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7.1 SR 06-16-2025The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Request for Action To City Council Item Number 7.1 Meeting Date June 16, 2025 Prepared By Chris Leeseberg, Senior Planner Item Description Interim Use Permit: Residential Occupation, MJ and Carl Johnson, 19289 Upland Street NW Reviewed by Zack Carlton Cal Portner Tina Allard Action Requested Approve the Interim Use Permit with the following conditions to satisfy the standards set forth in Section 30- 654: 1. No more than two non-resident employees may be present during business hours. 2. Hours of operation shall be limited to 7:00 a.m. to 7:00 p.m., Monday through Saturday. 3. The applicant must maintain current professional licensure and liability insurance. 4. The Interim Use Permit must be recorded after a Certificate of Occupancy is issued, and the occupation shall not begin until the Interim Use Permit is recorded. 5. The Interim Use Permit will terminate when the property/home is sold. Background/Discussion The applicant is requesting an Interim Use Permit (IUP) to operate a residential-based aesthetic and wellness business, Northern Rose MedSpa, from her home located at 19289 Upland St. NW. The business will involve cosmetic and wellness services such as injectables, facials, and skincare consultations. The property, approximately 5.5 acres in size, is zoned R3 (Townhouse/Multiple Family Residential) where residential occupations are either permitted administratively or require an IUP. This request is subject to being reviewed by the Planning Commission and City Council because the business will involve the use of equipment not typically found in a house. Planning Commission During the public hearing, one resident questioned if there would ever be a second residential occupation on the property as the proposed plan shows a large, detached accessory structure. They were concerned it might be for something like a landscaping business. Staff indicate any proposed residential occupation would also require a public hearing and follow the same public hearing process. Additionally, a landscaping business would likely require outdoor storage, which is prohibited in this zoning district. Staff have not received any comments since the commission meeting. Page 439 of 637 The Planning Commission had no questions or concerns about the request and unanimously recommended approval. Financial Impact None Mission/Policy/Goal Support the growth and development of the community. Attachments 1. Planning Commission Memo dated 5-27-2025 2. IU 25-04 Recording Document 3. 7.1 Johnson IUP Page 440 of 637 The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Request for Action To Planning Commission Item Number 4.1 Meeting Date May 27, 2025 Prepared By Chris Leeseberg, Senior Planner Item Description Interim Use Permit: Residential Occupation, MJ and Carl Johnson, 19289 Upland Street NW Reviewed by Zack Carlton Action Requested Recommend, by motion, approval of the Interim Use Permit with the following conditions to satisfy the standards set forth in Section 30-654: 1. No more than two non-resident employees may be present during business hours. 2. Hours of operation shall be limited to 7:00 a.m. to 7:00 p.m., Monday through Saturday. 3. The applicant must maintain current professional licensure and liability insurance. 4. The interim Use Permit will terminate when the home is sold. Background/Discussion The property, approximately 5.5 acres in size, is zoned R3 (Townhouse/Multiple Family Residential) where residential occupations are either permitted administratively or require an Interim Use Permit (IUP). This request is subject to a review by the Planning Commission and City Council because the business will involve the use of equipment not typically found in a house. By contrast, a home-based business such as a tax office, which uses standard office equipment, would be permitted without the need for an IUP. The applicant is requesting an IUP to operate a residential-based aesthetic and wellness business, Northern Rose MedSpa, from the planned home located at 19289 Upland St. NW. The business will involve cosmetic and wellness services such as injectables, facials, and skincare consultations. The proposed use qualifies as a Residential Occupation under Section 30-801 of the Zoning Ordinance and the IUP is required to allow the use within the house. The applicant anticipates approximately five (5) clients per day and will be seen one at a time. Client parking will occur in the driveway and not on the street. Prior to the property being rezoned to Residential, it was zoned Commercial, where significantly more traffic would have been generated. The ordinance limits the hours of operation to 7:00 a.m. – 7:00 p.m. Monday through Saturday with no operations on Sunday. The city recognizes that introducing residential occupations in residential districts could be noticeable and strives to include approval conditions aimed at mitigating possible impacts. Page 441 of 637 Interim Use - Applicable Regulations Before the city council may authorize an interim use, it must make the following findings: 1. The period of time for which the interim use permit is to be granted will terminate before any adverse impacts are felt upon adjacent properties. The ordinance (Section 30-801) states an approved IUP for a residential occupation shall terminate when the property is sold or when a lease has expired. The applicant acknowledges the temporary nature of the IUP. Although termination does not guarantee adverse effects will not affect nearby properties, the recommended conditions strive to prevent this outcome. 2. There is adequate assurance that the property will be left in suitable condition after the use is terminated. The proposed residential occupation will occur inside the house. Upon termination, the space will revert to a standard residential use with no remediation needed. 3. The use is similar to uses allowed in the zoning district in which the property is located. Residential occupations are allowed with an IUP in the R3 zoning district and remain secondary to the residential use of the property. 4. The date or event that will terminate the use can be identified with certainty. The ordinance states an approved IUP for a residential occupation shall terminate when the property is sold or when a lease has expired, so the termination of the use can be identified with certainty. 5. Authorizing the use will not impose additional costs on the public if it is necessary for the public to take the property in the future. No public infrastructure or improvements are needed. If the public were to take over the property, no additional costs would be imposed on the public, as the proposed residential occupation will occur in the house and the site will be left in a suitable condition. 6. The applicant and user agree to all conditions that the city council deems appropriate for authorization of the interim use. This will be determined at the City Council meeting. 7. The applicant provides assurances deemed adequate by the city council that the use will terminate as provided in the interim use permit. The city council may require the applicant to deposit a cash amount with the city, or provide some other form of security, to ensure compliance with this criteria. Again, the ordinance states an approved IUP for a residential occupation shall terminate when the property is sold or when a lease has expired. Based on the scale of the use, a cash deposit does not appear to be necessary to comply with the criteria. 8. Authorization of the interim use will not result in adverse effects on public health, safety, or welfare. The proposed use will occur entirely within the house and, due to its low-impact nature, poses no known health or safety risks while preserving neighborhood harmony. Although the current exhibit depicting the house’s proposed location is subject to change, the final siting and intended use are not anticipated to create any health or safety concerns. Page 442 of 637 9. The proposed interim use is consistent with the City of Elk River Comprehensive Plan and conforms to the city's zoning regulations. The use is consistent with the Comprehensive Plan which guides the property as Mixed Residential. Single- family uses, with residential occupations, are allowed in the zoning district. Financial Impact None Mission/Policy/Goal Ethical, efficient, and responsible. Attachments 1. Location Map 2. Narrative 3. Site Plan - Draft Project Plan 4. Floor Plan Page 443 of 637 Page 444 of 637 IU 25-04 Narrative Project Title: Residential MedSpa Clinic Addition Project Overview: This project involves incorporating a professional MedSpa clinic into the new home that is to be under construction soon. The clinic will feature one treatment room and potentially a variety of specialized equipment, creating a luxurious, therapeutic environment for aesthetic and wellness services. Designed to harmonize with the home’s aesthetic, the MedSpa will offer both comfort and clinical functionality. Project Goals: 1. Functional Integration: Design a MedSpa that operates as a dedicated clinic while blending with the residential architecture. 2. Ambiance and Comfort: Establish a sophisticated, serene atmosphere to enhance client experience. 3. Compliance and Safety: Construct the clinic to meet medical standards for sanitation, ventilation, and accessibility. 4. Efficiency and Flexibility: Design functional spaces to streamline workflow for staff, with a layout flexible for future service additions. Key Features and Spaces: • Reception Area: A small, yet welcoming reception with comfortable seating and a calm, modern aesthetic. (This feature has not yet been decided on.) • One Treatment Room: Private, soundproofed treatment room equipped with necessary equipment for a range of aesthetic services. • Sterilization and Storage: Dedicated area for equipment sterilization and storage, maintaining a clean and organized workspace. • Client Amenities: High-end finishes, adjustable lighting, soundproofing, and climate control for an enhanced client experience. Common MedSpa Equipment: • Adjustable Treatment Tables: Ergonomic, height-adjustable tables for client comfort during treatments. • Potential for FUTURE Laser Machines: For hair removal, skin resurfacing, and various skin treatments. Page 445 of 637 • Microdermabrasion Devices: For exfoliating and rejuvenating skin. • LED Light Therapy Machines: Used for skin rejuvenation and acne treatment. • Ultrasound and Radiofrequency Devices: Non-invasive options for skin tightening and contouring. • Injectable Coolers and Storage: Temperature-controlled storage for injectables. • Autoclave or Sterilization Equipment: For safe sterilization of reusable instruments. • Medical-Grade Lighting: Adjustable lighting for precise treatments. • Possible FUTURE Oxygen Therapy/ProNox Machines. Timeline: • Design Phase: Complete architectural and equipment planning within 2-3 months. • Construction Phase: Coordinate MedSpa build-out with overall house construction, aiming to complete within 6-8 months. Applicant will send final design and site plans as they are completed. All attached documents are PRELIMINARY drafts. Please let me know if there are any questions or concerns. Page 446 of 637 City of Elk River – Home Occupation Compliance Statement Prepared for: Northern Rose MedSpa Prepared by: MJ Johnson Aesthetic RN, BSN, PHN Date: April 29, 2025 I. Business Overview Business Name: Northern Rose MedSpa Business Address: 19289 Upland St. NW, Elk River, MN 55330 Zoning District: R3? Please confirm with Planning Department. Business Type: Aesthetic and wellness services (e.g., cosmetic injectables, facials, skincare consultations) Owner/Operator: MJ Johnson Contact Information: 320-292-0866 (mj@northernrosemedspa.com) II. Purpose This document is provided to demonstrate that Northern Rose MedSpa, operating from a residential property, meets all City of Elk River requirements for a home occupation under Zoning Ordinance Section 30-1033 (Home Occupations). III. Home Occupation Compliance Checklist Requirement Description Compliance Business conducted entirely within the dwelling All business activities (consultations and treatments) are conducted in a dedicated room inside the home. No detached structures are used. �� Yes Residential character preserved No external alterations have been or will be made that alter the residential appearance of the home. �� Yes No exterior evidence of business There will not be excessive business signage, product display, or obnoxious lighting on the exterior of the home. �� Yes Limited traffic Clients are seen by appointment only, with sufficient time between clients to avoid traffic or parking issues. �� Yes Parking accommodated on-site The property has a driveway with adequate parking for client vehicles. No street parking will be used. �� Yes Page 447 of 637 Requirement Description Compliance No more than two non- resident employee Only the resident operator and the potential for 1-2 licensed &/or unlicensed assistants may be present in the future during business hours. �� Yes No sale of goods on premises Retail sales (e.g., skincare products) are conducted mainly only. Only products relevant to services rendered will be available for purchase on site. �� Yes No noise, odor, vibration, glare, or electrical interference All equipment used (e.g., medical-grade facial equipment) operates quietly and does not emit odors or disruptive sounds. �� Yes Licensing and certification The business owner holds all required professional certifications (e.g., RN or NP license), and a Minnesota Tax ID is maintained. �� Yes Building safety and accessibility The treatment area meets local building and safety codes. Clients can access the treatment space without navigating hazardous or steep steps. �� Yes IV. Supporting Documents (Available Upon Request) • Floor plan showing business area (within residence) • Proof of professional licensure • Liability insurance certificate • Property ownership or lease agreement • Proposed hours of operation • Client intake and scheduling policies • Product MSDS sheets (if applicable) V. Conclusion Northern Rose MedSpa fully complies with the City of Elk River's ordinances governing home occupations. All operations are designed to maintain the quiet, residential character of the neighborhood, prioritize client safety, and adhere to all local and state regulations. This statement is submitted in support of any necessary approvals or applications related to a Home Occupation Permit or Conditional/Interim Use Permit. Prepared by: MJ Johnson Aesthetic RN, BSN, PHN Owner, Northern Rose MedSpa 320-292-0866 | northernrose.aesthetics@gmail.com Page 448 of 637 Page 449 of 637 Page 450 of 637 CITY OF ELK RIVER SHERBURNE COUNTY INTERIM USE PERMIT Case No. IU 25-04 Permit. Subject to the terms and conditions set forth herein, the City of Elk River hereby grants an Interim Use Permit (“Permit”) requested by MJ and Carl Johnson for the following use: Interim Use Permit of a Residential Occupation to operate a cosmetic and wellness services business, Northern Rose Medical Wellness, at 19289 Upland St. NW, Elk River Property. The Permit is for the following described property (“Subject Property”) in the City of Elk River, Sherburne County, Minnesota: That part of the Northeast Quarter of the Southwest Quarter (NE1/4 of SW ¼), of Section Twenty-eight (28), Township Thirty-three (33) North, Range Twenty-six (26) West, Sherburne County, Minnesota, lying northerly of the northerly line of the right-of-way of County State Aid Highway No. 1 and lying easterly of the easterly line of the right-of-way of the Burlington Northern Inc. Railroad, subject to that part thereof taken for Township Roads. Owner. Owner of the Subject Property at time of the approval of the Permit: Carl Edward Johnson and Mary Jane Johnson, owner Conditions. The Permit is issued subject to the following conditions: 1. No more than two non-resident employees may be present during business hours. 2. Hours of operation shall be limited to 7:00 a.m. to 7:00 p.m., Monday through Saturday. 3. The applicant must maintain current professional licensure and liability insurance. 4. The Interim Use Permit must be recorded after a Certificate of Occupancy is issued, and the occupation shall not begin until the Interim Use Permit is recorded. Page 451 of 637 5. The Interim Use Permit will terminate when the property/home is sold. Termination of Permit. The Permit shall remain in effect only for so long as the conditions set for the herein are complied with. The City may revoke the Permit following a public hearing for violation of the terms and/or conditions set forth in the Permit. Criminal Penalty. Both the owner and any occupant of the Subject Property are responsible for compliance with the permit. Violation of the terms of the Permit is a criminal misdemeanor. Recording. The Permit shall be recorded against the title to Subject Property. Dated: __________, 2025. CITY OF ELK RIVER By: ___________________________________ Mayor John J. Dietz By: ___________________________________ City Clerk Tina Allard STATE OF MINNESOTA ) ) ss. COUNTY OF SHERBURNE ) The foregoing instrument was acknowledged before me this ___ day of _________, 2025, by John J. Dietz and Tina Allard, respectively, the Mayor and City Clerk of the City of Elk River, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by the City Council. ____________________________________ Notary Public DRAFTED BY: City of Elk River 13065 Orono Parkway NW Elk River, MN 55330 Phone: 763-635-1032 Page 452 of 637 MJ & Carl Johnson Interim Use Permit Page 453 of 637 Page 454 of 637 Background §5.5 acres §Zoned R3 §Residential MedSpa clinic §In future home Page 455 of 637 Background §Aesthetic and wellness services §Cosmetic injectables §Facials §Skincare consultations §All activities conducted in a dedicated room §Appointment only §~5 clients per day §Parking on driveway §No more than two non-resident employees Page 456 of 637 Page 457 of 637 Page 458 of 637 Planning Commission §One resident spoke §Concerned a second occupation could occur §No additional comments since PC meeting §PC had no questions or concerns §Unanimously recommended approval Page 459 of 637 Action Requested §Approve, by motion, the IUP with the 5 conditions outlined in the memo Page 460 of 637 Page 461 of 637 Page 462 of 637