Elburn officials, Asian Massage owners to meet in court

By on July 12, 2013

ELBURN—Elburn officials have filed a complaint against both the business owner of a massage business within the village, as well as the property owner of the building where the business is located.

The business, identified as Asian Massage, last fall took over the spot where Island Tan & Spa was located, in the strip mall on Route 38, west of Route 47. The business was initially advertised as a tanning and nail salon, but it wasn’t long before the nails sign was down and a posting advertising Asian Body Works went up along Route 38.

Although the business’ hours are posted, the door to the business is locked, with a notice to ring the bell for service.

Elburn Building Commissioner Tom Brennan said that Island Tan had been appropriately zoned, but that when the business changed hands and became an adult massage parlor, it was not an appropriate business for the B-2 zoning of the area.

An adult massage parlor is allowed in areas zoned for commercial or manufacturing, several of which are located within the village, Brennan said. Also, even if the business wanted to locate in one of these areas (the east end of North Street or within the Welch Creek Business Center), the owners would still need to come before the Plan Commission and the Village Board for a special use permit.

“They’ve been made aware of this and they haven’t been cooperative,” Brennan said of the owners.

According to Brennan, there is a language barrier with the business owner, and the building owner has hired a lawyer to deal with the situation. On Friday, Aug. 9, a Kane County judge will be asked to make a ruling on the case. Brennan said the owners have been served with a notice to appear in court.

Brennan said he knows that the words “massage parlor” conjure up thoughts of inappropriate activity. However, he said the village has “no reason to believe” that anything salacious is taking place at the location.

“We’ve had no complaints,” he said.

Village President Dave Anderson said he concurred with Brennan’s statement.

“As far as I’m concerned, it’s a zoning issue,” Anderson said. “We have zoning laws and we expect our businesses to abide by them.”