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 3078 Caton Farm Road (ZBA 2024-51)
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BACKGROUND:
The petitioner and business owner, Keli Gui, is requesting approval of a special use permit to allow a massage therapy business in the tenant space at 3078 Caton Farm Road. The proposed location is in the Westriver Crossings commercial center at the southeast corner of Caton Farm Road and Essington Road. The tenant space is approximately 1,400 square feet and is within the 6-unit section facing Caton Farm Road that contains a restaurant, hair salon, and grocery store. The adjacent parking lot has 33 spaces, with more parking available to the west. The property is zoned B-3 (general business).
The petitioner would be the only massage therapist on staff at this time. The petitioner has an active massage therapy license from the state of Illinois and has been licensed as a massage therapist since 2014. They have already completed and passed the background check that is required as part of their City business license application. The proposed hours of operation are Tuesday through Sunday 10:00 AM to 8:30 PM.
The proposed business is located in a commercial subdivision with various retail and service uses. There is sufficient parking for all building tenants in the adjacent parking lot. 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 the 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 October 17, 2024. Di Wang, family member of the petitioner, represented the petition. Keli Gui, petitioner and business owner, was also in attendance. No one appeared or submitted comments in opposition to the petition. Meeting minutes are attached.
RECOMMENDATION OF THE ZONING BOARD OF APPEALS:
Bob Nachtrieb moved that the Zoning Board of Appeals recommend approval of the Special Use Permit request to allow a massage therapy business at 3078 Caton Farm Road, 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.
Brigette Roehr 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 3078 Caton Farm Road, subject to the same conditions approved by the Zoning Board of Appeals above.
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