for Special Exception Use 25-01. He said the city’s joint revised zoning ordinance (2017) was amended within roughly the last year to require special-exception approval for smoke, vape and tobacco shops in B-2 zones. David reviewed the eight decision criteria the board must consider and told the board staff finds the proposed use is not consistent with the countywide comprehensive land development plan and the character of the surrounding commercial area; staff recommended denial. “The proposed use to allow the smoke and vape shop will not be consistent with the character of the B-2 General Commercial Zoning District ... because of the negative impacts to the health, safety, and general welfare of the community,” David said.

Board members and staff discussed notice and how the applicant came to invest in build-out and merchandise before this hearing. Craig, city staff, explained the city’s permitting rules do not require a separate review unless there is a change of use that triggers site review; he said Indiana law limits some municipal transfer-stamp processes. “That's something we would have to discuss with our legal team,” Craig said when asked whether the city could change the process.

David noted the proposed unit is in a small multi-tenant retail building near other commercial properties and is roughly an eighth of a mile from a manufactured-home subdivision across East Lincoln Way; staff said the location’s prominence and proximity to sensitive areas weighed against approval. David also said the certified public-notice letters required by law were sent to property owners but that staff had not received responses from adjacent property owners.

Motion and vote: A board member moved, per staff recommendation, to deny Special Exception Use petition 25-01; another member seconded. The board recorded affirmative votes with no opposition voiced; the motion passed.

The transcript records the petitioner expressing frustration at having invested in the location and merchandise before the city’s special-exception requirement was applied for sign approval. The board did not record any approvals or waivers to allow the business to open prior to the applicant obtaining the city’s required approvals.

Votes at a glance

• Special Exception Use 25-01 (smoke and vape shop, 1408 E. Lincoln Way) — Denied (motion to deny per staff recommendation; vote: affirmative; no opposition voiced).