6.2. SR 10-15-2007REQUEST FOR ACTION
To Item Number
Ci Council 6.2.
Agenda Section Meeting Date Prepared by
Communi Develo ment October 15 2007 exem Barnhart, Plannin Mana ex
Item Description Reviewed by
Request by F,tnily Chock fox a Conditional Use Permit far a
Home Occupation (D4assage Therapy), Case No CU 07-29 Reviewed by
Action Requested
Approval of a Conditional Use Permit to permit the establishment of a home based massage therapy
business at 18051 Fillmoxe Street, NW, subject to the condition that if the business significantly changes
from that described by the applicant, including without limitation: additional staff, additional space, more
than one client at a time, the Conditional Use Permit shall be reviewed and amended.
Summary
Emily Chock has requested a CUP to establish and operate a massage business in hex home. The
Ordinance outlines several conditions regulating home based businesses. These conditions axe
established to protect the residential character of the area. The use appears to meet all of these
conditions.
Although the standards are met, the zoning district fox the subject property requires a home based
massage establishment to obtain a Conditional Use Permit.
Planning Commission Discussion
The Planning Commission had no concerns with the proposal as presented.
Pu61ic Comment
No public comments were raised fox ox against the proposal.
Attachments
• Staff Report to Planning Commission dated October 9, 2007
ACtIOn Motion by Second by Vote
Follow Up
S:APLANNINGVCase FilesVCUYVCU 07-29 Chock\CC ec4on eequu[ed- chack.doc
City of Elk River
REQUEST FOR PLANNING COMMISSION
ACTION
Agenda Section Meeting Date
Planning Items October 9, 2007
Item Number
5.1
Prepared by
Jeremy Barnhart, AICP
Item Description Reviewed by
Request by Emily Chock to operate a home based massage
thexa business.
MN Statute 75.99 (60 day rule) status: The application has been deemed complete as of
September 18, 2007. The City must act on the project by November 18, 2007.
GENERAL INFORMATION:
Applicant: Emil ~ Chock
Re uested Action Conditional Use Permit A royal
Location and Size: Approximately 3.58 acres east of Kleiver Lake
Fields, south of 181'` Avenue.
Location Existing Land Use Land Use Plan Designation Current
Zoning
Property in
Question Single Family Residential Rural Residential (RR) R-1a
North SFR/ Ag Llrban Residential (LIR) R-Id
South SFR Rural Residential (RR) R-1a
East Ag Rural Residential (R1Z) R-la
West Vacant attached family Urban Residential (UR) R-3
Introduction
The applicant is requesting a Conditional Use Permit to operate a Massage Therapy business out of
the home.
Case File: CU 07-29 IIome Based Massage
Pagc 2 Emily Chock
Attachments
Location Map
Applicant's narrative, and floor plan sketch, dated August 20, 2007.
Action Reauested
Staff supports a recommendation of approval from the Planning Commission with the following
conditions:
If the business significantly changes from that described by the applicant, including without
limitation: additional staff, additional space, more than one client at a time, the Conditional Use
Permit shall be reviewed and amended.
Planning Commission Action
Follow Up
Motion by _ Second by _ Vote
Overview
The Zoning Ordinance allows home occupations, provided certain standards axe met. These
standards axe established to ensure that there axe no negative impacts to azea residents, including no
exterior changes to the building, no deliveries ox minimal added traffic, etc. If a proposed home
occupation does not meet all of these standards, then the proposed home occupation may be
permitted as a Conditional Use Permit. Additionally, the Zoning Ordinance allows a home based
massage establishment as a conditional use in the R-la zoning district (Sec 30-991 (d) 18.)
It appears that the proposed business is consistent with all of the standards of a home occupation.
As of this writing, staff has received no comments for ox against the proposed use.
Applicable Regulations
Conditional Use Permit
The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location:
1. Will not endanger, injure or detrimentally affect the use and enjoyment of other property in the immediate
vicinity or thepublic health, safety, morals, comfort, convenience orgeneral welfare of the neighborhood or the
city.
2. Will be consistent evith the comprehensive plan.
3. Will not impede the normal and orderly development and improvement of surrounding vacant properly.
S:\PLANNiNG\Cas'e Files\CUP\CU 07-29 Chock\SA Chock Masagc 10-13-07.doe
Case Fite CU 07-29
Page 3
Home Based Massage
Emily Chock
4. Will be served adequately by and will not adversely affect essential public facilz'ties and services including
streets, police and fire protection, drainage, refuse disposal, water and sealer systems, parks and schoolg and
mill not, in particular, create tra~c congestion or interference with traffzc on ad acent and neighboring public
thoroughfares.
5. Wild not involve uses, activities, processes, materials, equipment and conditions of operation that will be
detrimental to any persons or property because of excessive traffic, noise, smoke, fumes, glare, odors, dust or
vibrations.
6. Wild not result in the destruction, lass or damage of a natural, scenic or historic feature of major importance.
7. Will fully comply with old other requirements' of this Code, including any applicable requirements and
standards for the issuance of a license ar permit to establish and operate the proposed use in the city.
If denial of such a permit should occur, it shall accompany recommendations ox determinations by
findings ox a report stating how the proposed use does not comply with the standards set forth in
Section 30-654.
In the review of the standards fox CUP as outlined, it appears that the addition is consistent with all
of these standards.
Analysis
Based on Staff's understanding of the business, and the improvements necessary, staff feels the
business is an appropriate home occupation, and meets the standards established by the Zonuig
Ordinance.
The business will employ only the resident of the home, there is minimal traffic expected with the
"by appointment' character of the business. There is minimal, ancillary retail sales, directly associated
with the services provided. Staff believes the proposed use to be appropriate in the location
proposed.
Recommendation
Staff supports a Planning Commission recommendation of approval, as described by the applicant
in materials dated August 2Q, 2007, with the conditions as outlined.
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'' Location Ma u
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El " Case Number: CU 07-29 EMILY CHOCK
River
August 2Q, 2007
Emily Chock -Permitted Home Occupation Narrative
1. The occupation is located in the basement of our home.
2. There is no exterior evidence of the home occupation.
3. There aze no construction features.
4. There aze no employees other than the owner of the home.
5. No teaching at the occupafion.
6. Any siga wfll not exceed two square feet. Don't have any as of yet.
7. No lazge delivery vehicles or than UPS or FedEX.
8. No customers froml0pm-lam
9. Parking will be in driveway at designated area.
10. Retail sales is related to services provided. Skin Caze and Makeup.
11. No equipment or repair of engines will take place in home occupation.
Thank you,
Emily Chock
Description of project Narrative
My massage business in my home is being proposed. My hours of operation are currently 6-9pm Monday
through Thursday and Saturday 8-lpm. I am the only person that will be working out ofthe spa. We have
2 extra parking stalls in our drive. There will be only one client in the spa at a time. There is currently no
signage being hung.
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