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Posted: 5/12/2014 12:41:01 PM EDT
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Ok so here I am with all the business side done in regards to opening a shop and applying for a FFL. Called early last week to speak with the zoning supervisor and was told the location I would use would be fine. Now they kind of back track and then seem like they are now trying to cover the back track. Below is my whole email conversation. It's is a long read but if you read it what's your take on if they will tell the atf I'm g2g?
Sent from my iPhone Begin forwarded message: From: zoning supervisor Date: May 12, 2014 at 4:11:49 PM EDT To: me Cc: person that issues letters & zoning chief Subject: RE: Zoning Approval - Xxxxxxx, As I stated previously I don't believe your use is consistent with the use "retail sales". This is a business office and not open to the general public or walk-in traffic. Sales that may occur, occur as a result of a scheduled appointment between two individuals conducting business. I've copied the Current Planning Chief to see if he also agrees with this interpretation. Regards, Xxxxxx xxxxxxx, AICP Zoning -----Original Message----- From: me Sent: Monday, May 12, 2014 2:43 PM To: zoning supervisor Cc: person who issues letters Subject: Re: Zoning Approval - Good Afternoon, I would like to follow up on the email below and also add a little bit of information as well. I have also been looking at possible alternative locations within the budget needed for rent/leasing and ran into somewhere that I found to be interesting and was curious if maybe they have obtained some kind of variance to operate. I came across a business/storage place at xxxxxxxxxxxxx which is advertising that they are zoned IL and per their words “means you can run just about any business.” Since this zoning is the same I am currently trying to open under I would curious as to who they may have as businesses. I found that at xxxxxxx there is “Business name” which is a retail outlet of trophies, plaques and similar items. Since Retail sales are prohibited (per below), did they have to obtain a variance of some sort to operate? I attempted to locate the public tax records but was unable to find it for this business. They also have other outlets within the same complex per the pictures on their site (Owners of the xxxx property) but was only able to find information on the “master property” not the individual ones within it. If I am unable to operate any retail sales under the Permitted uses #4 or #16 with being less than 10% of the existing company/building and only utilizing an office within the business, I ask what can be done to have a possible exception made? Also, if I have to go the exception route, how long does this process typically take as I have already formed the LLC, obtained my local business receipt as well as all taxing information filed (Federally and state use tax) at the xxxxxxxxxx location at the completion of the phone conversation early last week. If at all possible, I would rather not have to go through the process of an exception of variance if not needed as I am not the property owner and am getting a gracious opportunity to have my shop at low cost by the property owner. I don’t want to put any extra headache on them and risk losing out on a location for my business. I have also been told by the ATF that they will issue the license with provisions as in the location must not exceed 10% of the building etc. An estimate of the office that will be used is approx. 12’x12’ at most. I will gladly submit the request for the zoning letter and pay the $67 fee involved if I could have someone with knowledge of the situation provide the response. My fear is that if I just submit it, that the party reviewing will think that I intend for the whole property to be retail which isn’t the case and only a very small portion would be dedicated to retail. The zoning is the only thing currently holding up the submission of my application for my Federal Firearms License and being able to start the business with its intended use of transferring and special ordering of firearms. Thank you again for your assistance. I am just wanting to get everything taken care of the correct way as soon as possible. Sent from Xfinity Connect Mobile App -----Original Message----- From: me To: Zoning supervisor Cc: person who issues letter Sent: May 9, 2014 at 3:32 PM Subject: Re: Zoning Approval - Good afternoon, Thank you for the prompt response. The license I am seeking from the ATF is a type 01 license which is a dealer in firearms. When we spoke I believe you were reviewing the IL zoning guidelines as there were a few that were quoted. I believe those would be #4 business and professional office, #16 retail sales of less than 10% of the floor plan, and #19 retail sales of heavy machinery. My situation would primarily involve #4&16. The current facility is a metal fabrication shop and my intentions are to use the office within the shop as my business location. This office being less than 10% of the building. With the requirements of the ATF and dealing with firearms the actual transfer of the firearm to a individual has to be conducted at the business location (in the office within the building) . It is not going to be a full blown retail outlet like the larger shops in town and would have minimum inventory which would be stored off site. As for customers, the only time anyone would be coming to the property is to complete the transfers which would be by appt only. There would be no signage indicating it as being a firearms location and no walk up customers unless by appt. The license I am seeking also does not allow for the manufacturing of firearms, only the selling of them. To wrap it all up, the location for the firearms business would be less than 10% of the floorplan. It would be "retail" sales by appt only with no outside advertisement. Traffic into the property would be minimum with maybe 5-10 people at most weekly. The building currently has fabrication/machining shops on either side of it as well. The property has a large front lot which is surrounded by approx 8ft fencing and gated so when customers are there they would not have any parking issues or have a need to use the road for parking. http://www.coj.net/departments/planning-and-development/docs/district-summaries/industrial-light-_il__april-2014.aspx Sent from Xfinity Connect Mobile App -----Original Message----- From: Zoning supervisor To: me Cc: Person who issues zoning letters Sent: May 9, 2014 at 2:42 PM Subject: RE: Zoning Approval - Xxxxx, Please go to the below link for obtaining zoning confirmation letters. The property is zoned IL - Industrial Light and allows for a business office. My understanding was this functions as a business office in that there is no manufacturing of firearms, retail sales of firearms, and no customers come to the premises to do transactions. http://www.coj.net/departments/planning-and-development/docs/applications/request-for-zoning-confirmation-080113.aspx If you have any questions or require additional information, please let me know. Regards, Xxxxxx xxxxxx, AICP Zoning Administrator -----Original Message----- From: me Sent: Friday, May 09, 2014 2:26 PM To: Zoning Subject: Zoning Approval Good Afternoon Xxxx We spoke earlier this week in regards to opening a firearms business within the existing business at xxxxxxxxxxx. I would be utilizing an office within the building as my business location. I spoke with the ATF field office today and they stated that they will also contact the local zoning office to verify that they can issue a license to deal in firearms per local zoning of the location. My question is the following. Is there anyone in particular that they should contact or that I could refer them to or would I be able to obtain an approval letter prior to my sending of the application to have included with said application? I ask in regards to a person in particular as when I called the rep I originally spoke to wasn't too familiar with how the process of the shop operates thus the reason I was transferred to you. If an approval letter can be issued prior to submitting the application, what would be needed on my end to obtain this letter? Thank you in advance for any assistance you can provide as well as the assistance provided thus far. Rxxxx Rxxxxxxx Sent from Xfinity Connect Mobile App |
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Update.....
From: me To: Chief & supervisor Cc: Sent: May 12, 2014 at 5:15 PM Subject: Re: Zoning Approval - I thank you all for your assistance with this. Prior to the issuing of the license the ATF will also verify with the local zoning that it would be ok to issue. Would it be acceptable to have either of you as a reference/contact point of them for the verification? Prior to the check in from them I would just reply to the email below as a refresher on the background if acceptable. Again, I greatly appreciate all of the time and assistance. Xxxxxxx xxxxxxxxxxx Sent from Xfinity Connect Mobile App -----Original Message----- From: Chief To: me, Supervisor Cc: Person that issues letters Sent: May 12, 2014 at 5:07 PM Subject: RE: Zoning Approval - I concur with Mr. Xxxxx. We typically have someone do an exception for retail sales in IL if the retail component is the primary activity. In this case, the retail component is incidental and subordinate to the primary activity. Xxxxxxxxxxxx, Chief Current Planning Division Planning and Development Department |
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