Loading...
HomeMy WebLinkAbout2025-065 CCRMember Graves introduced the following resolution and moved its adoption: RESOLUTION NO.2025-065 RESOLUTION REGARDING THE RECOMMENDED APPROVAL OF PLANNING COMMISSION APPLICATION NO. 2025-005 FOR AN APPROXIMATELY 780-SQUARE FOOT EXPANSION OF THE BROOKLYN BLVD DENTAL CLINIC AND ASSOCIATED VARIANCES (5831 BROOKLYN BOULEVARD) WHEREAS, Planning Commission Application No. 2025-005, submitted by MMS Properties LLC ("the Applicant") requests review and consideration of an application requesting site and building plan approval for an approximately 780-square foot expansion of the existing approximately 4,005-square foot dental clinic located on the approximately 1.03-acre Subject Property for an approximately 4,785-square foot building; and WHEREAS, Section 35-7601 (Applicability) requires site and building plan approval in cases where the construction or erection of a new building or addition to an existing building would result in an increase in gross floor areas of more than 10 percent and the proposed clinic expansion would result in a 19.5 percent increase to the overall gross floor area; and WHEREAS, amendments to the approved site and building plan of 25 percent or less change in gross floor area would be considered a minor amendment, but the Applicant's request for certain variances automatically moves the building modifications into a major site and building amendment per Section 35-7605 (Amendments); and WHEREAS, the existing building is centrally located on an approximately 1.03-acre parcel and the Subject Property slopes downhill to the west; and WHEREAS, at the time of its construction, the existing approximately 4,005-square- foot building was constructed at an approximate 50-foot setback, which at the time was a typical minimum front yard setback required for properties abutting major thoroughfares like Brooklyn Boulevard (County Road 152); and WHEREAS, the City's new Unified Development Ordinance, adopted in January 2023, rezoned the Subject Property from C1 (Service/Office) District to MX-N2 (Neighborhood Mixed -Use 2) District, and instituted new dimensional standards as provided for under Sections 35- 2302 (MX-N2— Neighborhood Mixed Use) and 35-5100 (Dimensional Standards Summary), including a maximum allowable front build -to setback of between 5 and 20 feet, and the Applicant requests an approximately 24.3 setback along Brooklyn Boulevard for a deviation of approximately 4.3 feet; and WHEREAS, the Applicant further requests a variance from a requirement that at least 50% of the first floor of the front fayade of the primary building be located not more than ten (10) RESOLUTION NO. 2025-065 feet from the front lot line for a deviation of approximately 14.3 feet; and WHEREAS, City staff acknowledges that in order for the Applicant to comply with the new dimensional standards the existing building would need to be nearly doubled in size in order to meet the maximum allowable front build -to setback and requirement that at least 50% of the first - floor fagade be located not more than 10 feet from the front lot line; and WHEREAS, the Planning Commission of the City of Brooklyn Center, Minnesota held a duly noticed and called public hearing on June 12, 2025, whereby a planning staff report was presented and public testimony regarding Planning Commission Application No. 2025-005 were received; and WHEREAS, the Planning Commission of the City of Brooklyn Center, Minnesota considered the major amendment to the site and building plan and variance requests in light of all testimony received, the guidelines and standards for evaluating the requested major amendment to the site and building plan under Section 35-7604 (Site and Building Plan Approval Criteria) and variances contained in Section 35-7100 (Variance) of the City's Unified Development Ordinance, the City's 2040 Comprehensive Plan, as well as information provided by the Applicant with respect to the proposed use's operations and need for expansion, and the request generally satisfies the criteria outlined within the above Sections; and WHEREAS, the City Council of the City of Brooklyn Center, Minnesota finds as follows regarding Planning Commission Application No. 2025-005, as submitted by Applicant MMS Properties LLC: a) The proposed building expansion and site improvements will comply with all applicable requirements of the City's Unified Development Ordinance, with exception of the requested variances to allow for the building expansion; b) The proposed building expansion and site improvements adequately protect residential uses from the potential adverse effects of a non-residential use; c) It is consistent with the use and character of surrounding properties along Brooklyn Boulevard; d) It provides safe conditions for pedestrians or motorists and prevents the dangerous arrangement of pedestrian and vehicular ways; and WHEREAS, pursuant to Minnesota Statutes Section 462.357, subdivision 6, the City Council further finds as follows: a) The requested variances are in harmony with the general purposes and intent of the City's Unified Development Ordinance; b) The variances are consistent with the City's 2040 Comprehensive Plan; c) The Applicant proposes to use the Subject Property in a reasonable manner permitted by the City's Unified Development Ordinance; RESOLUTION NO. 2025-065 d) The plight of the Applicant is due to circumstances unique to the Subject Property and not created by the landowner; and e) The variances would not alter the essential character of the locality in which the Subject Property is located. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that it hereby approves Planning Commission Application No. 2025- 005 for the requested major amendment to the site and building plan and certain variances to the front build -to setbacks that would allow for an approximately 780-square foot expansion of the Brooklyn Blvd Dental Clinic and related site improvements at the Subject Property addressed as 5831 Brooklyn Boulevard, conditioned on compliance with all of the following: 1. Any major changes or modifications to this site and building plan, and as outlined within the City Code, can only be made by an amendment to the approved site and building plan and approval by City Council. 2. The Applicant shall revise the submitted plans to provide a connection between the private sidewalk and public multi -use trail. 3. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 4. The Applicant shall work to ensure all applicable Minnesota Fire Code requirements have been met as part of any site and building plan approval and any proposed modifications. 5. A SAC determination shall be submitted by the Applicant to the Metropolitan Council and any associated fees paid at time of any building permit issuance. 6. The Applicant shall revise the submitted photometric plan to identify any new building or site lighting as part of the proposed addition and a fixture schedule, with lighting in compliance with Section 35-5400 (Exterior Lighting) of the City Code. 7. The Applicant shall comply with Section 35-5600 (Landscaping, Screening, and Fences) and revise the provided site plan as necessary to identify any preserved plantings and ensure any new planting locations are not within identified utility easements or over underground utility lines. a. The Applicant shall ensure an irrigation system is in place or install a new system where necessary to facilitate maintenance of site landscaping and green areas, and an irrigation shop drawing shall be provided for review and approval prior to installation. 8. Any outside trash disposal facilities and rooftop or ground mechanical equipment shall be appropriately screened from view per City Code requirements and a detail sheet provided. 9. The Applicant shall comply with all conditions identified by the City of Brooklyn Center Engineering Division. 10. The Applicant shall submit a sign permit application for any proposed or relocated signage (e.g. wall, freestanding) and receive issuance of a permit prior to any installation. All signage shall conform to Section 35-6000 (Signs) of the City Code. RESOLUTION NO.2025-065 June 23, 2025 Date ATTEST: SQMI City Clerk Mayor The motion for the adoption of the foregoing resolution was duly seconded by member Kragness and upon vote being taken thereon, the following voted in favor thereof: Graves, Jerzak, Kragness, Lawrence -Anderson, Moore and the following voted against the same: none whereupon said resolution was declared duly passed and adopted.