5.1. PCSR 10-09-2007~i
Clty of
Elk ---_~
River
City of Elk River
REQUEST FOR PLANNING COMMISSION
ACTION
Agenda Section
Planning Items
Meeting Date
October 9, 2007
Item Description
Request by Emily Chock to operate a home based massage
Item Number
5.1
Prepared by
Jeremy Barnhart, AICP
Reviewed by
theca business.
MN Statute 15.99 (60 day rule) status: The application has been deemed complete as of
September 18, 2007. The City must act on the ro~ect b 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 Urban Residential (UR) R-1 d
South SFR Rural Residential (RR) R-1a
East Ag Rural Residential (RR) R-1a
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 Home Based Massage
Yage 2 Emily Chock
Attachments
• Location Map
• Applicant's narrative, and floor plan sketch, dated August 20, 2007.
Action Requested
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 Motion by Second by Vote
Follow Up
Overview
The Zoning Ordinance allows home occupations, provided certain standards axe met. These
standards are established to ensure that there are no negative impacts to area residents, including no
exterior changes to the building, no deliveries or 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-1a 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 or 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-Vill not endanger, injure or detrimentally affect the use and enjoyment of other property in the immediate
vicinity or the public health, safety, morals, comfort, convenience orgeneral welfare of the neighborhood or the
~y.
2. Wlill be consistent with the comprehensive plan.
3. bill not impede the normal and orderly development and improvement of surrounding vacantproperty.
C:\Uscrs\scartney\AppData\Local\Microsoft\Windows\TemPorary Internet Files\OLKDCI8\SR Chock Massage 10-13-07.doc
Case File: CU 07-29
Page 3
Home Based Massage
Emily Chock
4. lYlill be served adequately by and avill not adversely affect essential public facilities and services including
streets, police and fire protection, drainage, refuse disposal, water and server ystems, parks and schools; and
will not, in particular, create tra~c congestion or interference urith tra~c on adjacent and neighboring public
thoroughfares.
S. Dill not involve uses, activities, processes, materials, equipment and conditions of operation that avill be
detrimental to any persons or property because of excessive tra~c, noise, smoke, fumes, glare, odors, dust or
vibrations.
6. Dill not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance.
7. Will fully comply with all other requirements of this Code, including any applicable requirements and
standards for the issuance of a license or permit to establish and operate the proposed use in the city.
If denial of such a permit should occur, it shall accompany recommendations or determinations by
findings or 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 for 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 Zoning
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 20, 2007, with the conditions as outlined.
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Location Map N
Case Number: CU 07-29 EMILY CHOCK
August 20, 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 are no construction features.
4. There are no employees other than the owner of the home.
5. No teaching at the occupation.
6. Any sign will not exceed two square feet. Don't have any as of yet.
7. No large 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 Care 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 aze currently 6-9pm Monday
through Thursday and Saturday 8-lpm. I am the only person that will be working out of the 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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