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Res 2005- 17 Approving CUP @ 1440 Northland DriveCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 05-17 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR MASSAGE THERAPY AT 1440 NORTHLAND DRIVE WHEREAS, Ms. Roxanne Moran, on behalf of Brown College, has applied for a Zoning Ordinance Amendment and CUP for Massage Therapy Instruction at 1440 Northland Drive [Lots 3 and 4, Block 1, and Out lot A, Inland Industrial Park, according to the recorded plat thereof, Dakota County, Minnesota. PIN 22-2100] as proposed in Planning Case #05-07; and WHEREAS, The Planning Commission held a public hearing on this application at their regular meeting on February 22, 2005; and WHEREAS, The Planning Commission voted to recommend that the Council approve the Zoning Ordinance Amendment and CUP for Massage Therapy Instruction as presented to the Planning Commission on the evening of February 22, 2005 and as shown in Planning Case #05-07, NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights that a Zoning Ordinance Amendment and CUP for Massage Therapy Instruction for 1440 Northland Drive as proposed in Planning Case #05-07 is hereby approved on the following conditions: 1. The massage therapy services shall only be provided to the general public for purposes of a teaching program accredited by the National Certification Board for Therapeutic Massage and Bodywork and the Accrediting Commission of Career Schools and Colleges of Technology as an Accessory Use to Trade Schools, Colleges, and Universities in which no fee is charged for the services. 2. Professional standards, the code of conduct and scopes of practice of the National Certification Board for Therapeutic Massage and Bodywork shall be observed at all times while massage therapy services are provided. 3. No provider of these massage therapy services shall advertise to the general public for these services. 4. The massage services shall be provided only during afternoon, evening, or weekend hours (no weekday mornings). ) 5. No more than ten individuals may receive massage services at any one time. 6. No fees may be collected for the services provided in a facility providing massage therapy services. 7. In the event parking issues are encountered due to public use of the facility, the City may reconsider the conditions of the Conditional Use Pelinit. BE IT FURTHER RESOLVED that in support of the above approval, the Council hereby makes the following Findings of Fact: The proposed use is an integral accessory use to an existing permitted use in the Industrial District. 2. The proposed use, with the required conditions, will not cause conflicts with the surrounding industrial park uses. 3. The proposed use, subject to the required hours of operation in the Conditional Use Permit, will not cause conflicts with on- street parking. BE IT FURTHER RESOLVED that the Zoning Ordinance Amendment and CUP for Massage Therapy Instruction for 1440 Northland Drive as proposed in Planning Case #05 -07 would not have an adverse impact on the health, safety, and general welfare of the citizens of the community and the surrounding land, and would not be adverse to the general purpose and intent of the Zoning Ordinance. Adopted by the City Council of the City of Mendota Heights This 15th day of March, 2005. ATTEST: By Kathleen M. Swanson, City Clerk CITY COUNCIL CITY OF OT GHTS By John Hu