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6. PUBLIC HEARINGS a. UP-96-85. Frances Hodl!:e Application for a conditional use permit to operate a massage therapy business within an existing building located at 239 Main Street, Suite G. Zoning for the property is C-C (Central Commercial) Downtown Revitalization District. Mr. Iserson presented the staff report on the application for a conditional use pennit to operate a therapeutic massage business located at 239 Main Street, Suite G. The area is zoned PUD _ C-C (Central Commercial) District. The proposal is for up to three therapists to occupy the office area. Police Department certification is required. The hours of operation are 8 am to 9 pm. Monday through Saturday. The applicant estimates five clients would be seen per day. Ms. Krell (a therapist also located in the same building) voiced her opposition to this application. She feels the proposed business will be in competition with her business. Staff notes that business competition or concentration is not nonnally considered to be a basis for denial for a conditional use pennit. unless it is a matter of cumulative impacts to the public. Proximity to other businesses alone is not a reason for denial. Parking can be tight in this office complex, but staff has surveyed the area during the day and have found sufficient parking in the downtown area. Staff feels the use pennit findings can be made and recommends approval of Case UP-96-85, subject to the conditions in Exhibit B. PUBLIC HEARING WAS OPENED Frances Hodge, 239 Main Street, Suite G, represented her application. She has read and agrees with the staff report and conditions. Ms. Hodge stated that she will not be in competition with Ms. Krell's business because it is a personal service. Ms. Hodge is moving her existing business and established clientele to this location. She commented that this is a free society and competition is healthy. In response to Commissioner Lutz, Ms. Hodge stated she has had her business name for five years. In response to the letter from Ms. Krell, Ms. Hodge wanted to correct some statements. There will not be six therapists in this office; she plans to rent the other two rooms out for a maximum of three therapists. It is a coincidence that their business names are similar. Ms. Hodge also noted she did not go to Ms. Krell's office to discuss the situation. She ran into a therapist from Ms. Krell's office on the street and had a conversation. Stan Hodge, 775 Bonde Court, spoke in support of his wife's application. Mr. Hodge concurred that his wife's business is by referrals only. Since this is not a "drop-in" business, he does not believe she will be competitive to the other therapy business. Pat Frizzell. 1194 Blanc Court, read a letter from another therapist, Tina Gregory. The letter was in support of the application. The main points were that Ms. Hodge's business will not create unfair competition, massage is not a store-front-type of business. most clients are referrals, therapy is Planning Commission Minutes Page 2 January 22, 1997