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Gary council declines to approve rezoning at 5339 West Denthood Avenue; petitioner expected to supply renderings
Summary
After discussion about missing architectural renderings and the 90-day deadline, the Gary Common Council voted to deny CPO 2025-42, a rezoning petition for 5339 West Denthood Avenue, with the option to reconsider once the petitioner submits the requested renderings.
On Sept. 16, 2025 the Gary Common Council considered CPO 2025-42, a third-reading rezoning petition for 5339 West Denthood Avenue seeking to change the zoning from R-1 to B-1 to allow a retail building. Attorney Malena summarized the petition: the petitioner intends to build a three-unit retail structure totaling about 6,000 square feet (one ~3,000-square-foot unit and two ~1,500-square-foot units). The plan had a positive recommendation from the City Plan Commission on June 18 (PC number 225-2025-11), the attorney said.
Council members said they had requested a rendering of the proposed building during prior hearings and that the petitioner had not delivered it before the statutory 90-day action deadline. Council members expressed reluctance to allow the ordinance to automatically “improve” by default and debated denying the petition with a commitment to reconsider once renderings are provided.
Petitioner representative Attorney Lewis told the council a firm had been engaged to prepare the drawings but the renderings were not finished in time; he said the drawings would be ready in about one additional week. Council members voiced concern about imposing costly architectural requirements on a small-business petitioner while also noting the council’s obligation to satisfy public-notice and documentation standards.
A motion to approve was on the floor. The council recorded a final vote of six no and one abstention; the ordinance failed. Council members said they would entertain a future motion to reconsider if the petitioner submits the requested renderings in advance of a subsequent meeting.
Key details recorded at the meeting
• Petition: CPO 2025-42, rezoning request for 5339 West Denthood Avenue from R-1 to B-1 to permit retail uses. • Proposed building: described by counsel as approximately 6,000 square feet total, with one 3,000-square-foot unit and two 1,500-square-foot units. • Plan Commission: positive recommendation on June 18, referenced as PC number 225-2025-11. • Council action: motion to approve was on the floor; final recorded outcome was failure (6 no, 1 abstention). The council stated it would reconsider if required renderings are supplied before a future vote.
Why this matters
Rezoning would change allowable land use and enable commercial development at the specified address. Council members balanced the petitioner’s interests against documentary standards and neighborhood review; they denied the petition rather than allow it to automatically take effect without the requested visual materials.
What happens next
The petitioner’s attorney told the council renderings should be available within about a week; the council said it would accept a motion to reconsider at a future meeting should the petitioner provide the materials.
