PC Resolution 2021-31 Board of Appeals Denial 2159 Delaware AveRESOLITTION 2021-31.
IN THE R4 ONE FAMILY11, DISTRICT
LOCATEDAT 2159 DELAWARE AVENUE)
WHEREAS, Julie A. Olson (ihe "Applicant") has requested an appeal from a decision
made by the zoning administrator denying a request to allow a massage therapy business as a
permitted home occupation use and activity in the R-1 One Family Residential District, with said
business to operate within an accessory structure, and for the property located at 2159 Delaware
Avenue (the "Subject Property"), as proposed under Planning Case No. 2021-03; and
WHEREAS, City Code Title 3-6-1: Therapeutic Massage Enterprises contains specific
provisions regarding the placement of massage therapy businesses in nonresidential districts, and
City Code 124B-2: Definitions (Zoning) provides specific definitions and provisions related to
accessory uses or structures, dwellings, home occupations, and massage therapy (therapeutic
massage) businesses; and
WHEREAS, pursuant to City Code Title 12-1L-3, the City of Mendota Heights Planning
Commission serves and acts as the Board of Appeals, and must determine by resolution, all appeals
from any order, requirement, permit or decision made by the zoning administrator under Chapter
12- Zoning and from any interpretation by the zoning administrator of the text of this chapter; and
WHEREAS, on April 27, 2021, the Mendota Heights Board of Appeals conducted a public
hearing at the regular Planning Commission meeting on the proposed appeal application, and
whereupon receiving a report from city staff and allowing comments from the applicant and
general public, the Board of Appeals closed the hearing and gave careful consideration to this
appeal matter.
NOW THEREFORE BE IT RESOLVED by the Mendota Heights Board of Appeals,
that the decision made by the zoning administrator denying a request to allow a massage therapy
business as a permitted home occupation use and activity in the R4 One Family Residential
District and to operate within an accessory structure on the Subject Property, as proposed under
Planning Case No. 2021-03, is hereby affirmed, and the appeal as requested herein is
recommended for denial based on the following findings -of -fact:
The subject property of 2159 Delaware Avenue is situated in the R-1 One Family
Residential District; and as such, this request to operate a massage therapy business as a
home occupation at his location violates the following provisions:
a) the proposed massage therapy use would be conducted by a non -homestead or legal
resident of the subject property; and
b) the proposed massage therapy use would be conducted m a room or area outside of the
principal structure, which in this case is a converted barn/accessory structure, which is
not allowed by City Code,
2) The R-1 One Family Residential district does not allow a massage therapy business use as
either a permitted use, conditional use, or as an accessory permitted use in any residential
district.
3) The requested and proposed massage therapy use does not meet the qualifications or
provisions as an allowed home occupation in a residential district.
4) City Code Title 3-6-1 provides for the licensing requirements for massage therapists and
therapy businesses in the city, and it generally states: "Is located in a fixed location in a
nonresidential district within the city wherein massage therapy services are provided. ";
and since the subject property is located in a residential district, any allowed massage
therapist use or license would violate this provision.
5) Massage Therapy businesses or uses in the City of Mendota Heights are only permitted in
a nonresidential district, which include the B4 Limited Business, B-2 Neighborhood
Business, and B-3 General Business districts, and by CUP in the I -Industrial district.
Adopted by the Board of Appeals for the City of Mendota Heights this 27u` day of April, 2021.
BOARD OF APPEALS
(PLANNING COMMISSION)
CITY OF MENDOTA HEIGHTS
Litton Field, Jr., Chair
ATTEST:
Prot
orri Smith, City Clerk
Res.
Na.
2021-31
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