Nov. 18—Magnolia Rose Aesthetics, the Botox clinic that was at the center of a Terre Haute City Council rezoning ordinance over which discussion became contentious, has opened for business at 1930 S. Center St.

In order for the business to be operating legally, it must be occupied by the residence's owners, which has become a matter of some controversy and confusion.

Owner Jessica Grimes, however, pointed out in an interview, "You can have multiple residences, and there's no stipulation on how many nights I stay there."

Grimes said she stayed at the home last weekend. "We had a girls' night," she said. "It's not against the law for me to have friends over to spend the night there."

She added, "We're not trying to upset anybody."

The address is currently zoned R-1 Single Family Residence. Grimes Investments LLC, which owns the property, wanted it to be rezoned R-1 Planned Development, which would have allowed the building to house the spa without owners occupying it.

Magnolia Rose offers services such as Botox, Dysport, Dermal Fillers, Microneedling, Sculptra and Lipo Dissolve.

On Nov. 10, the City Council voted down the rezoning petition by a vote of 7-2. That vote, however, did not preclude the spa from opening at the address, since R-1 Single Family Residence District regulations allow for an owner-occupied house to run a business from it.

The next day, Magnolia Rose announced on its Facebook page that it was open and taking reservations. "We have a fully booked weekend!" the post said, in part.

Attorney Richard Shagley II, who represented Grimes Investments before the city counsel, said it was his "understanding" that the owner was occupying the residence. But others said that was not the case.

"Neighbors have made me aware of that," said Terre Haute City Councilman Todd Nation, who voted against the ordinance.

Terre Haute City Attorney Eddie Felling said, "I've already been in contact with their counsel. We're working on it."

Grimes said that city building inspector John Akers came by and she gave him a tour of the residence, which she had renovated extensively. "He gave us a thumbs-up," she said.

However, Felling said another building inspector, Chris Baker, did issue Grimes a ticket concerning the matter. A Dec. 6 initial hearing was set.

Residential businesses are not allowed to have outside employees, but Grimes pointed out that those who work at the spa are freelancers who pay rent for the space.

There is no front desk to receive clients because that would require an employee. The only way to contact Magnolia Rose is to log onto a website to arrange a spa appointment or to send a message to its Facebook page.

Its Facebook page also invites customers to stop by to purchase products, which can be purchased during a client's appointment or by anyone online.

In response to a Facebook query about whether its rezoning petition went successfully, the Magnolia Rose page responded, "It did not. We are operating as a home business. We will continue to look for a new space while enjoying this beautiful home."

Grimes said she has spoken to a Realtor. "We are looking at our options," she said. One reason she is seeking an alternative location is that one of the nurse practitioners on staff wants to order hormones to offer clients, and those can't be shipped to a residence.

Jacob Russell lives across the street and a house over from Magnolia Rose. He said he wasn't aware of the furor and added that the residence was a quiet one.

Magnolia Rose has another clinic in Lawrenceburg. Two of the employees at the Terre Haute location also work there — Dr. Christopher Walker and family nurse practitioner Amber Miller. The Terre Haute location has three other nurse practitioners, Jessica Grimes, Kaity Nevill and Ashtin Stuckey.

David Kronke can be reached at 812-231-4232 or at david.kronke@tribstar.com.