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					Urban Planning and Land Use

701 North 7th Street, Room 423 Kansas City, Kansas 66101 Email: planninginfo@wycokck.org

Phone: (913) 573-5750 Fax: (913) 573-5796 www.wycokck.org/planning

To: From: Date: Re:

Unified Government Board of Commissioners City Staff May 1, 2008 Petition #SP-2008-9 (081022)

GENERAL INFORMATION
Applicant: Dennis Zolotor Status of Applicant: Owner Safe and Sound Consultants LLC. 3136 South 73rd Terrace Kansas City, KS 66106 Requested Action: Special use permit approval for an internet safety, security, environmental health consulting and firearms sale business out of the home. Date of Application: February 15, 2008

Purpose: To operate a home based internet business

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Property Location: 3136 South 73rd Terrace Existing Zoning: R-1 Single Family District R-1 Single Family District R-1 Single Family District R-1 Single Family District R-1 Single Family District

Existing Surrounding Zoning: North: South: East: West: Existing Uses: North: South: East: West: Total Tract Size:

Single family homes Single family homes Single family homes Vacant property owned by applicant

0.5 acre

Master Plan Designation: The K.C.K. Land Use Plan designates this property as Low Density Residential Major Street Plan: 73rd Terrace is a residential street Advertisement: The Wyandotte Echo – March 20, 2008 Letters to Property Owner - March 17, 2008 and April 16,2008 April 14, 2008 and May 1, 2008

Public Hearings:

Public Opposition: There were five (5) persons in opposition at the April 14, 2008 City Planning Commission meeting.

PROPOSAL
Detailed Outline of Requested Action: Dennis Zolotor, owner of Safe and Sound Consultants LLC, is seeking special use permit approval for an internet safety, security, and environmental health consulting and firearms sale business out of his home. City Ordinance Requirements: 27-1251 through 27-1270

FACTORS TO BE CONSIDERED
1. The Character of the Neighborhood. The neighborhood is residential in character. 2. The zoning and uses of properties nearby and the proposed use’s expected compatibility with them.

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The zoning and use of the surrounding properties are set out above. The proposed business is not compatible with the adjacent homes. 3. The suitability of the property for the uses to which it has been restricted. Will removal of the restrictions detrimentally affect nearby property. Firearms of any kind in a neighborhood can create some legitimate concerns among neighbors. The applicant has submitted several letters from people in the neighborhood that are in support of the application. The only way for staff to gauge neighborhood concerns would be at the public hearing. Their concerns or lack thereof should help dictate if this application is appropriate for the area. 4. The length of time the property has remained vacant as zoned. The property is currently the home of the applicant 5. The degree of conformance of the proposed use to the Master Plan. N/A 6. Whether the proposed use will result in increasing the amount of vehicular traffic to the point where it exceeds the capacity of the street network to accommodate it. With a business of this type, this is not perceived to be an issue. 7. Whether the proposed use is reasonably necessary for the convenience and welfare of the public and will not substantially or permanently injure the appropriate use, visual quality, or marketability of adjoining property. A business such as this, run out of a home, is not a necessary convenience to the public. But, the business if properly run and supervised, should not create an adverse affect on nearby property. 8. Whether the noise, vibration, dust, or illumination that would normally be associated with such use is of such duration and intensity as to create problems for near-by property. The obvious issue would be with noise. Using a firearm within city limits is illegal. The applicant has specified that no weapons will be fired on the premises. If this is true, there will be no issues with the points listed above 9. Whether the proposed use will pollute the air, land or water. N/A

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10. Whether the use would damage or destroy an irreplaceable natural resource. N/A 11. The relative gain to the public health, safety, and welfare as compared to the hardship imposed on the individual landowner or landowners. N/A 12. Whether the proposed use would result in overcrowding of land or cause undue concentrations of population. N/A

PREVIOUS ACTIONS
No previous action has been taken on this case.

NEIGHBORHOOD MEETING
The applicant held a neighborhood meeting on Monday, March 31, 2008. Two neighbors were in attendance. The minutes from the meeting are attached below.

KEY ISSUES
Neighborhood concerns Amount of inventory on the premises Ammunition Projected sales

PLANNING COMMISSION RECOMMENDATION
The Planning Commission voted 7 to 0 to recommend approval of Special Use Permit #SP-2009-9, subject to: Urban Planning and Land Use Comments: With all facts considered, staff recommend the following stipulations if approved by the Commission. The applicant shall have: 1. No signs. 2. No employees other than members of the immediate family residing on the premises. 3. No more than two (2) clients at any one time. 4. Hours of operation being M-F 6PM-9PM and Sa-Su 10AM-6PM.

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5. Ammunition on the premises shall be limited to the amount that is for the applicant’s personal use only.

STAFF COMMENTS AND SUGGESTIONS
The staff concurs with the recommendation of the City Planning Commission and notes that by code this permit can only be approved for two (2) years.

STAFF RECOMMENDATION
Staff recommends that the Board of Commissioners make the findings contained within the staff report related to Factors to be Considered, and Key Issues and recommend APPROVAL of Petition #SP-2008-9 subject to all comments and suggestions outlined in this staff report.

ATTACHMENTS
April 14, 2008 City Planning Commission Minutes Vicinity Map Applicants’ Letter Neighbors’ Letter Neighborhood meeting minuets Neighborhood meeting sign in sheet

REVIEW OF INFORMATION AND SCHEDULE
Action Planning Commission Unified Government Commission
May 1, 2008 Public Hearing April 14, 2008 Special Use Approval

STAFF CONTACT:

J. Bradley Munford

Jmunford@wycokck.org

MOTIONS
I move the Unified Government Board of Commissioners APPROVE Petition #SP-20089 as meeting all the requirements of the City code and being in the interest of the public health, safety and welfare subject to such modifications as are necessary to resolve to the satisfaction of City Staff all comments contained in the Staff Report; and the following additional requirements: 1._________________________________________________________; 2. _____________________________________________________; And 3. ________________________________________________________.

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OR
I move the Unified Government Board of Commissioners DENY Petition #SP-2008-9, as it is not in compliance with the City Ordinances and as it will not promote the public health, safety and welfare of the City of Kansas City, Kansas; and other such reasons that have been mentioned. April 14, 2008 City Planning Commission Meeting 081022 SPECIAL USE PERMIT APPLICATION #SP-2008 –9 – DENNIS ZOLOTOR/SAFE & SOUND CONSULTANTS – SYNOPSIS: Special Use Permit for an in-home business for safety, security, environmental health consulting and firearms sales on a custom-order and internet basis at 3136 South 73rd Terrace Ms. Parker stated that the following items should be included as part of the record for this case: 1. 2. 3. 4. 5. 6. 7. The City’s currently adopted zoning and subdivision regulations; The official zoning map for the area in question; The City’s currently adopted Master Plan for the area in question; The staff report and attachments dated April 14, 2008; The application and other documents, plans, pictures and maps submitted by the applicant in furtherance of the case and contained in the official file; The Notice in the Wyandotte Echo dated March 20, 2007; The notices to property owners, dated March 17, 2008.

Ms. Parker asked if any member of the Planning Commission had any contact to disclose concerning this case. (No one responded in the affirmative.) Mr. Dennis Zolotor, 3136 South 73rd Terrace, applicant, appeared in support of this application. He stated that for the past 18 years he has been a federal firearms licensee and has run a firearms business out of his home. He has also for the past 12 years had an environmental health and safety consulting business out of his home. He is requesting this special use permit to continue operating out of his home. Chairman Walden asked if he built his home with his business in mind? Mr. Zolotor stated yes; his home is four years old. There were five persons present in opposition to this application, including the following who spoke. Mr. Kevin Kelley, 7350 Oliver Avenue, stated that he is in opposition to this special use permit as his concern is with establishing a retail business in the neighborhood. He submitted a petition signed by five property owners. He stated that not everyone could be present this evening in opposition. Chairman Walden asked if they were notified of the neighborhood meeting. Mr. Kelley stated yes, but he was not able to attend. He wrote the applicant and let him know that based on the establishment of a retail business in the neighborhood, he was not going to support it. Ms. Karen Hernandez, 3128 South 73rd Terrace, stated that she, her husband and children moved here six years ago. It is a quiet neighborhood and is off the beaten path

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with nothing like this in mind or they would not have considered relocating here. They moved the family because they were in a high risk area so they know what can happen. They are trying to protect their boys and raise them until they can go out on their own. They feel that this application puts their family at risk. She does not think that the applicant could guarantee their safety no matter what he did. It is his business if he wants to put his family at risk and she does not see that her family, being nearly in his back yard, needs to be put at risk because of his decision. She further stated that if they had wanted to stay in an area where their children were at risk, they could have done so with a lower mortgage. Chairman Walden asked what is the specific risk she is talking about? She stated that it is her understanding that people are not checked out until they are on his property. There are plenty of people who may have an interest in just purchasing a firearm; however, if you do not know that the people have bad intentions until they are on your property, and her children are outside playing, her children are at risk also. Ms. Karen Rocha, 3000 South 74th Street, stated that she has four young children and she would like to echo Mrs. Hernandez’s statements. She stated that the building that the neighborhood meeting was held, The Shawnee Civic Center, does not allow guns nor does the building the meeting is being held in tonight; but they are being asked to allow a gun shop in their neighborhood. She stated that they did not choose to move next to a retail business or a gun shop, but that is what this would be. She is not in opposition to the consulting business, but the selling of the guns. Some people would like to say that it is a safe business because the background check is not done until they are on the premises. Mr. Zolotor has taken great steps to protect his family with an alarm, quad-camera on his premises, reinforced doors, bank vault where he keeps the guns, etc. but that does not protect the neighborhood. He also sells ammunition with the guns. He does not keep a large amount, but it is there and presents a danger to the neighborhood. She further stated that he is a fellow parishioner and their children are friends and she would not want to get in the way of his business without a good reason. But he admits that this business does not provide him an income stream so he could find a shop somewhere. If it is not big enough to provide him with an income stream to open up a shop, that means that saying no to him would not provide a huge hardship on his family. She would ask that the petition be denied. Ms. Mary R. Hunt, 7360 Oliver, stated that her house is the first house built in this area and she has been there since 1976. She would echo the previous comments. She is not in favor of opening the area to a commercial business nor guns being sold in the neighborhood. She stated that she has a particular reason for not having guns around as in her earlier life she was threatened. Her house is the first house and would be a logical place to stop if you did not know where the gun dealer was. She has an alarm and the last time it went off it took the police 40 minutes to get there and she would not want to be in jeopardy from someone looking for a gun and wait 40 minutes for the police to get there. Mr. Zolotor stated that he has Bachelor’s Degree in security management with a minor in occupational health and safety from Central Missouri State University and graduated from the law enforcement academy. He has run the firearms business for the last 18 years and the Federal Government has checked his background and licensed him continually for the last 18 years. He understands the concept of a gun causes some

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people concerns, it is legal to own one. In the last 18 years he is not aware of any of his customers who have committed a crime with a firearm or a crime that would prohibit them from having a firearm. He does do a background check on every customer that wants to purchase a firearm and that is done over the internet and if the internet is down, he can do it over the phone via an 800 number. The concern that they are not checked out until they get to the home, he explained at the neighborhood meeting that having been in the law enforcement and security business for a number of years, he has a good read on people. He talks to them on the phone and when they come over they have to fill out the Federal paperwork and as they are filling out the paperwork, he is constantly questioning them and getting a feel for who they are. In 18 years he has not had any concern for the safety of his family or himself. He further stated that Mrs. Rocha’ s husband wrote a letter in support of the business and they are three tenths of a mile down the road on a secluded piece of property and her house is 100 yards off the main road and it is protected by a barbed wire fence and “no trespassing” signs. He stated that it is unlikely that anyone would mistake her house for his house. He believes that she runs a business out of her home as an attorney. With regard to the ammunition, he does advertise it for sale but he cannot compete with Cabela’s or WalMart. On the rare occasion that one of his distributors offers a discount price, he has advertised it to his customers on his website and he has yet to sell any ammunition. All the ammunition on the premises is his personal ammunition. He stated that the business does provide a secondary income for his family so it is incorrect to assume that it does not. He put in excellent security in the home when he built it so he could operate this business out of his home. He built a vault that doubles as tornado shelter and firearms storage. They have an alarm system, camera system and reinforced doors. Planning Commissioner Schwartzman asked how he advertises? Mr. Zolotor stated that it is mostly word of mouth from his customers. Now that the internet has taken off there are a couple of auction websites that he advertises on and he gets a few customers that want to transfer guns. They have already purchased them, but they need a Federally licensed firearms dealer to transfer them through. They will contact him and he will have the guns shipped to him and they will come to his premises. He will then do the background check on the premises. He does not have a walk in business; it is a custom order business. Chairman Walden asked how he gives directions to his customers? Mr. Zolotor stated that he gives them directions over the phone and it is confusing once they cross over from Johnson County into Wyandotte County. Several customers map quest the address. Chairman Walden asked how he would describe to a customer to get to his house? Mr. Zolotor stated that most of his customers are coming from the Johnson County side so he tells them from Shawnee Mission Parkway and Pflumm, come north on Pflumm and at 55th Street it will changed into Quivira Drive. Keeping north and turn north on 48th Street into Quivira Highlands neighborhood and the first left you can take is Mullen. Go about 100 yards over a hill and you will cross the county line. Mullen then changes to 74th Street and the first right is Oliver Avenue and the first right off of Oliver is 73rd Terrace and there are two houses in the cul-de-sac and his house is the steep driveway at the top of the hill.

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Planning Commissioner Hurrelbrink stated that the weapons leave his house in a personal vehicle and he asked how the weapons arrive at his home? Mr. Zolotor stated Post Office, UPS, Federal Express or DHL. It is the standard mode of transportation. Mr. Hurrelbrink asked if it is an issue with them hauling firearms? Mr. Zolotor stated no. Mr. Hurrelbrink asked if they are hand guns or long guns? Mr. Zolotor stated both. Planning Commissioner Watson asked if he does reloading? Mr. Zolotor stated yes. He has reloaded in the past as a hobby and he has reloading equipment. He has never had a problem. Most of the ammunition he reloads is full metal jacket and copper jacket equipment. Mr. Zolotor stated that safety has always been his primary concern. Because he took safety so seriously he has incorporated safety into his hobbies as well. He is a NRA firearms instructor, instructor for law enforcement pistol and shot guns for civilian rifle, pistol and shot gun, instructor for personal protection in the home and personal home defense and an instructor for reloading. He is a Kansas conceal carry handgun instructor as well. Planning Commissioner Angelotti asked how many people come to his home on a weekly basis? Mr. Zolotor stated that last year he sold 26 guns which averaged two sales per month. He does not have people coming in and out on a daily basis. Planning Commissioner Bohon asked what kind of inventory he keeps at the house? Mr. Zolotor stated that he has 26 guns in his inventory and the majority is a collection of his brother-in-law that he wanted to sell. He has since decided not to sell them and has moved out of state and has not made arrangements to get them yet. If he did not have them on the books, he would only have two to five in inventory. Mrs. Bohon asked if he has been operating in this home? Mr. Zolotor stated yes, he has been operating for the last three years here. He did not know that he needed the special use permit until he was relicensed by the Bureau of Alcohol, Tobacco and Firearms; they told him that he needed to get the special use permit to meet local regulations. Mrs. Rocha stated that Mr. Zolotor stated that he sold 26 guns last year but he also does transfers which is when someone purchased a gun off the internet and it has to go through a licensed firearms dealer in order for the buyer to obtain the gun. He does transfers for $20.00 per transfer. She stated that he said that he did not think that anyone would mistake her house for his house and she would agree. Her concern is that someone who just bought a gun from him might want to try it out in the woods around her house where her children might be playing. She does not operate a business out of her home as an attorney. She is a licensed attorney and has been inactive for 12 years. Mr. Zolotor stated that he believes that Mrs. Rocha’s fears are unfounded as nothing like she has described has occurred in his 18 years of operation. If you look at statistics on conceal carry or statistics from the National Safety Council, firearms owners tend to be some of the most law abiding citizens and they are very concerned with safety and following the letter of the law. He has never heard of anyone purchasing a gun and taking it out and test firing it out of a gun store or in a neighborhood. He also does not understand Mrs. Rocha’s issue since she does not live in his neighborhood.

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Chairman Walden asked in the sale of his guns in the past, he understands that he does not typically sell ammunition to them? Mr. Zolotor stated that is correct. Chairman Walden asked if any of his customers have left the premises with ammunition? Mr. Zolotor stated no, in the last 15 years he cannot remember selling ammunition to a customer at all. They come and pick up their firearm and leave. Chairman Walden stated that he does not know that they do not have ammunition in their car. Mr. Zolotor stated that is correct. He stated that one of the neighbors who wrote a letter in favor, Mr. Wyrock, asked that question before he wrote the letter in support and he explained to him that almost all of his customers are already licensed as conceal carry people from the State of Kansas, so they would be perfectly legal to load their firearm in their car and carry it. Planning Commissioner Bohon asked with regard to the transfers, how many did he do last year? Mr. Zolotor stated six; it has not been a high volume issue. He would like to advertise more and have more inventory that he puts out on the internet in the auctions. He would like the transfers to be the bigger part of the business instead of people coming over and picking them up. He also stated that he does not think that there is a safety issue for the children. His children play with the Hernandez children who bring their air soft guns over and they play air soft guns several times a week. Planning Director Richardson stated that there are five stipulations in the staff report and the staff recommends approval with those stipulations. On motion by Mr. Angelotti, seconded by Mr. Hurrelbrink, the Planning Commission voted as follows on the motion to recommend APPROVAL of Special Use Permit #SP2008-9: Alvey Not Present Angelotti Aye Bohon Aye Dercher Aye Huey Not Present Hurrelbrink Aye Mohler Aye Schwartzman Aye Walden Chairman Walker Not Present Watson Aye Motion to recommend APPROVAL Passed: 7 to 0 Subject to: Urban Planning and Land Use Comments: With all facts considered, staff recommend the following stipulations if approved by the Commission. The applicant shall have: 1. No signs.

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2. No employees other than members of the immediate family residing on the premises. 3. No more than two (2) clients at any one time. 4. Hours of operation being M-F 6PM-9PM and Sa-Su 10AM-6PM. 5. Ammunition on the premises shall be limited to the amount that is for the applicant’s personal use only.

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Meeting Minutes for Neighborhood Meeting

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For Special Use Permit Petition #SP-2008-9 Monday, March 31, 2008 8:10 PM – 9:30 PM

I. In attendance were Dennis Zolotor the host of the meeting, Rick & Joyce Dunivan, and Karen Rocha. It was noted that Mrs. Rocha did not receive a notice of the meeting as she does not live within 200 feet of the applicant. Mr. Zolotor provided her with brochures describing his business products/services which were included with the letter to property owners within 200 feet. (Note: A map has been included with these minutes showing Mrs. Rocha’s property location in relation to the applicant. Her home is approximately .3 mile south of the applicant on 74th St., sits approximately 100 yards away from the road in a secluded forested lot, and the property is marked with ‘No Trespassing’ signs.) II. Mr. Zolotor began by welcoming the attendees and thanking them for taking the time to attend. He then explained that the purpose of the meeting was to address any questions/concerns they had about his application for a special use permit to conduct a business out of his home. Mr. Zolotor explained that he had been a Federal Firearms License holder for over 18 years, had almost always run it as a home-based business, and had been running this business out of his current home for the last 3 years under his old license. He advised that a BATF agent had recently conducted an audit of his records in order to renew the license, which has already been approved and issued, but the BATF was requiring his to also comply with local regulations, hence the need for the special use permit. Mrs. Rocha inquired if Mr. Zolotor used to live in Shawnee & when he moved to KC, KS he had to meet this zoning requirement that he didn’t in Shawnee. He replied that he had lived in Shawnee & never looked into the issue anywhere else he had lived as no one had made him aware it was part of the requirements of the FFL. Mr. Dunivan inquired as to the cost of the FFL. Mr. Zolotor answered that it was a 3 year license & the cost of renewal was $200. Mrs. Dunivan asked if Mr. Zolotor had been selling guns out of his home. Mr. Zolotor answered that he had sold guns out of the home, that he built his home with a home-based business in mind, that there is a home office with a separate side entrance, that since no one in the neighborhood had noticed that he did not believe there would be an adverse affect on the neighborhood. Mr. Dunivan commented that he had no idea that there was a home-based business at the home. Mrs. Dunivan asked if Mr. Zolotor had another location. He replied that all the business functions were located here & this was the only location for the business. Mr. Zolotor added that safety/security has always been one of his primary concerns. He explained that due to his professional background in corporate security and occupational safety, he also applied that training to his hobbies and approached most things from a safety/security perspective. This led him to obtain safety training in firearms and to obtain several certifications as a firearms instructor. He continued to explain his safety emphasis by highlighting his home’s security features. He explained that the home was built with both personal security and security for the home-based business in mind. All the exterior doors are hardened against attack, a professional alarm system is installed with yard signs & window stickers, a DVR camera system is installed, and the basement features a vault which has a concrete roof and 4-hour fire-rated bank vault door. This vault serves as both a tornado shelter and secure storage for firearms. Mr. Zolotor then explained that every firearm purchaser must complete the required federal paperwork and undergo an FBI background check which he conducts through the National Instant Criminal Check System (NICS) over the internet. Mr. Dunivan asked if everything was legitimate

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(meaning the buyers were legitimate). Mr. Zolotor replied that 90% of the time he receives a ‘Proceed’ from the FBI within a few minutes. Mrs. Dunivan asked if this check is done while the person is there. Mr. Zolotor replied that this is the case & by regulation he cannot conduct the background check before the customer arrives – it must be done while the customer is at the licensed premises. Mr. Dunivan asked if Mr. Zolotor had trained law enforcement. He replied that he had worked with the WYCO Sheriff’s office & assisted them with some firearms training when he worked for WYCO/KCK. Mrs. Rocha asked how many background checks were conducted last year & how many did not qualify. Mr. Zolotor replied that he sold 26 guns last year & all customer passed the background check. She then asked if most of the customers were from the local area. Mr. Zolotor replied that yes, that was the case, that most of his customers were personally known to him, some were soldiers at Ft. Leavenworth. She asked how customers find out about him. Mr. Zolotor answered that he is listed on the internet auctions as a dealer & he has a website. He then handed out a resume that he had put together for his membership application to the Mill Valley rifle club, so that attendees could see his background in firearms safety & certifications. Mrs. Rocha asked if Mr. Zolotor had any knowledge of any of the persons that he has sold or transferred guns to have been involved in criminal activity. He advised that he had no way to determine that, other than his repeat customers would not pass the background check upon their return if they had been convicted of a crime that prohibits firearm possession. Mrs. Dunivan asked if a new background check was conducted each time someone bought a gun. Mr. Zolotor advised that yes, each purchase required a new background check. Mrs. Rocha asked Mr. Zolotor how he felt as a father about having this kind of activity around his house, & wanted to know if it affected his children or his wife. He advised that his wife grew up with a father & brothers who hunted & safety has always been his primary concern, so he has taught his kids from a very young age the safety aspects of firearms handling, that he used to own a farm & taught all his kids to shoot from the age of 4. He added that he has taught his kids not to believe what they see on TV, that they have all fired guns & know how dangerous they are, & know they are not allowed to touch a gun without adult supervision. He also stated that when he was a Cub Scout Den Leader he taught the NRA’s Eddie Eagle Gun Safety program to the scouts & reinforced it at home with his children. Mrs. Dunivan asked if having strangers come into the home bothered him or his wife. He replied that it did not, that he got to know his customers pretty well over the phone before they arrived, that when there he was viewing their photo ID & conducting a criminal background check on them, that gun guys like to talk about guns & hunting trips, so it is pretty easy to gauge a person with all the interaction. He added that in 18 years as a dealer he only had one customer that he told not to come back, as the customer repeatedly asked Mr. Zolotor to meet him at his office for convenience, even after Mr. Zolotor told him on more than one occasion that what he was asking was illegal. Mrs. Rocha inquired what type of payment he accepted, cash or check. Mr. Zolotor replied either. She then asked if he required one form of payment over the other, to which he replied that he accepted either. She then asked if he accepted credit cards, which he said he did. He added that he has a Kansas Retail Sales Tax license & that this is a legitimate business. Mrs. Dunivan asked what the cost for a transfer was. Mr. Zolotor replied that it was $20. Mrs. Rocha asked if he had to pay a fee for the criminal background check, to which he replied no, it was funded at the federal level.

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Mrs. Rocha asked if any customers had ever had trouble finding his house. Mr. Zolotor advised that it had never been an issue, as he gave directions over the phone to his customers, they often used mapquest or google to get directions, and he has a google maps link on his website. Mr. Dunivan asked if all the customers used the back entrance. Mr. Zolotor replied that yes, they are all instructed to use the business entrance. Mrs. Rocha said she was afraid customers would get the address wrong and end up at the wrong house asking for their gun. Mr. Zolotor stated that he never considered it an issue, & that it hadn’t happened in 18 years. Mrs. Rocha asked what the business hours would be. Mr. Zolotor advised that was an issue that needed to be addressed, as the Planning Dept. had recommended 8-5, but the hours on the FFL application are M-F 6PM-9PM, Sa-Su 10AM-6PM. Mrs. Rocha asked if this was a hobby. Mr. Zolotor advised that it started off that way in 1989, but he has worked hard over the last few years to build this business as a secondary income stream, that he has produced brochures and built a website to advertise his business. Mrs. Dunivan asked if guns were the only products that people came to the home to pickup. Mr. Zolotor replied that was the case, all his other products would be shipped. Mr. Dunivan inquired about the speed of the background check. Mr. Zolotor advised that he usually had a result returned from the FBI within 5 minutes. Mr. Zolotor then explained the ‘Denied’ process – that the customer could not take the gun with them at the time & he had to wait for the FBI to return a ‘Proceed,’ but if they did not return a ‘Proceed’ within 3 days, the customer could pick up the gun. Denials are rare, usually do to an identity theft issue, and 99% of the time it is a ‘Proceed.’ III. Mr. Zolotor showed a copy of the letter announcing the Planning Commission meeting on 4/14/08 @ 6:30 PM, & announced the date & time. He explained that it is the Planning Commission that will review the application & vote to send the issue before the full Commission. Mr. Dunivan asked what sort of vote would send this to the full Commission. Mr. Zolotor stated that he did not know, but assumed that the Planning Commission would follow the advice of the Planning Dept., based on the meeting minutes & feedback from neighbors. IV. Mr. Zolotor then read the Factors to be Considered and Staff Comments & Suggestions sections from the Planning Department Application. Mrs. Dunivan asked if the approval of the special use permit was permanent. Mr. Zolotor advised that it was a 3 year permit & then he would have to re-apply to renew it. Mrs. Rocha stated that when you buy something expensive you want to see how it works, but your customers can’t do that? Mr. Zolotor advised that all customers would have to go to a gun range to test fire their gun. Mrs. Rocha asked if ammunition would be sold. Mr. Zolotor advised that he advertised that ammunition was available, but the reality was that even buying by the case he could not offer a price attractive enough to beat Wal-Mart of Cabelas (since they buy by the trainload), and hadn’t sold ammunition to a customer in approximately 15 years. Mrs. Rocha asked if permits or licenses were required for ammunition purchases. Mr. Zolotor stated that there were none required. Mrs. Rocha then stated that she didn’t want someone driving down the street trying out their new product in her yard. Mr. Zolotor dismissed this issue by explaining that gun owners were demonstrated to be some of the most law abiding people, that his customers had just passed an FBI criminal background check & were trusted by the federal government to own a gun, that most of them were Concealed Carry permit holders & were trusted by the State of KS to carry a gun. (It should be noted here that this concern of Mrs. Rocha has never become a reality in the 18 years Mr. Zolotor has been engaged in the business.) Mr. Zolotor noted that the people he dealt with appeared to be very safety conscious. Mr. Dunivan stated that criminals would not go through Mr. Zolotor as an avenue to purchase a gun, due to the background check requirement. Mrs. Dunivan asked if customers came over by appointment only.

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Mr. Zolotor advised that was the case. Mr. Dunivan asked if Mr. Zolotor felt uncomfortable about someone could he deny them the sale of the gun. Mr. Zolotor stated that he could & that he would have no reservations denying the sale if he felt the person was acting in a strange manner. Mrs. Rocha stated that is the type of client you just want to give them the gun & tell them to get out. Mr. Zolotor disagreed stating that if he had reservations about a person he would refuse the sale & send the gun back to the original owner via another dealer, not give the person the gun. Mr. Dunivan stated that the people they would worry about (from a criminal perspective) wouldn’t go through you to get a gun. Mrs. Dunivan inquired if there was a way to contact the police in case of an emergency. Mr. Zolotor advised that he could push a panic button on the alarm panel that would notify the alarm company to call the police.

V.

Additional Questions

Mrs. Rocha asked why not get an office, & stated that Mr. Zolotor knew his customers but she didn’t. Mr. Zolotor answered that the business was not yet big enough to justify the expense of a lease/rent. She then stated that she had heard of break-ins where criminals wanted to get guns, & wanted to know what precautions were taken against this. Mr. Zolotor highlighting for a second time his home’s security features. He explained that the home was built with both personal security and security for the home-based business in mind. All the exterior doors are hardened against attack, a professional alarm system is installed with yard signs & window stickers, a DVR camera system is installed, and the basement features a vault which has a concrete roof and 4-hour fire-rated bank vault door. This vault serves as both a tornado shelter and secure storage for firearms. Mrs. Dunivan stated that she just wanted to know that it was safe. Note: Mr. Zolotor felt that Mrs. Rocha’s questions were unnecessarily intrusive and personal in nature. Her questions centered around how I would provide safety & security for my family & why I would allow my children to be around firearms. She even asked directly how much profit was made from each sale & indicated that she did not want to take any money away from my family, but wanted to gauge how much income I generated in order to determine how much she would be affecting my family if she opposed the permit. Since she does not live in the neighborhood, it was difficult to understand her interest in this issue.

#SP 2008-9

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#SP 2008-9

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