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0 0V <br />REGULAR MEETING NOVEMBER 18, 1986 <br />The regular meeting of the Board of Public Works was convened at <br />9:32 a.m. on Tuesday, November 18, 1986, by President John E. <br />Leszczynski, with Mr. Leszczynski, Mrs. Patricia E. DeClercq <br />and Mr. Michael L. Vance present. Also present was Chief Deputy <br />City Attorney Thomas Bodnar. <br />APPROVE MINUTES OF PREVIOUS MEETING <br />Upon a motion made by Mrs. DeClercq, seconded by Mr. Vance, and <br />carried, the minutes of the November 10, 1986, regular meeting of <br />the Board were approved. <br />PUBLIC HEARING AND DENIAL OF MASSAGE ESTABLISHMENT LICENSE <br />APPLICATION - CYNTHIA G. BOYNTON, D/B/A ROSE QUEST NUTRITION <br />CENTER <br />Mr. Leszczynski advised that this was the date set for the <br />Board's Public Hearing regarding the Massage Establishment <br />License application of Cynthia G. Boynton, d/b/a Rose Quest <br />Nutrition Center, 2215 McKinley Avenue, South Bend, Indiana. The <br />Clerk tendered proofs of publication of Notice of Public Hearing <br />in the South Bend Tribune and the Tri-County News which were <br />found to be sufficient. <br />Ms. Cynthia Boynton was present and advised the Board that she <br />provides therapeutic massages to private clients for health <br />reasons and she is not open to the public. <br />There being no one else present wishing to address the Board <br />concerning this matter, upon a motion made by Mr. Leszczynski, <br />seconded by Mr. Vance and carried, the Public Hearing was closed. <br />Mr. Leszczynski advised that this application has been reviewed <br />and has received favorable recommendations from the Bureau of <br />Traffic and Lighting and the Fire Department. The Building <br />Department, however, has advised that the location of the <br />establishment is zoned "A" residential and therefore not properly <br />zoned for the operation of a massage establishment. The Building <br />Department further advised that the establishment did not meet <br />ordinance requirements concerning signage, bathroom facilities <br />and security lockers. <br />Ms. Boynton informed the Board that she did not want signage at <br />her place of business advertising massages, because she does not <br />provide massages to the general public but only to her private <br />clients. In regards to the lockers, she stated that she would <br />install the appropriate lockers if necessary. Ms. Boynton <br />further stated that the building at 2215 McKinley Avenue is owned <br />by Cressy and Everett Realty and that she was advised by them <br />that the building was previously used as an office and she could <br />conduct her business there. She advised that she lives upstairs <br />and conducts her business downstairs. Further, residents of the <br />area are aware of the type of business which she conducts and she <br />has not heard any complaints. <br />Mr. Vance stated that the zoning issue is a problem and needs <br />clarification and as he was unaware of whether or not the <br />ordinance relates differently to massages provided to the general <br />public as opposed to private clients, that issue needs to be <br />resolved. He further stated that he would have a problem voting <br />to approve the license until the matter is cleared up. <br />Board Attorney Thomas Bodnar advised that the ordinance does not <br />distinguish between massages given to the general public and <br />those given to private clients and that the only exceptions <br />stated in the ordinance are hospitals, barbershops and schools. <br />