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HomeMy WebLinkAbout2025-064 CCRMember Moore introduced the following resolution and moved its adoption: RESOLUTION NO.2025-064 RESOLUTION REVOKING THE HOSPITALITY ACCOMMODATION LICENSE FOR BC SEVA LLC DBA SUBURBAN STUDIOS HOSPITALITY ACCOMMODATIONS LICENSE WHEREAS, BC Seva LLC, doing business as Suburban Studios ("Licensee"), a business located at 2701 Freeway Boulevard, Brooklyn Center, MN, holds a Hospitality Accommodation License; WHEREAS, Suburban Studios submitted a renewal application for the Hospitality License on March 31, 2025; and WHEREAS, the Brooklyn Center City Council ("Council") approved the license renewal on May 5, 2025; and WHEREAS, the Suburban Studios property is located within a Planned Unit Development ("PUD") in an underlying "historic" I-1 (Industrial Park) zoning designation; and WHEREAS, pursuant to the existing Unified Development Ordinance ("UDO", "Planned unit developments, and parcels zoned as a planned unit development, in accordance with prior zoning regulations shall remain in effect and shall remain subject to any and all agreements, conditions and standards applicable to the planned unit development. Amendments shall be processed in accordance with the procedures identified for planned unit developments in this UDO;" and WHEREAS, on or about June 2, 2025, Suburban Studios ceased operating as a Hospitality Accommodation establishment pursuant to Brooklyn Center City Code Section 23-2402(C) and instead began operating as Care Chexx ("Care Chexx") Recuperative Care Facility; and WHEREAS, during an onsite inspection, city staff learned that the Care Chexx had (1) entered into a three-year operator's lease with BC Seva LLC, (2) hired all of Suburban Studios house -keeping staff, (3) employed full-time medical staff, including LPNs, RNs, and Nurse Practitioners for a 24-hour operation; and WHEREAS, city staff also learned that in order to operate the facility, Care Chexx staff must hold Recuperative Care Licensure through the Department of Human Services; and WHEREAS, the Recuperative Care facility provides care to homeless individuals who are being discharged from the hospital; and WHEREAS, through investigative efforts, city staff concluded that Suburban Studios is not operating as a Hospitality Accommodation and began operating as a Recuperative Care Facility in violation of the zoning code; and WHEREAS, the Licensee neglected to properly amend the Planned Unit Development as required by the PUD and city ordinance; and WHEREAS, based on facts and findings of city staff obtained through investigation and inquiry and memorialized in the staff report and attachments, Zoning Enforcement Letter, and Hospitality Accommodation Violation Letter, city staff has found that Suburban Studios violated Section 23 of the City Code by ceasing to operate as a Hospitality Accommodation and violating the zoning code; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Brooklyn Center hereby revokes the Licensee's Hospitality Accommodation License based on the foregoing recitals and the following findings of the City Council: 1. The Licensee has ceased operation as a Hospitality Accommodation. The Licensee sought renewal of the Hospitality Accommodation License, received the renewal, and then entered into an operators lease for the operation of a Recuperative Care Facility onsite; 2. The Licensee has failed to seek proper zoning approvals and has failed to amend the existing Planned Unit Development Agreement pursuant to the terms and conditions of the PUD and the UDO. The City has not received a rezoning request or an application for PUD Amendment prior to changing the use of the premises to a Recuperative Care Facility which is grounds for revocation pursuant to Section 23-2413(A)(6) of the Hospitality Accommodation License Ordinance. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the City of Brooklyn Center does hereby revoke the Hospitality Accommodation License for BC Seva LLC, dba Suburban Studios subject to the following conditions: 1. The Hospitality Accommodation License revocation shall take effect 21 calendar days from the date of the passage of this resolution; 2. Licensee shall comply with any conditions and requirements as outlined in the city licensing code. ADOPTED this 23rd day of June 2025, by the Brooklyn Center City Council. June 23 2025 Date Mayor ATTEST: AW City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Lawrence -Anderson and upon vote being taken thereon, the following voted in favor thereof: Jerzak, Kragness, Lawrence -Anderson, Moore and the following voted against the same: Graves whereupon said resolution was declared duly passed and adopted.