Planning Report

Date:	September 19, 2000

Case:	SP00-13

Subject:	Special Use Permit - Tattooing as an Accessory Use

Applicant:	Eclispe Salon/Cheryl Hedrick

Request & Background

To hold a public hearing and consider a request by the Eclipse Salon and Cheryl Hedrick to perform permanent cosmetic makeup (tattooing) as an accessory use within the existing Eclipse Salon located at 2611 North Innsbruck Drive (see attached description). There are no changes proposed to the existing facility, and there will be no outside signage in association with the use. It will simply provide for an additional service within the salon. The applicant is a certified permanent cosmetic technician.

The subject property is zoned B-3, General Business. Section 5-220 of the Zoning Ordinance states that the City Council may permit any use in a business district (except residential uses) by means of a Special Use Permit if the use meets the standards of Section 8-130 (special use criteria).

Findings

Section 8-010, Site Plan Review

Section 8-130, Special Use Standards

Site Characteristics

1.	Location:	2611 North Innsbruck Drive

2.	Lot Size:	The site is 1.6 acres (Innsbruck Professional Center)

3.	Topography:	Relatively flat

4.	Vegetation:	Landscaping around the perimeter in most areas

5.	Sensitive Areas:	None

6.	Comprehensive Plan Designation:	General Business

7.	Zoning:	B-3, General Business

8.	Surrounding Land Uses:

North:	Wells Fargo Bank (B-3, Gen. Business)

South:	Minar Ford (B-3, Gen. Business)

East:	McDonald's (B-3, Gen. Business)

West:	R-2, Two Family Residential

Site History

1.	Past Uses:	Eclipse Salon (Innsbruck Professional Center)

2.	Historical Significance:	None

Departmental Considerations

Community Development

1.	Parking & Drive Aisle Setbacks:	Required: 30' front; 5 foot side & rear

Existing: 30' front; 5' side & rear.(No changes proposed).

2.	Landscaping/Screening:	There is an existing perimeter landscaping installed with this facility was developed, no changes are proposed.

3.	Impact on Land Uses:	The proposed use will have little or no impacts on the adjacent land uses. The proposed use will take place entirely within the existing Salon, and there will be no exterior signage. As demonstrated below, the proposed uses does fit uses allowed within a B-3, General Business District.

Per Section 5-210 of the Zoning Ordinance, the intent of the B-3, General Business Zoning District: "A general business district, as distinguished from a neighborhood district, contains uses which include the sale of commodities or performance of services for a larger segment of population than the average neighborhood."

The use will be accessory to the existing beauty salon, which is a permitted use within the B-3 District. Additional uses that will take place within the business will be therapeutic massage, which has been licensed by the City, and ear candling. Similar uses allowed as a permitted use within this zoning district would be a medical clinic performing minor surgery.

Therefore, it is staffs opinion that the proposed use should be allowed within the B-3, General Business Zoning District. It is further recommended that the City adopt regulations for tattooing and related activities. An Ordinance Amendment would include a requirement for yearly licensing through the City.

Public Works

1.	Streets:	None

2.	Curb Cuts:	No new curb cuts proposed

3.	Utilities:	Existing

4.	Grading/Drainage:	No changes are proposed.

5.	Rice Creek Watershed District:	NA

6.	Environmental Concerns:	None

7.	MPCA:	NA

8.	Other Considerations:	None

Sanitation/housing

1.	Weeds:	NA

2.	Garbage/Rubbish Enclosures:	NA

3.	Seating Requirements:	NA

4.	Kitchen Facilities:	NA

5.	Other Considerations:	None

Parks

1.	Proximity of Parks:	None

2.	Proximity to Community Facilities:	None

3.	Impact on Parks:	None

4.	Impact on Community Facilities:	None

5.	Other Considerations:	None

Fire

1.	Hydrant Locations:	NA

2.	Access to Site:	Adequate

3.	Access to Structure:	Adequate

4.	Other Considerations:	None

Police

1.	Traffic Safety:	Adequate - No change in circulation patterns to and from the site.

2.	On-Street Parking:	NA

3.	Site Security:	Adequate

4.	Other Considerations:	None

Staff Comments

Special Use Permit

As specified in Section 8-130 of the New Brighton Zoning Ordinance, no special use shall be recommended by the Planning Commission unless such shall find:

a.	That the establishment, maintenance, or operations of the special use will not be detrimental to or endanger the public health, safety, morals, comfort of the general public.

b.	That the special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood.

c.	That the establishment of the special use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.

d.	That adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided.

e.	That the special use shall, in all other respects, conform to the applicable regulations of the district in which it located.

The proposed use will not have negative impacts on the adjacent land uses, be detrimental to the general public. All activity will take place within the existing salon, and there will be no outside signage associated with the proposed use. A person driving on Innsbruck Drive will not realize that the proposed

permanent cosmetic makeup (tattooing) will be taking place as an accessory use within the Salon. It is simply performing an added service for existing customers.

Recommendation

Alternatives

Special Use Permit

Approval

Motion to waive the reading and adopt the attached resolution recommending approval of SP00-13 subject to the following conditions:

1.	The applicant shall be required to obtain a license through the City of New Brighton, once a tattooing and related activities Ordinance is established.

2.	No permanent signage shall be associated with the proposed use.

Denial

Motion to waive the reading and adopt the attached resolution recommending denial of SP00-13, due to the fact that the proposed use is not allowed within the B-3 District and does not meet the intent of the B-3, General Business Zoning District or the standards of section 8-130 of the New Brighton Zoning Ordinance regarding special use permits.

Continue

Motion to continue the request to the next Planning Commission meeting to provide additional information.

Staff Recommendation

Staff recommends approval of the proposed Special Use Permit subject to conditions above.

Cary K. Teague, City Planner