HomeMy WebLinkAboutResolution No. PZ2024-23700�
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KENAI
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ2024-23
A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR A GUNSMITH BUSINESS.
APPLICANTS: David C Wolf
PROPERTY ADDRESS: 1540 Kittiwake Court
LEGAL DESCRIPTION: Lot 14, Block 1 of Leo T Oberts Subdivision, Addition No. 1
KENAI PENINSULA BOROUGH PARCEL NUMBER: 04946014
WHEREAS, a complete application meeting the requirements of Kenai Municipal Code 14.20.150
was submitted to the City on October 15, 2024; and,
WHEREAS, the applicant has demonstrated that the prerequisites of a Conditional Use Permit
have been met pursuant to Kenai Municipal Code 14.20.150; and,
WHEREAS, the City of Kenai Planning and Zoning Commission conducted a duly advertised
public hearing on November 13, 2024, following requirements outlined in Kenai Municipal Code
14.20.280 for public hearings and notifications.
WHEREAS, the Planning and Zoning Commission finds:
1. KMC 14.20.150(d)(1) The use is consistent with the purpose of this chapter and the
purposes and intent of the zoning district,
Findings: The proposed use is consistent with the purpose of the Kenai Zoning Code and
Land Use Table. The land use table indicates a gunsmith is a conditional use; therefore,
a conditional use permit may be granted for gunsmith business.
The RR Zone is intended to provide for low density residential development in
outlying and rural areas in a form which creates a stable and attractive residential
environment. The specific intent in establishing this zone is:
(1) To separate residential structures to an extent which will:
(A) Preserve the rural, open quality of the environment,
(B) Prevent health hazards in areas not served by public water and sewer.
(2) To prohibit uses which would:
Resolution No. PZ2024-23
Page 2 of 4
(A) Violate the residential character of the environment,
(B) Generate heavy traffic in predominantly residential areas.
The proposed use would not violate the residential character of the neighborhood as the
business would be conducted primarily online, through mail via the US Postal System.
They will be doing minor gunsmithing activities, Federal Firearms License (FFL) transfers
and online sales. Additionally, potential firearms to be transferred will be kept locked inside
a safe inside the garage, with no access to the public. The proposed use is not anticipated
to generate additional traffic, and as such there is adequate parking available. The existing
density would remain unchanged as there are no proposed alterations to the single-family
dwelling. Staff finds that the proposed use meets the intent of the RR zoning district.
2. KMC 14.20.150(d)(2) The economic and noneconomic value of the adjoining property and
neighborhood will not be significantly impaired,
Findings: Per the applicant, there will be no heavy machinery, additional facilities, noise
or traffic, or hazardous items available to the public. There will be no outside signage on
the premises, no will the address be listed or advertised. As such, there will be minimal
indications that there is a business in the single-family dwelling, so it will not impair the
economic or noneconomic value of the neighborhood and adjoining properties.
3. KMC 14.20.150(d)(3) The proposed use is in harmony with the Comprehensive Plan;
Findings: The Land Use Plan, from the 2016 Comprehensive Plan, identifies the subject
property with the Low Density Residential (LDR) land use classification. The LDR Land
Use Classification is defined in the Comprehensive Plan:
Mixed Use is intended for a compatible mix of residential, retail, service, office, public,
institutional and recreational uses. Uses are co -located in an integrated way that
supports sustainable forms of transport such as public transport, walking and biking,
and increases neighborhood amenities. Compatibility issues are addressed through
careful site layout and building design.
The surrounding uses are Residential to the north and east, the Kenai Spur Highway is to
the west and vacant residential to the west. Staff finds that new buffers are not required
as the subject property is adjacent to the Kenai Spur Highway to the west, a vacant lot to
the south, and single-family dwellings to the east and north. The intentions of the
Comprehensive Plan indicate the possibility of expanding the use of the area into
compatible retail, service, and office uses. Staff finds that this conditional use permit is
compatible to the proposed direction of the Comprehensive Plan.
In Imagine Kenai 2030 Comprehensive Plan, Chapter 6, "Goals, Objectives, and
Implementation", several goals and objectives are met from the proposed use.
Goal 1 — Quality of Life is to Promote and encourage quality of life in Kenai.
Objective Q-1
Ensure that Kenai is a community where people and property are safe.
Resolution No. PZ2024-23
Page 3 of 4
Goal 2 — Economic Development is to provide economic development to support the
fiscal health of Kenai.
Objective ED-2
Implement business -friendly regulations, taxation and incentives to create a stable,
positive climate for private investments.
Goal 3— Land Use is to implement a forward -looking approach to community growth and
development.
Objective LU-1
Establish siting and design standards so that development is in harmony and scale
with surrounding uses.
4. KMC 14.20.150(d)(4) Public services and facilities are adequate to serve the proposed
use;
Findings: City water and sewer are available and on site. The primary access is off of
Kittiwake Court, which is a City maintained road. Staff finds there will be no noticeable
increase to traffic on Kittiwake Court. As the business will be conducted primarily online,
no additional parking will be needed.
5. KMC 14.150(d)(5) The proposed use will not be harmful to the public safety, health or
welfare;
Findings: The subject property has adequate off-street parking and buffer for the proposed
use to minimize the impact to the surrounding area. The applicant indicates that the
property is protected by Vivant Alarms Systems and monitored via cameras and door
sensors. Any potential firearms to be transferred would be locked inside a safe, with no
access to the public. There will be no signage, and no increase in vehicle or foot traffic.
The Applicant will maintain a Federal Firearms License as part of the business, in order
to process background checks and to facilitate the transfer of firearms. Additionally, there
will be no discharge of firearms on the property, and thus will not violate Kenai Municipal
Code 13.15.010 — Discharge of Firearms.
Staff finds that the proposed use will not be harmful to the public safety, health or welfare.
6. KMC 14.150(d)(6) Any and all specific conditions deemed necessary by the Commission
to fulfill the above -mentioned conditions should be met by the applicant. These may
include, but are not limited to, measures relative to access, screening, site development,
building design, operation of the use and other similar aspects related to the proposed
use.
Findings: Staff finds that granting of a conditional use to operate a gunsmith business will
not cause any adverse impacts on the surrounding properties. Staff finds that additional
specific conditions are not deemed necessary to fulfill the above -mentioned conditions.
Resolution No. PZ2024-23
Page 4 of 4
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF
THE CITY OF KENAI, ALASKA:
Section 1. That a conditional use permit is granted to David C. Wolf for operating a gunsmith
business on a property described as Lot 14, Block 1 of Leo T Oberts Subdivision,
Addition No. 1, and located at 1540 Kittiwake Court.
Section 2. That the conditional use permit is subject to the following conditions:
1. Any development or use of the property shall comply with all applicable Federal, State of
Alaska, and City regulations regardless of whether or not the requirements are listed as
conditions for the approval of the Conditional Use Permit.
2. Upon request, the applicant or applicant's representative shall meet with City staff for an
on -site inspection.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA,
THIS 13th DAY OF NOVEMBER, 2024.
ATTEST:
aZ42�L_
Meghan Thibodeau, Deputy City Clerk
giAD. CHAI RSON
f
STAFF REPORT
�. PLANNING &ZONING DEPARTMENT
'r\'fENAI
TO:
Planning and Zoning Commission
THROUGH:
Kevin Buettner, Planning Director
FROM:
Beth McDonald, Administrative Assistant
DATE:
November 13, 2024
SUBJECT:
Resolution No. PZ2024-23 — Conditional Use Permit — Gunsmith
Request The applicant is requesting to operate a minor gunsmithing business
within the existing single-family dwelling.
Staff Adopt Resolution No. PZ2024-23 approving a Conditional Use Permit
Recommendation for Gunsmith business.
Applicants:
Property Owners:
Legal Description
Property Address
KPB Parcel No.:
Lot Size:
Zoning:
Current Use:
Land Use Plan:
SUMMARY
Arctic Wolf Arms - David C Wolf
David C Wolf
Lot 14, Block 1 of Leo T Oberts Subdivision, Addition No. 1
1540 Kittiwake Court
04946014
48308.04 square feet (1, 1 09-acres)
Rural Residential (RR)
Single -Family Dwelling
Mixed Use
The applicant is requesting to operate a minor gunsmithing business in the existing single-family
dwelling. This business will be primarily conducted online, with local Federal Firearms License
(FFL) transfers. A Conditional Use Permit (CUP) is required to operate a gunsmithing business in
the Rural Residential zoning district.
ANALYSIS
Pursuant to KMC 14.20.150(a), the intent of a conditional use permit is to allow some uses that
nnay be compatible with the designated principal uses in specific zoning districts provided certain
conditions are met. Prior to granting a conditional use permit, the Commission shall determine
that the identified criteria as outlined in KMC 14.20.150(e) Conditional Use Permits Review
Criteria are met.
Criteria 1: The use is consistent with the purpose of this chapter and the purposes and
intent of the zoning district.
Findings: The proposed use is consistent with the purpose of the Kenai Zoning Code and
Land Use Table. The land use table indicates a gunsmith is a conditional use; therefore,
a conditional use permit may be granted for gunsmith business.
The RR Zone is intended to provide for low density residential development in
outlying and rural areas in a form which creates a stable and attractive residential
environment. The specific intent in establishing this zone is:
(1) To separate residential structures to an extent which will:
(A) Preserve the rural, open quality of the environment,
(B) Prevent health hazards in areas not served by public water and sewer.
(2) To prohibit uses which would:
(A) Violate the residential character of the environment,
(B) Generate heavy traffic in predominantly residential areas.
The proposed use would not violate the residential character of the neighborhood as the
business would be conducted primarily online, through mail via the US Postal System.
They will be doing minor gunsmithing activities, Federal Firearms License (FFL) transfers
and online sales. Additionally, potential firearms to be transferred will be kept locked inside
a safe inside the garage, with no access to the public. The proposed use is not anticipated
to generate additional traffic, and as such there is adequate parking available. The existing
density would remain unchanged as there are no proposed alterations to the single-family
dwelling. Staff finds that the proposed use meets the intent of the RR zoning district.
Criteria 2: The economic and noneconomic value of the adjoining property and
neighborhood will not be significantly impaired.
Findings: Per the applicant, there will be no heavy machinery, additional facilities, noise
or traffic, or hazardous items available to the public. There will be no outside signage on
the premises, no will the address be listed or advertised. As such, there will be minimal
indications that there is a business in the single-family dwelling, so it will not impair the
economic or noneconomic value of the neighborhood and adjoining properties.
Resolution No. PZ2024-23
Conditional Use Permit
G unsmith Business Page 2 of 5
Criteria 3: The proposed use is in harmony with the Comprehensive Plan.
Findin-s The Land Use Plan, from the 2016 Comprehensive Plan, identifies the subject
property with the Mixed -Use classification. The MU Land Use Classification is defined in
the Comprehensive Plan:
Mixed Use is intended for a compatible mix of residential, retail, service, office, public,
institutional and recreational uses. Uses are co -located in an integrated way that
supports sustainable forms of transport such as public transport, walking and biking,
and increases neighborhood amenities. Compatibility issues are addressed through
careful site layout and building design.
The surrounding uses are Residential to the north and east, the Kenai Spur Highway is to
the west and vacant residential to the west. Staff finds that new buffers are not required
as the subject property is adjacent to the Kenai Spur Highway to the west, a vacant lot to
the south, and single-family dwellings to the east and north. The intentions of the
Comprehensive Plan indicate the possibility of expanding the use of the area into
compatible retail, service, and office uses. Staff finds that this conditional use permit is
compatible to the proposed direction of the Comprehensive Plan.
:fit .ILEVENT GOAL
In Imagine Kenai 2030 Comprehensive Plan, Chapter 6, "Goals, Objectives, and
Implementation", several goals and objectives are met from the proposed use.
Goal 1 — Quality of Life is to Promote and encourage quality of life in Kenai.
Objective Q-1
Ensure that Kenai is a community where people and property are safe.
Goal 2 — Economic Development is to provide economic development to support the fiscal
health of Kenai.
Objective ED-2
Implement business -friendly regulations, taxation and incentives to create a stable,
positive climate for private investments.
Goal 3— Land Use is to implement a forward -looking approach to community growth and
development.
Objective LU-1
Establish siting and design standards so that development is in harmony and scale
with surrounding uses.
Criteria 4: Public services and facilities are adequate to serve the proposed use.
Findings: City water and sewer are available and on site. The primary access is off of
Kittiwake Court, which is a City maintained road. Staff finds there will be no noticeable
increase to traffic on Kittiwake Court. As the business will be conducted primarily online,
no additional parking will be needed.
Resolution No. PZ2024-23
Conditional Use Permit
Gunsmith Business
Page 3 of 5
Criteria 5: The proposed use will not be harmful to the public safety, health or welfare.
Findings The subject property has adequate off-street parking and buffer for the
proposed use to minimize the impact to the surrounding area. The applicant indicates that
the property is protected by Vivant Alarms Systems and monitored via cameras and door
sensors. Any potential firearms to be transferred would be locked inside a safe, with no
access to the public. There will be no signage, and no increase in vehicle or foot traffic.
The Applicant will maintain a Federal Firearms License as part of the business, in order
to process background checks and to facilitate the transfer of firearms. Additionally, there
will be no discharge of firearms on the property, and thus will not violate Kenai Municipal
Code 13.15.010 — Discharge of Firearms.
Staff finds that the proposed use will not be harmful to the public safety, health or welfare.
Criteria 6: Any and all specific conditions deemed necessary by the Commission to
fulfill the above -mentioned conditions. These may include, but are not limited to,
measures relative to access, screening, site development, building design, operation
of the use and other similar aspects related to the proposed use.
Findings Staff finds that granting of a conditional use to operate a gunsmith business will
not cause any adverse impacts on the surrounding properties. Staff finds that additional
specific conditions are not deemed necessary to fulfill the above -mentioned conditions.
PUBLIC NOTICE
Pursuant to Kenai Municipal Code 14.20.280(c) notices of the public hearing for the conditional
use were mailed to property owners within a three hundred -foot (300') periphery of the subject
property. City staff published notice of the public hearing in the Peninsula Clarion. The applicant
submitted an Affidavit of Posting verifying a sign was placed on the parcel with information on the
public hearing for the conditional use permit request.
As of the writing of this Staff Report, no public comments have been received.
STAFF RECOMMENDATION
Staff finds that the proposed Conditional Use Permit for a gunsmith business meets the criteria
for issuance of a Conditional Use Permit as set forth in subsections (e)(1) through (e)(6) of Kenai
Municipal Code 14.20.150, and hereby recommends that the Planning and Zoning Commission
adopt Resolution PZ2024-23 approving the Conditional Use Permit, subject to the following
conditions:
1. Any development or use of the property shall comply with all applicable Federal, State of
Alaska, and City regulations regardless of whether or not the requirements are listed as
conditions for the approval of the Conditional Use Permit.
2. Upon request, the applicant or applicant's representative shall meet with City staff for an
on -site inspection.
Resolution No. PZ2024-23
Conditional Use Permit
Gunsmith Business Page 4 of 5
ATTACHMENTS
Aerial Map
Application
Resolution No. PZ2024-23
Conditional Use Permit
Gunsmith Business Page 5 of 5
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City
Planning and Zoning ueparu.
f
/ ditional Use Permit
210 Fidalgo Avenue
Kenai, AK 99(
Op Application
(907) 283-8200
planning@kenai.cib
www.kenai.citylplann
Name:
David CM Wolf
Mailing Address:
1540 Kittiwake Ct.
City:
Kenai
State:
I Alaska
Zip Code:
99611
Phone Number(s):
(907) 690-3321
Email:
ArcticWolfArms@gmail.com
• • -
Name:
Mailing Address:
City:
State:
JZip Code:
Phone Number(s):
Email:
PROPERTY •R•
Kenai Peninsula Borough Parcel # (Property Tax ID): 046-460-14
Physical Address:
1540 Kittiwake Ct., Kenai, AK 99611
Legal Description:
Lot 14, Block 1, Leo T. Oberts Sub, Addn. 1
Zoning:
Rural Residential
Acres:
1.109
CONDITIONAL USE DESCRIPTION
(include site plan/floor plan with square footages)
XV
(include State Business License • KPB Tax Complianceapplicable
How is this property currently being used? Residential
Conditional Use Requested for (attach additional sheets if necessary):
Request to operate small business out of home. Will be doing minor gunsmithing activities, FFL transfers
and online sales. No heavy machinery, noise, signs, increased traffic or anything related to reloading
ammunition.
Explain how the conditional use is consistent with purposes and intent of the zoning district of the property:
There will be no realized change to the intent of the zoning district. This will be a small business primarily
operated online and utilizing the postal system.
Explain how the value of adjoining property and neighborhood will not be significantly impaired by the conditional
use:
There will be no change to the value of adjoining property. No large business signs will be posted, no
machinery or noise created, and no increased vehicle/foot traffic as business will be primarily conducted
online.
of su rrouinding property -north:
Residential
: of surrounding property -south:
NIA (forest)
of su rrou.nding property - east:
Residential
of su rrou■nding property - west:
NIA (highway, forest)
lain how the conditional use is in harmony with the City's Comprehensive Plan:
s conc1 itic=nal use will have no ill effect on any of the 8 goals in the comprehensive plan. It will,
niever, he Ip by providing another source of taxes to help fund and support the City of Kenai's
nprehensive plan. As a lifelong Kenai resident, I believe my business plan along with my own morals
J ideals malign with the City of Kenai's goals for the betterment of our community.
public se mwices and facilities on the property adequate to serve the proposed conditional use?
s. As this will be primarily an online sales business, no additional facilities or public services are
ceded.
lain how the conditional use will not be harmful to public safety, health, or welfare:
mentioned before, there will be no heavy machinery, noise/traffic, or hazardous materials/waste.
sre will bm--'no dangerous or otherwise hazardous items accessible to the public. The surrounding area
not see any negative effects by this conditional use permit.
there any— measures with access, screening, site development, building design, or business operation that will
:en poteniCial impacts of the conditional use to neighbors?
is properly is protected by Vivant Alarms Systems and monitored via cameras and door sensors. For
�f potential firearms to be transferred they will be locked inside a safe so there will be no access to the
:>lic. Nor %..mill there be any signage outside of the residence/business premises indicating that a small
3iness is operating inside the residence. The business address will not be listed online or otherwise
✓e rti s eci , = so there will be no increased vehicle/foot traffic.
lFHOF2'ITY TO APPLY FOR CONDITIONAL USE:
�reby certi-tfy that (I am) (I have been authorized to act for) owner of the property described above and that I
tion for a conditional use permit in conformance with Title 14 of the Kenai Municipal Code. I understand that
ment of tl--ie application fee is nonrefundable and is to cover the costs associated with processing this
olication , a nd that it does not assure approval of the conditional use. I also understand that assigned hearing
as are ten tative and may have to be postponed by Planning Department staff of the Planning and Zoning
nmission -Wfor administrative reasons. I understand that a site visit may be required to process this application.
of Kenai personnel are authorized to access the above -referenced property for the purpose of processing this
�lication _
natu re :
Date:
it Name:
Title/Business:
Date Application Fee Received:
For City Use Only
PZ Resolution Number:
Conditional Use Permit
Application
CHECKLIST
City of Kenai
Planning and Zoning Department
'10 Fidalgo Avenue
Kenai, AK 99611
(907) 283-8200
planni ng@kenai. city
www.kenai.eity/planning
❑ Evaluate uses allowed in your zoning district. Information on zoning is available at
kenai.city/planning/page/zoning.
❑ Submit completed application form. The application form must include an attached site
plan/floor plan with square footages of all structures on the property and parking areas. If
applicable, include a State Business License and a KPB Tax Compliance Form with the
application.
Intents of zoning districts are at kenai.munici al.codes/KIV. .20.
Information about the Comprehensive Plan is at kenai.cit / lannin / a e/com rehensive- Ian.
❑ Pay the $265 fee as outlined in the Fee Schedule ($250 + 6% tax).
❑ City staff will evaluate your application following Kenai Municipal Code 14.20.230
(kenai.municipal.codes/KMC/14.20.150). Please answer questions from City staff about your
application.
❑ Meet with.Fire Marshall for inspection of premises (if necessary).
The Fire Marshal will contact you to arrange an inspection.
❑ Post sign on your property and confirm the posting with the City. Planning staff will contact you
and provide a sign stating a conditional use permit application has been submitted. The sign
must be posted at least 10 days before the Planning & Zoning Commission meeting.
❑ Attend Planning & Zoning Commission meeting (not mandatory, but recommended).
Attendance is beneficial so you are able to answer questions of the Commission.
❑ 15-day appeal period of the Planning & Zoning Commission's decision.
Thank you for choosing the City of Kenai!
Please contact the Planning & Zoning Department with application questions.
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SKETCH ADDENDUM
Bo„overorOamer WOIf Da�idC.
PrapeftAddress 1540 KRU%vakeCourt _
c� nay— _ c—ty Kena1Peninsulll sane AK zipcode 99611
24'
30,
7aMag
ION Deo Bedroom Bedroom
Living Room
Garage l(f hen
Laundry
112
rIN Bth
24.
2°'
Bedroom
Bath Beg,
42'
,.na,.s. L%AJLw11Ur4DFTA"
--�
Liv rg Hod
First Floor
—
Fuel floor
1793 204 30.0 X
26.0 = 760.0
10.0 X
1d = 105.0
Garage
28.0 X
26.0 a 726.0
Garage
603 100 80 X
15.5. 124.0
14.0 X
4.0 - 56,0
Total 1703.0
i
i
enereNrr rammsan
KEW PENINSULA Ules Tax
Borough, of dw finarce
4. 1,
Sales Tax Ac=fft # 021nWR
Qdoberlfl, 2024
ARCTIC WOU ARMS
1540 Kff MAKE COURT
KSM AK 99611
d
Dew Resale Cerf-'-zaisa Holder,
Please find below ymff f tES&E CE" FF "M -r-J, u:h is W77 an EKWIPT CE;MFICAT F- Ts,,-s :-= -3
you imay buy Rem uskig M card OW are to be resold to 2 feral consumer- KPB 5-18210 mfirm 2-e 's—s Ime
are ei�,.ble for resale Vealrnerd as t6ows-
A. Sa;es to a wholesale or Wag dealer in the property s64 kr !'e puram of msa;z by --e d�-,
B. Sam o(persoral property as raw material to pemm sneag--4 in
the property sold is cDnmm*wd in the umnubchmkq puxw of or becornes an
conrpoeerd part of a prodLx;t ffmutchmd for sale by the masuolzs ,
C. Sa;esc.fperson property as raw nWWW tDa Tiommsed the arapWysad
becomes a component part of the PnXW sOil bY dwrl bu3CM-9
se
- a 'a ir: P-, adom KPB 5.18.220 aBows services to be; , rf am 1 for resa:e wbm Ene sCa d k,. aims a
bwon ms. One charge for wtOch %M be passed directly by M bue--ms t3 a spersc hW.
The only iterms ate you are eligible to buy for RESALE we # ,se !tWns UW are S;�—ad m y-rm7ff� fM L
Items pmhased and 9Amxrjm*cmmArad in "m ordrWyomm
aslorner are NOT ek--bie fm be pLudiased using a msa�s mm"catee.
ft is your respmgft as a RESALE CERTIFIGAT E HOLDER to accote. =zr lh� 1'--z pxdvmd fey :tee.
knpmper use ormadequMedoarmtabonafferns --e
LrbwArw-
i. ten wCate cwmKabon and dwimd for surrender of ft Reses C-.:zte-,
2 Retoactive dm%W for the exempban and cD&ecbon of s;ees tax farrnerly exe-r---
ff you shotM hem any qmstxm conceffmV the 7 - - - - - - -yam - - - - - - - - - - - - - -
use of your resme cmu5cate, or any add sales -1f!ASmh%==tW
tax issue, do not hesitale io contad the KP6 Sales ML ST BE "Xa:S7M.%-. :�-- +CT E %M K a.
Tax Division at (907) 714-2175 or tot free At,*-u cad *-- 1
the Bmugh at 1-8004784M. u V&% mrM. r �u ATM
\A)-'S SNUM ARMS Xkv,.7 km
Thank you, A**Adwd W"tr. WOO U DIE
Kenai Pa*mula Scmqh GLNSmTnnSG St PFUES
Sales Tax Divis;W
- - - - - - - - - - - - - - - - -