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Home My WebLink AboutPC82013 - 3/11/82 - 2810 Cty Rd 10PLANNING COIV MSSION FILE CHECKLIST File Purge Date: FILE INFORMATION Planning Commission Application No. PROPERTY INFORMATION Zoning: PLAN REFERENCE Note: If a plan was found in the file during the purge process, it was pulled for consolidation of all plans. Identified below are the types of plans, if any, that were consolidated. • Site Plans • Building Plans • Other: FILE REFERENCE Note: The following documents were purged when this project file became inactive. We have recorded the information necessary to retrieve the documents. Document Tvoe Date Range Location Agenda Cover Sheet: Planning Commission Agenda Book Minutes: Planning Commission _'�F� City Vault Minutes: City Council -3/� City Vault Resolutions: Planning Commission City Vault Resolutions: City Council City Vault Ordinances: City Council City Vault Historical Photographs: Planning Commission City Archieve PLANIINING C(iIHMW;`_; ON Ai'4,11(;i1110N Application No. 82013 Street Location of Property Legal Description of Property Please Print Clearly or Ty - 2810 County Road 10 Tract C, R.L.S. 1186 Owner 2810, Inc. Address Suite 601 - Brookdale Towers Applicant Address_ Keith Boyum 19715 Stieg Road - Rogers, MN 55374 Type of Request: Rezoning Variance Special Use Permit Description of Request: Operate Suntanning Studio. Phone No. 574-7800 Phone No. 420-2296 Subdivision Approval Site & Bldg. Plan Approval Other: The applicant requests processing of this application and agrees to pay to the City of Brooklyn Center, within fifteen (15) days ;after mailing or delivery of the billing sta te- meni:, the actual costsincurred by the City for Engineering, Planning and Legal expenses reasonably and necessarily required by the City for the processing of the application. Such costs shall be in a0dition to the application fee described herein. Withdrawal of the applica:ion shall not relieve the applicant o the Obligation to pay cos Ls incurred prior to withdrawal. i / Fee $ 50.00 X plicant s Signature Receipt No. 57856 Date: March 1, 1982 PLANNING COMMISSIOECOMMENDATI0 -- Dates of P.C. Consideration: Approved --L/— Denied following conditions: this It day of _ TL 64'ek CITY COUNCIL ACTION Dates of Council Consideration: Approved Denied this v2 day of lC2 c' amendment: 19 eZ, subject to the man 19 with the following .,ie P/1 Form No. 18 (over please) CITY OI'' F.ROOY.LYN CENTER, MINNESOTA 6301 Shingle Creek Parkway 55430 JCE- URES AND REQUIREMENTS FOR FILING APPLICATION FOR SITE AND BUILDING .AN APPROVAL N to submission of an application for plan review and approval, prospective :ants should arrange an informational meeting with the Planning Staff to ..:s preliminary plans and to become familiarized with applicable ordinance )olicy provisions. e (3) copies of the following documents and information shall be submitted, least 14 days prior to the date of the regular Commission meeting, concurrent z filing the application (required documents must be consistent with ordi- .,:.ce and policy provisions before an application may be accepted): A certified site survey drawing by a registered engineer or land surveyor showing pertinent existing cor.'idition, accurately dimensioned. ?.* An accurately scaled and dimensioned site plan indicating: a) parking layouts including access provisions; b) designations and locations of accessory buildings; c) fences, walls or other screening, including heights and type of material; d) outside lighting provisions, type and location; e) curbing. I * A landscapc plan sincv.ing areas to be sodded or see&ed; location, size and species of trees and shrubbery. '_.* Building floor_ plans, elevations, sections an'd. specifications, including materials proposed. 1 r? ,- -• .Y n r �� s r• i i t a .* Existing an'- propose "Land elevaticns, ,may inµge p_. •zi_•ions, anc. ut t:x provisions. *J, Additional drawings, plans or information deemed necessary by the Secretary. *Must be prepared by a registered architect or person registered with the State h.iard of Registration for Rrchitects, Engineers and Land Surveyors, and said ,�_-Lwings/plans shall Le so certified.. �kA : Upon approval of pl-ans by the Council and prior to issuance of permits, d :�.rfor_r.;ar�ce reero;it as to approved site i..pro=� .r,ents and a supporting inan- f` y x u�.Il : _n" � n a?: c-1IitGliilt t0 1 �et.err:,i ...'.C� by :i7@ :L are regp, red. ?�ccen t - 'i7.ili l C':..ml it;ai �Uci,3_nc 1 i::ue G.'_` h k� i° rid'; ce ti iCat' Cr deposit; and rtrformance bona. Copies of the •"ucning Ordinance -,Pay be obtai need from the Ad7•?1nistrative Office. �Uestions should be directed to the Planning and Inspection Department. P/I Form No. 19 Planning Commission Information Sheet Application No. 82013 Applicant: Keith Boyum Location: 2810 County Road 10 Request: Special Use Permit The applicant seeks special use permit to conduct a sun tanning studio on the first floor of the Brookdale Office Tower at 2810 County Road 10. The land on which the office building is located is zoned C2 and is surrounded by Northway Drive on the west and north, by the Shingle Creek greenstrip on the east, and by County Road 10 on the south. This application is submitted for Planning Commission and City Council review not only to act on the request for a special use permit, but also to determine how sun tan studios (which are presently listed nowhere in the Zoning Ordinance) should be classified. After some discussion with the applicant and with other municipal zoning officials, it is the staff recommendation that sun tan studios be classified, along with health spas, recreation centers, etc. as a special use in the C2 zone which cannot abut R1, R2 or R3 property. The use, as described in a letter from the applicant (attached), involves the use by patrons of tanning "beds" equipped with flourescent lights which tan the body surface with ultraviolet light. The tanning beds are located in separate rooms which can be locked from the inside for privacy. A customer lies down on a formica surface on the tanning device and receives ultraviolet rays from an "umbrella" above and the "bed" below. After the tanning session is over, the formica surface is cleansed. There are no showers or sauna available. No massages will be offered. The applicant has indicated, apart from his letter, that two beauticians will be on the premises to offer beauty services in a separate area. The proposed use would occupy 840 square feet on the first floor of the Brookdale Towers Office Building. Parking for the proposed use is considered to be consistent with other office uses since parking for the European Health Spa was calculated at the office formula of 1 space per 200 sq. ft. and other recreational uses have been allowed in the Earle Brown Office Tower and the Industrial Park. Staff have considered three categories in evaluating the nature of the proposed use. The most restrictive approach would be to consider sun tan studios as similar in nature to sauna establishments which cannot abut any residentially zoned (R1 thru R7) property, either at a property line or a street line. The definition of sauna in the City's ordinances does include the use of heat lamps for the purpose of relaxing or reducing. It is felt that the use of the lamps in the proposed use is more for cosmetic purposes and, therefore, need not be grouped with saunas. The least restrictive approach would be to classify the use as similar in nature to barber and beauty services which are permitted uses in the Cl as well as C2 zoning districts. Upon checking with other municipalities, staff find that some communities do classify sun tan studios in this manner while others require a special use or conditional use permit. Most of the cities checked restrict sun tan studios to a zoning district comparable to the C2 zone in Brooklyn Center. We have also checked with the Cosmetology Unit of Consumer Services (Department of Commerce,I,State of Minnesota) which licenses beauty operators and beauty shops. They acknowledged that some beauty shops have sun tanning booths in their shops, however, the State does not consider this operation as a beauty shop requiring a license. 3-11-82 -1- Application No. 82013 continued The State Legislature has created an"Esthetician License" for persons to do "cosmetic care of skin for compensation." The Cosmetology Unit is required to draft rules and regulations before December 31, 1982 regarding such licensing and they are considering including sun tanning studios under this definition. Our main concern is that the operation be run in a clean and sanitary fashion. We would recommend that any approval be subject to the review and approval of the operation and inspection of the premises at least every six months by the Sanitarian for health considerations. Costs for such inspections should be paid for by the operator. Staff recommend that sun tan studios be classified with health spas, recreation centers, bowling alleys, etc. as a special use in the C2 zoning district. The proposed use meets the restrictions as to location placed on those uses and approval is recommended, subject to at least the following conditions: 1. The special use permit is issued to the applicant as operator of the facility and is nontransferable. 2. The special use permit is subject to all codes, ordinances, and regulations and any violation thereof shall be grounds for revocation. 3. The operation is subject to the review and approval of the Sanitarian prior to the issuance of the Special Use Permit. Inspection of the premises by the Sanitarian shall be conducted at least every six months to assure that the operation is being conducted in a clean, healthy and sanitary manner. The costs for such inspections shall be paid by the operator. 4. The operation is subject to any further licensing provisions that may be imposed by the State of Minnesota. 5. The Special Use Permit is issued for a sun tanning operation and the offering of saunas, sauna bath, and massages as defined by City Ordinances is expressly prohibited. 6. The permit is issued contingent upon the adoption of a proposed amendment to the Zoning Ordinance listing sun tan studios as a special use in the C2 zone. 3-11-82 -2- -- - all _ nn nn nn nn nn no y• n• ILInn nn nn nn n n nn nn on . nn =n nn n nn � °n nn nn n ' nn nn �1 �'�• nn nn n nn nn111111111 (� L' C NORTy�q� /T 5 - I � APPLICATION NO. C w 82013 l Q V P CZ CSAH N0�10 m <v 56T i AIP 3 21 —+- 10;11 .1, nn nnnnninnnl "TER TOW: A n It Y