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1 restricting the Sunday hours of operation to noon when the Apache Mall <br /> 2 opened. <br /> •3 Commission Recommendation <br /> 4 Motion by Hansen, seconded by Brownell to recommend the City Council <br /> 5 grant the Touch of' Life School of Massage, Grace Cooney, Director, the <br /> 6 requested conditional use permit for the purpose of providing a <br /> 7 therapeutic massage as well as instruction in such at 2504 - 39th Avenue <br /> 8 N.E. (Apache Squares Building, just west of the main Apache Plaza mall ) <br /> 9 which is in a commercial "C" zoning classification. <br /> 10 The Planning Commission further recommends the permit be granted only <br /> 11 under the following conditions: <br /> 12 1. hours of operation would be restricted to from 8:00 A.M. to 10:00 <br /> 13 P.M. , Monday through Saturday and noon to 6:00 P.M. on Sunday; <br /> 14 2. the permit would be automatically revoked if there is any violation <br /> 15 of applicable City or state statutes related to criminal sexual <br /> 16 conduct by any person associated with the operation; <br /> 17 3. the massage therapy and training offered in this center must comply <br /> 18 with the code of ethics and definition of massage therapy established <br /> 19 by the American Massage Therapy Association which had been provided <br /> 20 by the applicant. <br /> 21 In recommending this permit be granted, the Planning Commission finds <br /> 40 2 that: <br /> 3 a. there was no opposition to the permit demonstrated either before or <br /> 24 during the Commission's December 20, 1988 hearing; and <br /> 25 b. all three conditions statutorily required to be satisfied before a <br /> 26 conditional use permit may be authorized appear to have been met with <br /> 27 this application. <br /> 28 Motion carried unanimously. <br /> 29 After the applicant had left, Commissioner Brownell reported he had <br /> 30 called Dayton and talked to the City Administrator and the Clerk who <br /> 31 had both reported having no problems with Ms. Cooney's operation in <br /> 32 their community. <br /> 33 The City Manager then updated the Commissioners on the curb cut for the <br /> 34 Kenzington Apartments of St. Anthony project for which the redevelopers <br /> 35 had resited some buildings so only 37 of the underground parking stalls <br /> 36 in the senior building would use that driveway for exiting onto Kenzie <br /> 37 Terrace. He said the final plans would be submitted and the closing <br /> 38 scheduled for January 10th not December 22nd as originally thought <br /> 39 because Lang/Nelson had become very concerned about having all tenants <br /> 40 physically out of the project property before they purchased it from <br /> 0 9 <br />