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Tempe council upholds DRC approval for Massage Aces after neighbors object, adds storefront and review conditions
Summary
After a quasi-judicial hearing, the council denied an appeal and approved a use permit for Massage Aces at 1761 E. Warner Road, adopting additional conditions including transparent windows and a six-month review; vote was 7–0.
The Tempe City Council denied an appeal and upheld the Development Review Commission’s approval of a use permit for Massage Aces at 1761 East Warner Road, after neighbors raised compatibility concerns.
Appellant Matt Smith presented a petition from 56 neighbors and argued the business type has a history of misrepresentation and can harm adjacent commercial activity and neighborhood character. "Massage establishments have an uncanny ability to present themselves in one way and to represent themselves in reality in a very different way," Smith said, urging stricter scrutiny.
The applicant, represented by a speaker who identified himself as Ben with interpreter Leon, said the operation complied with all legal requirements and agreed to two additional conditions suggested by staff: transparent storefront windows and subjecting the business to city inspections. The applicant also said workers would undergo fingerprinting and background checks.
Staff reported they had notified commercial tenants within the center and that the Tempe Police Department had no active investigations involving the applicant's existing nearby business; staff added a recommended six-month compliance review to monitor operations and storefront transparency.
Council members debated the scope of quasi-judicial review, with city legal counsel advising members to base decisions on the applicant’s record and the evidence presented. Several council members said the record showed no regulatory or police basis to deny the permit; Vice Mayor Garland moved to deny the appeal (thereby upholding the DRC decision) and incorporate the staff-proposed conditions. The motion passed 7–0.
The council’s action allows Massage Aces to proceed to the next administrative steps required for opening, subject to the added conditions including transparent windows and a six-month operations review.
What happens next: Staff will monitor compliance with the conditions and return if enforcement action is required.
