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7.5. SR 02-18-1997'ity of River ITEM 7.5. MEMORANDUM TO: Mayor and City Council FROM: DATE: SUBJECT: Scott Harlicker, Planning Assistant February 18, 1997~/' Request by Deana Larsen for a Conditional Use Permit to Operate a Therapeutic Massage Business (Waterfall Day Spa), Public Hearing Case No. CU 96-29 Request Deana Larsen is requesting a conditional use permit to operate a therapeutic massage business (Waterfall Day Spa) at 705 Main Street. Location The project is located at 705 Main Street, PID # 75-405-0560 Zoning/Land Use Cl(Central Commercial) / CB(Central Business) Attachments · Location map · Zoning map · Floor plan Background Deana Larsen is requesting a conditional use permit to operate a therapeutic massage business at 705 Main Street. The building is located next to the Depot restaurant and use to be occupied by Play it Again Sports. Therapeutic massage is a conditional use in all the commercial zones as well as a home occupation. The City Ordinance was amended in December 1993 to establish therapeutic massage as a conditional use; prior to that it was considered as an adult oriented business. In addition to being reviewed for a conditional use permit, therapeutic massage businesses must also receive a therapeutic 13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425 Memo to the Mayor and City Council/CU 96-29 Page 2 February 18, 1997 massage license approved by the City Council. The applicant has been issued a license to operate at this location; however, it was issued with the contingency that she applied for and received a conditional use permit. The license review includes a strict list of requirements including a police background check and minimal number of hours training. The license must be renewed yearly and requires an annual fee. Only the City Council reviews the application for a therapeutic massage license. The main advantage to going through the conditional use process is that it gives the residents and surrounding property owners advance notice of what is being proposed and an opportunity for input. This process also provides an opportunity to attach special conditions to address unique situations. Most of the operational aspects of the business will be will be covered through the licensing application process. The conditional use permit will deal with site issues if there are any. Overview The applicant will be operating the Waterfall Day Spa at 705 Main Street. The business includes tanning booths, facials, pedicures, and a retail section along with the therapeutic massage. The applicant is leasing this space until their permanent location is secured in the Snyder building across the street. The applicant was forced out of their original location at 657 'Main Street because of fire damage. The applicant has I person licensed as a massage therapist. The business will be open Monday through Friday 9:00 a.m. to 9:00 p.m. and Saturday 9:00 a.m. to 3:00 p.m. The applicant has indicated that the majority of her business is the therapeutic massage and pedicures with seasonal fluctuations with the tanning booths. During the winter months the tanning booths are very popular. The applicant is not proposing any exterior alterations or improvements to the building except for signage. Parking is provided on street and in the parking lot at the corner of Jackson and Main streets. They received a sign permit on January 7, 1997 for a 2' by 8' wall sign. Planning Commission Meeting At Planning Commission meeting held on January 28, 1997 there were no comments from the public at the public hearing. There was some discussion regarding the applicant operating at 705 Main street for only a couple of months and would she have to go through the conditional use permit process s:\planningXscott\cu9629cc.doc Memo to the Mayor and City Council/CU 96-29 Page 3 February 18, 1997 for the new location across the street; staff indicated that she would because the conditional use goes with the property and not the applicant. Recommendation The Planning Commission and staff recommend that the City Council approve Deana Larsen's request for a conditional use permit to operate a business which includes therapeutic massage at 705 Main Street with the following condition: The applicant receives approval of a license for therapeutic message from the City Council. s:\planningXscottkcu9629cc.doc OAK KNOLL VANDEN BERGE ,t JR. HIGH SCHOOL ELK RIVER AREA HIGH SCHOOL I SCHOOLI STREET LION'! ADDITION LINCOLN ELEMENTARY SCHOOL PARKER ELEM. R£VER 2 PL4Z~ LOCAT!'ON ~ LOCATION ~,,~ o.~ .~,~...~ MAP i'~'N~- ORONO 177TN 176~ 8~ (M) ~75TH ,2 Cky of ZONING MAP River