TO: Mayor and City Council
FROM: Beth Beatty, City Manager
SUBJECT:
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Ordinance Approving a Special Use Permit to Allow a Massage Therapy Business, Located at 218 S. Larkin Avenue (ZBA 2024-39)
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BACKGROUND:
The petitioner and business owner, Keisha Johnson, is requesting approval of a Special Use Permit to allow a massage therapy business (Kobi’s Massage Therapist LLC) in a tenant space in the salon suites at 218 S. Larkin Avenue. The building, which is occupied by “A Salon Suite,” has 16 private salon suites for rent to businesses such as hair salons, nail salons, and eyelash studios. The site has sufficient parking, with around 27 spaces to serve the entire building. The property is zoned B-3 (general business).
The petitioner has had an active massage therapy license for 15 years and is the only employee of their business. They have already completed the background check as part of their City business license application. They have been at this location for around 5 years, and were recently contacted by Business Services and informed that they needed a business license and a special use permit for a massage therapy business.
The tenant space in question is an approximately 9-foot by 15-foot salon suite. Each suite has its own separate entrance from the interior building corridor. Hours of operation are Sunday through Thursday 10 AM to 10 PM.
The proposed business is located along a commercial corridor and surrounded by retail and service uses. The massage therapy business will not be harmful to or impede the use and development of other businesses and operations within the area. Economic Development staff have reviewed this request and are not opposed to it.
ZONING BOARD OF APPEALS PUBLIC HEARING:
The Zoning Board of Appeals held a public hearing on this matter on August 15, 2024. Keisha Johnson, petitioner and business owner, represented the petition. Five people spoke in favor of the petition. No one appeared or submitted comments in opposition to the petition. Meeting minutes are attached.
RECOMMENDATION OF THE ZONING BOARD OF APPEALS:
Ralph Bias moved that the Zoning Board of Appeals recommend approval of the Special Use Permit request to allow a massage therapy business at 218 S. Larkin Avenue, subject to the following conditions:
1. That a City business license shall be obtained;
2. That the Special Use granted shall herein terminate and lapse unless a building permit or certificate of occupancy is obtained not later than 180 days of the effective date of this ordinance and the erection or alteration of a building is started or the use is commenced within such period. The Board may grant an extension of this period, valid for no more than one hundred and eighty (180) additional days, upon written application and good cause shown without notice or hearing. Whether or not there is an intention to abandon the Special Use, if any special use is discontinued for a continuous period of one year, or if an intent to abandon the Special Use is evident in a shorter period of time, the Special Use for such use shall become void, and such use shall not thereafter be reestablished unless a new Special Use Permit is obtained; and
3. Should the property be declared a public nuisance, it shall be subject to a rehearing and a possible revocation of the Special Use Permit.
Bob Nachtrieb seconded the motion, which passed with six (6) aye votes and no nay votes. Voting aye were: Hennessy, Nachtrieb, Bias, Roehr, Riggs, and Radakovich. Voting nay were: none.
RECOMMENDATION:
recommendation
The Administration concurs with the recommendation of the Zoning Board of Appeals and recommends that the Mayor and City Council adopt an Ordinance approving the Special Use Permit to allow a massage therapy business at 218 S. Larkin Avenue, subject to the same conditions approved by the Zoning Board of Appeals above.
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