7.5. SR 02-27-1995'"~r ~ ` ITEM 7.5
'ty of ~~
lk MEMORANDUM
River
TO: Mayor and City Council
FROM: Gary Schmitz Planning Assistant
DATE: February 27, 1995
SUBJECT: Conditional Use Permit Request by
Charlotte Koon, Public Hearing Case
No. CU 94-39
Request
Charlotte Koon is requesting a conditional use permit to operate a
therapeutic massage business from the Martin Plaza Building.
Location
• 934 Highway 10 -The west and northwest of Lot 4 and the west of the
northwest line running from the northeast corner of Lot 4, Section 34,
Township 33, Range 26, Sherburne County, Minnesota.
A general description of the property is the north side of Highway 10, east of
Proctor Avenue.
Zoning/Land Use
C-3/Highway Commercial
HB/Highway Business
Attachments
January 24, 1995 memo to the Planning Commission.
Background
Charlotte Koon is requesting a conditional use permit to operate a
therapeutic massage business from the Martin Plaza building. Therapeutic
massage is a conditional use in all commercial zoning districts as well as
home occupations. The City ordinance was amended in December of 1993, to
allow therapeutic massage as a conditional use permit. Prior to the
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425
Memo to City Council
February 27, 1995
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Page 2
• ordinance amendment, therapeutic massage was classified as an adult
orientated business which imposed several restrictions on the use. Due to
the popularity and legitimacy of therapeutic massage, cities have begun to
address the business on its own merits. Therapeutic massage businesses
must go through a conditional use permit and also receive a therapeutic
massage license approved by the City Council.
The primary advantage for going through the conditional use permit process
is to give residences and surrounding property owners the opportunity to
voice their opinion on the requested conditional use permit. The majority of
the specific requirements will be met through the license application;
however, the conditional use permit will allow the Planning Commission and
the City Council the opportunity to attach conditions in unique situations.
In conjunction with the conditional use permit, the applicant will also need to
receive a therapeutic massage license. The license has a strict list of
requirements prior to receiving approval to operate, including a police
background check. The license is renewed on a yearly basis with a fee
determined by the City Council. The license will be processed concurrently
with the conditional use permit. Only the City Council reviews the license
request.
• The details of the conditional use permit request by Charlotte Koon are
located in the attached memo to the Planning Commission. There was no
public opposition related to this request.
Planning Commission Recommendation
The Planning Commission concurred with staff's findings and recommended
approval of the conditional use permit request for the applicant to operate a
therapeutic massage business from the existing Martin Plaza building.
Recommendation
Staff recommends approval of the conditional use permit request by
Charlotte Koon to operate a therapeutic massage business from the existing
Martin Plaza building with the following condition:
1. The applicant receives approval of a therapeutic massage license by
the City Council.
.]
s:council:cu94-39
ITEM 5.4.
r ~~
~~
!~ t of MEMORANDUM
Y .~~
River TO: Planning Commission
lk •
FROM: Gary Schmitz, Planning Assistant ~~
DATE: January 24,1995
SUBJECT: Conditional Use Permit Request by Charlotte
Koon, Public Hearing, Case No. CU 94-39
Re uest
Charlotte Koon is requesting a conditional use permit to operate a therapeutic massage
business from the Martin Plaza Building.
Location
934 Highway 10 -The west and northwest of Lot 4 and the west of the. northwest line
running from the northeast corner of Lot 4, Section 34, Township 33, Range 26,
Sherburne County, Minnesota.
~'• A general description of the property is the north side of Highway 10, east of Proctor
Avenue.
Zoning/Land Use
C-3/Highway Commercial
HB/Highway Business
Attachments
Location Map
Zoning Map
Site Plan
Letter from Applicant
Background
Charlotte Koon is requesting a conditional. use permit to operate a therapeutic massage
business from the Martin Plaza building. Therapeutic massage is a conditional use in all
commercial zoning districts as well as home occupations. The City ordinance was
amended in December of 1993, to allow therapeutic massage as a conditional use permit.
Prior to the ordinance amendment, therapeutic massage was classified as an adult
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425
orientated business which imposed several restrictions on the use. Due to the popularity
and legitimacy of therapeutic massage, cities have begun to address the business on its
own merits. Therapeutic massage businesses must go through a conditional use permit
and also receive a therapeutic massage license approved by the City Council.
The primary advantage for going through the conditional use permit process is to give
residences and surrounding property owners the opportunity to voice their opinion on the
requested conditional use permit. The majority of the specific requirements will be met
through the license application; however, the conditional use permit will allow the
Planning Commission and the City Council the opportunity to attach conditions in unique
situations.
In conjunction with the conditional use permit, the applicant will also need to receive a
therapeutic massage license. The license has a strict list of requirements prior to
receiving approval to operate, including a police background check. The license is
renewed on a yearly basis with a fee determined by the City Council. The license will be
processed concurrently with the conditional use permit. Only the City Council reviews
the license request.
Anal
• Charlotte Koon is requesting a conditional use permit to operate a therapeutic massage
business from the Martin Plaza building. The name of the business Ms. Koon will be
operating from is A C Total Body Care. The applicant will be operating the business
with her sister who currently operates a nail care business from the facility. The applicant
will use a portion of the leased space for full body therapeutic massages and seated chair
massages. The applicant will be the only massage therapist practicing. from the business
at this time. The. massage business will be open Tuesday through Thursday, 9:00 a.m. to
8:00 p.m., and Friday and Saturday, 8:00 a.m. to 4:00 p.m. The applicant has indicated
that each massage will last between a half hour to one and one-half hours, depending
upon the type of massage. There will be a half hour overlap between the finish and start
of each massage, therefore, there should be very little added traffic related to this
proposal. The applicant is currently training to become a massage therapist and should
complete her coursework in February, 1995.
Martin Plaza Building
The Martin Plaza building consists of several different users ranging from pet grooming
to a music/video store. This site currently has an unimproved Class 5 parking lot.
Although staff has, in the past, required site plan improvements such as landscaping and
hardsurfacing of parking areas, these improvements are typically done when an addition
or major tenant change takes place. Staff does not anticipate a great deal of extra traffic
. or parking associated with this minor request, therefore staff is not requiring any
additional site improvements with this proposal. However, if, in the future, any additions
• to the building or major interior work is constructed, staff at that time will recommend
that site improvements are conducted to bring the site up to the current code standards.
Recommendation
Staff recommends approval of the conditional use permit request by Charlotte Koon to
operate a therapeutic massage business from the existing Martin Plaza building with the
following condition:
1. The applicant receives approval of a therapeutic massage license by the City
Council.
.]
s/planning/pc/kooncup
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