Res 2021- 36 Affirming Decision from Board of Appeals Deny Massage Therapy Business In R-1 Res DistrictCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2021-36
RESOLUTION AFFIRMING A DECISION FROM THE BOARD OF APPEALS
DENYING AN APPEAL FROM A ZONING DETERMINATION
TO ALLOW A MASSAGE THERAPY BUSINESS AS A HOME OCCUPATION USE
IN THE R4 ONE FAMILY RESIDENTIAL DISTRICT
WHEREAS, Julie A. Olson (the "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 at 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 12-1B-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, acting as the Board of Appeals, 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 after careful consideration to this appeal matter, unanimously
adopted Resolution No. 2021-31, a resolution of denial to allow a massage therapy business as a home
occupation use in the R-1 One Family Residential District and at the subject property.
NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council, that the
decision from the zoning administrator and Board of Appeal 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 and to operate within an accessory structure in the R-1 Zone is hereby affirmed; and that
Resolution No. 2021.31, adopted by the Board of Appeals on April 27, 2021, is hereby accepted with
the following findings -of -fact:
1. 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 anon -homestead or legal
resident of the subject property; and
b) the proposed massage therapy use would be conducted in a room or area outside of the
principal structure, which in this case is a converted bam/accessory structure, which is
not allowed by City Code,
2) The R-I 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-I 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 B-I Limited Business, B-2 Neighborhood Business,
and B-3 General Business districts, and by CUP in the I -Industrial district.
Adopted by the City Council of the City of Mendota Heights this 4th day of May, 2021.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
L . ^—
Stephan a Levine, Mayor
ATTEST:
Lorri Smith, City Clerk
Res 202136 page 2