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Planning Commission Minutes January 24, 1995 Page 5 . 1. LITERAL APPLICATION OF THE PROVISIONS OF THIS ORDINANCE WILL NOT DEPRIVE THE PETITIONER OF SUBSTANTIAL PROPERTY RIGHTS, AS HE IS STILL ALLOWED TO BUILD 2,000 SQ. FT. FOR ACCESSORY STRUCTURE. 2. OTHER PROPERTY OWNERS IN THIS AREA ARE ALSO SUBJECT TO THE SAME REQUIREMENTS FOR ACCESSORY STRUCTURES, THEREFORE, THE SITUATION IS NOT UNIQUE TO MR. LEFEBVRE'S PROPERTY. THERE ARE NO SPECIAL CONDITIONS OR CIRCUMSTANCES WHICH ARE PECULIAR TO THE LAND OR STRUCTURE CAUSING THE NEED FOR A VARIANCE. 3. THE 2,000 SQ. FT. ACCESSORY STRUCTURE AREA STANDARD WAS DEVELOPED FOR THE R1A ZONING DISTRICT WHERE THE MINIMUM LOT SIZE IS 2-1/2 ACRES. MR. LEFEBVRE'S PARCEL IS A NONCONFORMING LOT IN THAT IT ONLY HAS ONE ACRE, YET HE IS STILL ALLOWED TO BUILD TO THE SAME STANDARD AS THE LARGER LOTS IN THAT DISTRICT. COMMISSIONER SULLIVAN SECONDED THE MOTION. THE MOTION CARRIED 6-0. 5.4. GbnsidefKoohConHitlonall..lsepermifRegUeSf!publlCPlearirkrCaseNo.CU9W.39 . Staff report by Gary Schmitz. Charlotte Koon has requested a conditional use permit to operate a therapeutic massage business from the Martin Plaza building located at 934 Highway 10 (north of Highway 10 and east of Proctor Avenue). The property is currently zoned C3 (Highway Commercial). Ms. Koon will be obtaining a therapeutic massage license from the City, as required by City ordinance. The license process involves a background check and is renewed on a yearly basis. The business will be located in the basement of the Martin Plaza building. The applicant has stated she will be providing full body massages and seated chair massages on Tuesdays, Thursdays, Fridays and Saturdays. There will be a minimal amount of traffic generated from the business, as the appointments will last from 1/2 to 1-1/2 hours, with 1/2 hour allowed for changing time. The applicant will be licensed by the State of Minnesota in February, 1995. Gary Schmitz stated that the Martin Plaza site currently has a Class 5 parking lot and does not meet requirements for other site plan issues such as landscaping. He stated that staff feels the proposed use is relatively small and it would not be necessary to require hard-surfacing the parking lot or meet specific site plan requirements at this time. He noted that building health and safety issues would need to be addressed, such as electrical inspections, handicapped accessibility, and septic problems. Gary stated that staff recommends approval of the request with the condition that the massage license be granted by the City, and also, that outstanding building code issues be addressed prior to operating the business. Vice Chair Kreger opened the public hearing. There being no comments from the public, Vice Chair Kreger closed the public hearing. . Gary Schmitz explained that the building code issues would need to be addressed in order for the building official to sign off on the State license. Commissioner Minton stated that he was not in favor of attaching the building code issues to the conditional use permit, since it was a requirement of the State license.