7.b)1) Conditional Use Permit to Allow Massage Studio Meeting Date: 08/21/12
Agenda Item: �� �� , �
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City Council Agenda Report
City of Scandia
14727 209th St.North
Scandia, MN 55073 (651) 433-2274
Action Requested: Consider the application of DeLynn Lalli for a Conditional Use Permit
to allow a massage studio at 21190 Ozark Avenue N. (Scandia Plaza
Shopping Center.)
Deadline/ Timeline: 60-day review period expires September 1, 2012.
Background: • The Planning Commission held a public hearing on the application
at its August 7, 2012 meeting. The report prepared by the City
Planner is attached.
• The Commission recommended approval, with conditions as
recommended by the Planner which have been have been
incorporated into a draft resolution for the City Council's use.
Recommendations: I recommend that the Council adopt the resolution approving the
Conditional Use Permit as recommended by the Planning
Commission.
Attachments/ • Draft Resolution No. 08-17-12-01
Materials provided: . Excerpt of Draft Planning Commission Minutes for August 7,
2012 Meeting
• TKDA Memorandum with Attachments
Contact(s): DeLynn Lalli, 612 237-3551
Sherri Buss, City Planner 651 292-4582
Prepared by: Anne Hurlburt, Administrator
(Lalli CUP Massage Studio)
Page l of 1
08/08/12
CITY OF SCANDIA, MINNESOTA� � �fi
RESOLUTION NO. 08-21-12 O1�� `� �����
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APPROVING CONDITIONAL USE PERMIT FOR°�'I��SAGE��RAPY STUDIO
WHEREAS,DeLynn Lalli has made applic�on for a Gonditional Us��:��it to allow
for a massage therapy studio, located in Scandia����21150�p�ark Avenue; ar�. ° "
_ ��
WHEREAS,the property is legally described as fol��vs:
Lot 1,Block 1, Hawkinson Busine�:�rk, Washington C�ty, Minnesota; and
WHEREAS, the Planning Commis�n re��d the rec}�test at a duly noticed Public
Hearing on August 7, 2012, and has recomme�iec�,.�pprova�;:�`
NOW, THER.PT�ORE,� IT HEREBY`.�tESOLVED BY THE CITY COUNCIL
OF THE CITY O�5��.�1DIA, �,�SHINGTOl'�Y�(�UNTY,MINNESOTA, that it should
and hereby does approve f��Conci��ia�al Use Perm��or a massage therapy studio.
u.; -. .;
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F�T��'`����'�' RE��p�.,VED,that the following conditions of approval shall be met:
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1 �'�project and us��ll be c�stent with the application dated July 2, 2012.
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2. The���licant shall �in a�ign Permit prior to erecting any business signage.
3. The App��nt shall p�all fees and escrows.
� � .
Adopted by the Scanc�;��ty Council this 21 st day of August, 2012. �
Randall Simonson, Mayor
ATTEST:
Anne Hurlburt, Administrator/Clerk
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August 7, 2012
The Scandia Planning Commission held their regular monthly meeting on the above date. Chair
Christine Maefsky called the meeting to order at 7:03 p.m. The following were in attendance:
Commissioners Jan Hogle, Steve Philippi, Peter Schwarz and Commission Chair Christine
Maefsky. Absent: Commissioner Tom Krinke. Staff present: City Administrator Anne Hurlburt,
City Planner Sherri Buss and Deputy Clerk Brenda Eklund.
APPROVAL OF AGENDA, MINUTES
Commissioner Philippi recommended that a discussion of the Final Environmental Impact
Statement (FEIS) of the Zavoral Mining and Reclamation Project be added to the agenda. Chair
Maefsky noted that this would be Agenda Item 6.a). Hogle, seconded by Philippi, moved to
approve the agenda as amended. The motion carried 4-0.
Schwarz, seconded by Hogle, moved to approve the July 3, 2012 minutes as presented. The
motion carried 4-0.
PUBLIC HEARING: CONDITIONAL USE PERMIT TO ALLOW MASSAGE STUDIO
AT 21190 OZARK AVENUE. DELYNN LALLI,APPLICANT
DeLynn Lalli is requesting a Conditional Use Permit (CUP) to operate a massage therapy
business within existing space in the Scandia Plaza, located at 21190 Ozark Avenue. The
property is zoned Village Mixed Use (VMU B). The business would have three employees and
operate up to seven days a week, between 10 a.m. and 9 p.m. Services would be by appointment
only. The only interior changes proposed are paint and carpet.
City Planner Sherri Buss presented the planner's report which determined that the proposed use
is consistent with the criteria for approving conditional use permits in the Development Code.
Buss recommended approval of the CUP with two conditions. One being that the project and use
are consistent with the application dated July 2, 2012; and two, that a sign permit is obtained
prior to erecting any business signage.
Chair Maefsky opened the public hearing at 7:10 p.m.
DeLynn Lalli, Applicant: Ms. Lalli introduced herself to the Planning Commission.
There were no other comments and Chair Maefsky closed the hearing.
Schwarz, seconded by Maefsky, moved to recommend to the City Council approval for a
Conditional Use Permit to allow a massage studio at 21190 Ozark Avenue, with findings
and conditions included in the Planner's report. The motion carried 4-0.
The City Council will act on the recommendation at their August 21, 2012 meeting.
44q Cedar SUset,Suite 1500
Saini Paut,MN 55101
651.292.4400
� tkda.com
TKDA
Memorandum
To: Scandia Planning Reference: Lalli massage therapy studio
Commission Conditional Use Permit Request
Copies To: Anne Hurlburt, City
Administrator Project No.: 15023.004
From: Berry Farrington Routing: Sherri Buss
Date: July 17, 2012
SUBJECT: LalEi massage therapy studio Conditional Use Permit Request
MEETING DATE: August 7, 2012
LOCATfON: Scandia Plaza, 21150 Ozark Avenue
Scandia, Minnesota
APPLlCANT: Ms. DeLynn Lalli
OWNER: H & E Enferprises/Steve Stegner
ZONfNG: Village Mixed Use (VMU B)
60-DAY PERIOD: Sepfember 1, 2012
ITEMS REVIEWED: Application form dated July 2, 2Q12, business location map
BRIEF DESCRIP710N OF THE REQUEST
The Applicant is requesting a Conditional Use Permit(CUP}to operate a massage therapy
studio in Scandia Plaza. The property is located in the Village Mixed Use (VMU B)Zoning
Distric#. A CUP is required for Beauty Salons, barbers, day spas, massage therapy, and similar
personal services in the VMU B District.
BACKGROUND
The Applicant is proposing to lease approximately 1,025 square#eet of space in the existing
Scandia Plaza to carry on the business of massage therapy. The business would have up to
three employees and operate up to seven days a wesk, between 10 AM—9 PM. Services will
--- - - be appoir�txnent-only-and--hours-of-operation will-depend wpon-client-bookings.-The-only iaterior _ _ __ _ _
changes proposed are paint and carpet.
An employee owned compony p�omoting ottirrnative action and equol opportunity
Laili Conditional Use Permit Request Page 2 July 17, 2012
PLANS AND POL.ICIES
Comprehensive Plan
The AppticanYs proposal is within the Village Mixed Use Land Use Area. One of the policies
outlined for this area is to"encourage commercial, office, iimited industrial, residential,
institutional and civic uses tha# complement existing uses and use patterns [LU Policy 2.1]."
In addition, the proposal meets an Economic Deveiopment policy to "identify in-fil!opportunities
and promo#e new commerciat investment that creates synergy with existing businesses [ED
Policy 1.2]."
The proposed use is consistent wifh the Comprehensive Plan.
General Criteria for Canditional Use Permits
The following general criteria in the Development Code may apply to the review and approval of
conditional use permif applications jChapter 1, Section 8.4]:
(1) The condi#ional use will be in compliance with and shall not have a negative
effect upon the Comprehensive Plan, including public facilities and capital :
impravement plans.
(2) The establishment, maintenance or operation of the conditional use will promote
and enhance the general public welfare and will not be detrimental to or endanger
the public health, safety, morals or comfort.
{3) The conditional use will not be injurious to the use and enjoyment of ather
property in the immediate vicinity for the purposes already permitted, nor
substantially diminish and impair property vafues or scenic views.
(4} The establishment of the condi#ianal use will nof impede the normal and orderly
development and improvement of surrounding property for uses permitted in the ,
district.
(5} Adequate public facilifies and services are available or can be reasonably
provided to accommodate the use which is proposed.
(6} The conditional use shall conform to the applicable regulations of the district in
which it 9s located and all other applicable standards of this Chapter.
(7) The conditional use oomplies with the general and specific pertormance
standards as specified by this Section and this Chapter.
The Planner finds that the proposed use is consistent with the criteria for approving conditional
use permits in the Development Code_
ZONING C�NSIDERATIONS
- Beauty Salons, barbers, day spas, rnassage therapy, and similar personal-services are allowed
in the Village Mixed Use (VMU B)Zoning District by CUP. The Zoning Ordinance contains no
1
Lalli Conditionai Use Permit Request Page 3 July 17, 2012
specific standards for this particular use. A review of the applicable Development Standards
[Chapter 2, Section 3] includes the following:
Pa�king
According to Chapter 2, Section 3.10(4)(C), Beauty Safons, barbers, day spas, massage
therapy, and similar personal services must provide two(2) spaces per station. Since the
proposed use is part of the Scandia Plaza development, it meets the required parking space
requirements. 7he developmenYs parking lot also provides the required handicapped space.
Signs
The Applicant has not yet determined the business name and has not yet proposed signage for
the business. The Applicant will need to submit an application with a drawing of any proposed
sign to the City for an administrative permit. The sign will need to be consistent with the overall
sign plan that was approved for the shopping center.
OPTIONS FOR THE PLANNING COMMISSION
The Planning Commission can recommend to the Council to:
1. Approve the request.
2. Approve the request with conditions.
3. Deny the request with findings.
4. Table the request.
PLANN[NG STAFF RECOMMENDATlOAIS
The Planner recommends approval of the Conditional Use Permit to allow for a massage
therapy business to operate at the Scandia Plaza, located at 21150 Ozark Avenue. The Planner
recommends the following conditions:
1. The project and use are consistent with the application dated July 2, 2012.
2. The Applicant shall obtain a Sign Permit prior to erecting any business signage.
1
File No. ��o�
APPLICATION FOR PLANNING AND ZONING REQUEST
City of Scandia, Minnesota
14727 209th Street North,Scandia,MN 55073
Phone 65l/433-2274 Fa�c 653/433-5112 Web http://www.ci.scandia.mn.us
Please read befare completing: The City will not begin processing an application that is incomplete. Detaiied submission
requirements may be found in the Scandia Development Code,available at ihe Ciry office and website(www.ci.scandia.mn.us)and in
the checklist forms for the particular type of application. Application fees are due at the time of application and are not refundable.
I. Property Location: (street address, if applicable) ��
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2. Washington County Parcel ID:
l�� !�3 , a o . 3� 000 �
3. Complete Legal Description: (attach if necessary)
�-/a v�/krr,Sar� �3v�5ir��sS �o,�-k
(�Qf 1 � �oc� I
4. Owner(s): " Phone:
(h)
K � � �n-��r r5�'S
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Street Address: / l ��f� ,, 1 E-Mail: ,
{p�� L..KK�= .ST-• SL3.
City/State: �0 V Q S� ���- � ,/Vi/� Zip: .s�0 Z5
5. Applicant/Contact Person: Phone:
d���fh��� �--� �� � �'> (a � 2 - 237- 355/
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Street Address (Mailing): � � �,� 23�t�' S�-, �� E-Mail: ���j�`Pp llS cr ��,hn�. Ct�
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City/State: �y^�S� �-d��.�� �1')(� .'S 5� �o�5 Zip:
6. Requested Aetion(s): (check all that apply)
Variance _ Admmistrative Pemnit _ Amendment (Development Code)
Variance Extension ��e� _ Amendment(Comp.Plan)
� CondiUonal Use Pernvt(CUP) Site Plan Review —
(type) Subdivision,Minor
CUP Extension
CUP/Open Space Subdivision. — Site Plan Modification _ Subdivision,Preliminary Plat/Major
� CUP/Planned Unit Development — Site Plan Extension ____ Subdivision,Final Plat
^ Interim Use Permit{lUP) — Sign(Pern�anent) Environmental Review
� l l/19/2010
7. Brfef Description of Request: (attach separate sheet if necessary)
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1 hereby apply for consideration of the above described request and declare that the information and materiais submitted
with this application are complete and accurate. I understand that no application shall be considered complete unless
accompanied by fees as required by city ordinance. Appiications for projects requiring more than one type of reveew
shall include the cumulative total of all application fees specified for each type of review. 1 understand that applicants
are required to reimburse the city for all out-of-pocket costs incuned for processing,reviewing and hearing tlae
application. These costs shall include,but are not limited to:parcel searches;publication and mailing of natices;review
by the city's engineering,planning and other consultants;legal costs,and recording fees. An escrow deposit to cover
these costs will be colleeted by the city at the time of application. The minimum escrow deposit shall be cumulative total
of all minimum escrow deposits for each type of review required for the project,unless reduced as provided for by
ordinance. The city may increase the amount of the required escrow deposit at any time if the city's costs are reasonably
expected to exceed the minimum amount. Any balance remaining after review is complete will be refunded to the
applicant. No interest is paid on escrow deposits.
PLEASE NOTE: If the fee owner is noi the applicant, the applicant mnst provide written authorization by the fee
owner in order for this application to be considered complete.
Property Fee Owne Signature(s) Date:
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Appticant Signature4s) �� Date:
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For City Usc Only �A��
Appiication Fees: T OS a� • �� ��� L ����
Escrow Deposit: � �� �' Q�
i lll9/2010
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