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HomeMy WebLinkAbout2025.06.12 PCAPPLANNING COMMISSION CITY OF BROOKLYN CENTER REGULAR MEETING June 12, 2025 Optional public access to the Webex meeting is below: Online: logis.webex.com | Phone: (312) 535-8110 Meeting Number (Access Code): 2630 868 3321 Passcode: BCPC06122025 1.Call to Order — 7 p.m. 2.Roll Call 3.Approval of Agenda a.Motion to Approve Regular Meeting Agenda for June 12, 2025 4.Approval of Meeting Minutes a.Motion to Approve May 8, 2025 Regular Meeting Minutes 5.Chairperson’s Explanation The Planning Commission is an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. 6.Planning Items a.Planning Commission Application No. 2025-005 (PUBLIC HEARING) Applicant | Property Owner: MMS Properties LLC Address: Requests: Summary: 5831 Brooklyn Boulevard | 03-118-21-13-0101 Variances and Site and Building Plan Amendment The Applicant and Property Owner proposes a renovation of the existing, approximately 4,005-square foot Brooklyn Blvd Dental Clinic, and an approximately 780- square foot addition to accommodate a larger patient waiting and reception desk area, three patient operatories, and an ADA compliant restroom. As the existing building is non-conforming with respect to setbacks, certain variances are requested from Sections 35-2302 and 35-5100 of the City Code. b.Presentation: Our Climate is Changing. Why Aren’t We? Presenters: Brooklyn Bridge Alliance for Youth (BBAY), in collaboration with the Metropolitan Council Summary: Youth leaders from Brooklyn Bridge Alliance for Youth (BBAY) have completed a twelve-hour research and conversation project to identify the best ways to PLANNING COMMISSION CITY OF BROOKLYN CENTER REGULAR MEETING June 12, 2025 Optional public access to the Webex meeting is below: Online: logis.webex.com | Phone: (312) 535-8110 Meeting Number (Access Code): 2630 868 3321 Passcode: BCPC06122025 respond to climate change in their community. During this presentation, representatives for the group will share the results of their research and recommendations for community action. This project is part of the Met Council's Community Climate Collaboration which engages residents in the Twin Cities region in conversations about climate actions and community impacts to support a regional climate action plan. 7. Discussion a.City Council and Planning Commission Updates b.Development and Construction Updates c.2025 Legislative Update 8.Adjournment App. No. 2025-005 PC 06/12/2025 Page 1 Planning Commission Report Meeting Date: June 12, 2025 Application No. 2025-005 Applicant | Property Owner: MMS Properties LLC Location: 5831 Brooklyn Boulevard | PID: 03-118-21-13-0101 Requests: Variances and Site and Building Plan Amendment Map 1. Subject Property Location. Requested Action Property Owner MMS Properties LLC (“the Applicant”) is requesting review and consideration of a proposal that would renovate the existing, approximately 4,005-square foot Brooklyn Blvd Dental Clinic, located at 5831 Brooklyn Boulevard (“the Subject Property”), and construct an approximately 780-square foot addition to accommodate a larger patient waiting and reception desk area, three (3) patient operatories, and an ADA-compliant restroom. As the existing building is non-conforming with respect to setbacks, certain variances are requested from Sections 35-2302 and 35-5100 of the City Code. • Application Filed: 05/13/2025 • Review Period (60-day) Deadline: 07/12/2025 • Extension Declared: No • Extended Review Period Deadline: App. No. 2025-005 PC 06/12/2025 Page 2 Due to the requests submitted as part of Planning Commission Application No. 2025-005, a public hearing notice was published in the Brooklyn Center Sun Post on May 29, 2025—refer to Exhibit B. Mail notifications were sent to all physical addresses and taxpayer addresses located within 350 feet of the Subject Property, a public hearing notice was published on the City website, and provided in a City bulletin to subscribers. Background City staff have been in ongoing discussions with project representative Josh Juaire of Calco Comprehensive Development regarding plans for the expansion of the Brooklyn Blvd Dental Clinic, which is located near the northwest corner of Brooklyn Boulevard and Bass Lake Road (County Road 10), since last year. The existing building, which was constructed in 1970, has always operated as a dental clinic. The Applicant notes that their practice has been in operation since 2000 and the clinic provides dental care to hundreds of patients in and around Brooklyn Center. While they love their location, they have reached the point where they require additional space to grow their practice and offer more amenities and services. As part of the project proposal to expand the footprint of their building, they are also seeking to undertake an interior and exterior renovation. The Subject Property originally received site and building plan approval in 1968 under Planning Commission Application No. 68048 for a commercial (office) building in what was formerly the City’s C1 (Service/Office) District. Prior to this, the Subject Property had been contemplated under Planning Commission Application No. 62068 for development of a five (5) unit multiple-family residential building with six car garage, in which the then Applicant would have occupied one of the apartments. This request was ultimately denied by the City Council. Map 1. 1969 (L) and 2024 (R) Imagery—Source: Hennepin County. Site Data: 2040 Land Use Plan: Neighborhood Mixed Use (N-MU) Neighborhood: Kylawn Current Zoning: Neighborhood Mixed Use 2 (MX-N2) District Site Area: Approximately 1.03 acres App. No. 2025-005 PC 06/12/2025 Page 3 Surrounding Area: Direction 2040 Land Use Plan Zoning Existing Land Use North N-MU (Neighborhood Mixed Use) MX-N2 (Neighborhood Mixed-Use 2) Office (5901 Brooklyn Boulevard — Brookdale West Professional Building) South N-MU (Neighborhood Mixed Use) MX-N2 (Neighborhood Mixed-Use 2) Commercial (5801 Brooklyn Boulevard — Former CVS Pharmacy) East TOD (Transit-Oriented Development) TOD (Transit-Oriented Development) Office (3300 County Road 10 Building) West N-MU (Neighborhood Mixed Use) MX-N2 (Neighborhood Mixed-Use 2) Single Family Detached Existing Conditions App. No. 2025-005 PC 06/12/2025 Page 4 Image 1. Existing Site Conditions at Subject Property. REQUESTS Site and Building Plan (Major Amendment) Image 2. Select Architectural Renderings of Proposed Addition. App. No. 2025-005 PC 06/12/2025 Page 5 Image 3. Proposed Building Addition for Subject Property (in red). Section 35-7601 (Applicability) notes that site and building plan approval is required where the construction or erection of a new building or add on to an existing building would result in an increase in gross floor areas of all buildings by more than 10 percent (%), or there is the expansion or change of building or parcel use that results in a different intensity of use. As proposed, the approximately 780-square foot expansion would constitute an approximately 19.5 percent (%) change to the existing 4,005-square foot dental clinic. While this would otherwise be considered a “minor site and building plan amendment” per Section 35-7605 (Amendments), the associated request for certain variances automatically moves the building modifications into a major site and building plan amendment, which requires revie and consideration by Planning Commission and City Council. Section 35-7604 (Site and Building Plan Criteria) provides that no site and building plan review application shall be approved unless it meets the following criteria: a. It fully complies with all applicable requirements of this UDO; b. It adequately protects residential uses from the potential adverse effects of a non- residential use; c. It is consistent with the use and character of surrounding properties; and App. No. 2025-005 PC 06/12/2025 Page 6 d. It provides safe conditions for pedestrians or motorists and prevents the dangerous arrangement of pedestrian vehicular ways. Site Design The Applicant outlines in their narrative that the proposed 780-square foot addition would allow the dental clinic to grow its practice and offer more amenities through construction of a larger patient area, front reception desk, and an ADA compliant restroom for patient use. The addition would further allow the room necessary to accommodate three (3) additional patient operatories to grow the practice. Given the age of the building, ownership is also interested in completing interior and exterior renovations to modernize the building and provide additional interest to the front entrance, which faces Brooklyn Boulevard. Image 4. Proposed Interior Layout for Building Addition (in red). With respect to the building’s interior, the Applicant proposes a buildout of the currently unfinished walkout basement, which would serve as a dedicated staff lounge and break room, as well as new office space. Other updates identify floor replacement, new paint, door and trim work. The exterior updates, as currently contemplated, would include the replacement of all existing windows and doors, new landscaping along Brooklyn Boulevard, and painting of the brick. The existing sidewalk would be re-routed to accommodate the proposed addition and new entrance but would comply with any ADA requirements (e.g. ADA parking and loading, accessible route). Dimensional Standards The MX-N2 (Neighborhood Mixed-Use) District where the Subject Property is located requires buildings App. No. 2025-005 PC 06/12/2025 Page 7 to be located a minimum of 5 feet and a maximum of 20 feet from the primary and secondary street frontages, with remaining minimum 10-foot setbacks for the side interior and rear property lines. Additionally, at least 50 percent of the first floor of the front façade of the primary building shall be located not more than 10 feet from the front lot line. As the Subject Property was developed prior to these newer zoning regulations, the Applicant is requesting certain variances which are discussed later in this report. Parking | Circulation | Access |Connection There are no plans to alter the existing parking lot, which wraps around the building on three sides. Although the proposed front expansion is modest, it does allow for the Subject Property to become less non-conforming with the new MX-N2 District provisions. As an example, the MX-N2 District does not allow for vehicle parking areas to be located between the front façade of an existing or new structure and the primary street frontage of the lot unless otherwise permitted. Access to the Subject Property is currently limited to a right-in/right-out (RIRO) curb cut off Brooklyn Boulevard. There are no plans to alter the existing drive aisles or driveway curb cut access onto Brooklyn Boulevard; therefore, a review from Hennepin County Transportation was not requested. The Subject Property currently has secondary access to 58th Avenue North via the former CVS Pharmacy property located at 5801 Brooklyn Boulevard. The existing parking lot provides 41 parking spaces, and the provided plans identify two (2) dedicated ADA parking spaces with a shared loading space. Section 35-5506 (Required Parking Spaces) requires the following for “medical and dental clinics”: Assuming three (3) dentists, 12 clinic staff, and a new total square footage of approximately 4,785 square feet, a maximum of 31 parking spaces would be required as the gross floor area provision results in a greater maximum parking need requirement. With that said, it was noted by City staff that there were more than enough parking spaces available given the time of day (approximately 10 a.m. on a Tuesday). Typically, the City would be supportive of a reduction in parking areas; however, as the Applicant notes a total revised impervious coverage amount of 59.6%, which is well below the maximum permitted 80% in the MX-N2 District, City staff is comfortable with the Applicant maintaining the existing parking lot as-is. The Subject Property is in a highly accessible area of Brooklyn Center, as it is located along Brooklyn Boulevard, and near the intersection of Brooklyn Boulevard and Bass Lake Road (County Road 10). A new multi-use trail was installed along the west side of Brooklyn Boulevard as part of the Brooklyn Boulevard modernization project and lies just east of the Subject Property. Although the Applicant notes plans to reconfigure the layout of the existing private sidewalk to better serve the proposed addition and front entrance, City staff noted a gap in sidewalk connection from the front entrance to the sidewalk. City staff is requesting the Applicant tie in the private sidewalk to the public multi-use trail. App. No. 2025-005 PC 06/12/2025 Page 8 Image 5. Proposed Private Sidewalk Route for Subject Property with Requested Connection (in red). Lighting A photometric plan was not provided as part of the application submittal. In reviewing the existing site lighting, City staff observed existing, non-conforming building lighting. The building currently provides flood lighting around the building with what appear to be security cameras. Wall pack and floodlight-style lighting are not permitted except for loading and service areas per Section 35-5400 (Exterior Lighting). Provide sidewalk connection to trail App. No. 2025-005 PC 06/12/2025 Page 9 Image 6. Existing Building and Site Lighting on Subject Property. The City Code requires any lighting to be designed and arranged so as to restrict direct illumination and glare onto abutting parcels. City staff requests the Applicant provide a photometric plan with a lighting fixture schedule identifying any new building or site lighting (e.g. bollards). Site lighting should provide consistent levels of illumination, avoiding pockets of high or low levels of illumination. For primary building entrances/exits and pedestrian pathways, including the reconfigured sidewalk, the following minimum illumination requirements apply: Trash | Screening The Subject Property is currently served by an existing trash enclosure located at the southwest corner of the property. Although the wood of the enclosure is weathered, the enclosure is fully opaque, and the panels appear to be in fair condition. No corrections are required at this time. All ground mounted equipment over 30-inches in height or greater than 12-cubic feet (e.g. transformers, mechanical) shall be effectively screened from public view. Similarly, any existing or new roof-mounted equipment shall also be screened from view through the use of parapets, wall/fencing materials, or paint compatible and complementary to the building. Architectural Materials City Code requires the exterior wall finishes on any building to have no less than 60-percent face brick, natural or colored stone, pre-colored or factory stained or stained on site textured pre-cast concrete panels, textured concrete block, stucco, glass, fiberglass, or similar materials. The existing building is majority comprised of brick and glazing. Although the Applicant is still working through the building App. No. 2025-005 PC 06/12/2025 Page 10 materials for the proposed addition, the Applicant indicates an interest in using an LP or Hardie board- type siding product in a board and batten configuration to help break up the brick. Any brick would be painted to match the siding product. City staff is not opposed to the use of other materials, but discussed the City’s requirements as outlined under Section 35-2302 (MX-N2 – Neighborhood Mixed-Use), which includes requirements for at least 50 percent of each building façade facing a street, park, plaza, or other public space (not including areas occupied by doors or windows), to be faced in brick, stone, cultured stone, real stucco, or other material of equivalent visual attractiveness, quality, and durability, as determined by the Zoning Administrator. Additionally, Section 35-2302 requires each ground floor façade for a nonresidential use facing a public right-of-way to have transparent windows or other transparent glazed areas covering at least 50 percent (%) of the ground floor façade area between three (3) and eight (8) feet above sidewalk grade. Required glazed areas shall have a visible light transmittance ratio of 0.6 or higher, and shall not include reflective, heavily tinted, or black glass windows. The Applicant notes in their narrative that the glazed area percentage of the proposed front façade is 112.10-square feet, or 55-percent of the identified ground floor façade area. Although City staff were able to review the submitted architectural renderings, which reflect new windows and glass doors along the front façade, City staff requested the Applicant revise their plans to more clearly note the areas between three (3) and eight (8) feet above sidewalk grade, and total square footage for those areas facing a public right-of-way. Landscaping Image 7. Proposed Landscaping Removals and New Landscaping. In reviewing the Subject Property’s original approvals, City staff were unable to locate an approved landscape plan in City records. For the City’s mixed-use zoning districts, including the MX-N2 District where the Subject Property is located, Section 35-5603 (District Landscaping Requirements) sets minimum landscape requirements that are calculated with a project’s valuation. Any landscaping shall be coordinated with lighting plans, and City staff requests the landscape plan be layered over any existing or proposed utility lines to ensure no plantings will be located within utility easements or over utility lines, or that different plantings are selected for these areas. App. No. 2025-005 PC 06/12/2025 Page 11 To promote species diversity and resilience, no more than 40 percent (%) of the total number of trees may be of the same species, and landscape vegetation should use native and resilient plant types where possible in order to promote landscape resiliency and reduce site maintenance requirements. The Applicant provided a plan sheet (Sheet C101) which outlines the removal of two (2) trees to accommodate the proposed addition. In their place, Sheet C201 identifies the installation of fragrant sumac or small green velvet boxwood in the front yard abutting Brooklyn Boulevard, and two new sunburst honey locust trees. Sunburst honey locusts are considered low maintenance and specifically bred to not shed thorns or seed pods, which is a perk considering their proposed locations are in proximity to the multi-use trail. Along either side of the new covered porch, the Applicant intends to install Karl Foerster grass. Following a site visit, City staff noted existing landscaping on site, including mature trees. As mature trees can be counted toward the minimum planting requirements, City staff requests the submitted site layout plan (Sheet C201) be revised to identify other on-site landscaping in a table format for the purposes of calculating the minimum landscape requirements. The Applicant should ensure all new landscaping is located outside any identified easements and should be coordinated with any proposals for new site lighting for the building addition. Landscaped areas shall be maintained with a site irrigation system and shop drawings provided to the City as part of any installation. Signs No specific signage requests were made as part of the Application submittal, and following a review, it appears an existing freestanding sign located on Brooklyn Boulevard will not be impacted by the proposed construction of the addition. Should the Applicant desire new wall, directional, or freestanding signage, any new signage would be required to comply with the provisions outlined within Section 35-6000 (Signs) of the City Code. Engineering Review Principal Engineer Touyia Lee provided an initial review of the submitted plan set and provided commentary regarding the proposed expansion. These include: 1. The presence of an existing 10” sanitary main line along with a utility easement running west to east across the Subject Property. The proposed sidewalk would fall within the existing easement. This is acceptable per City staff; however, it should be noted the Property Owner assumes liability for any replacement assuming future repairs or replacement. The proposed building addition appears to be located approximately seven (7) feet outside this easement. 2. The provided plan set identifies ADA access for the north parking lot area only, which is where the identified ADA parking spaces are located, and the primary access to the main entrance. 3. There is an existing trail easement running along the east side of the Subject Property, along Brooklyn Boulevard. There appear to be no impacts with the proposed addition. 4. An NPDES permit is not required as the total disturbance is less than one (1) acre. 5. There do not appear to be any new external water or sanitary service connections, but Applicant would need to coordinate with the Building Official for any new plumbing or mechanical network expansion. App. No. 2025-005 PC 06/12/2025 Page 12 Pending approval of the applications requests, the Applicant would need to coordinate with City Engineering on the identified site improvements. Building Review Building Official Dan Grinsteinner conducted a cursory review of the proposal in a memorandum dated June 10, 2025—refer to Exhibit C. Ultimately, building plans are subject to review and approval by the Building Official with respect to applicable codes and prior to the issuance of permits. The Applicant will also need to meet any minimum ADA requirements with respect to the building and site improvements (e.g. ADA parking and new sidewalk configuration) and prior to the issuance of any building permits, a SAC (Sewer Availability Charge) determination shall be submitted to the Metropolitan Council, and any associated fees paid at time of permit issuance. Although nothing was noted in the referenced memorandum, the Applicant should coordinate with the Hennepin County Health Department for any approvals relating to the proposed staff kitchen area. Variances Variances may only be granted when the Applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. Pursuant to Minnesota Statutes Section 462.357, subdivision 6, the City Council may only grant approval of a variance where “practical difficulties” exist as to the strict compliance with the City’s Unified Development Ordinance. It should be noted that economic considerations alone shall not constitute a “practical difficulty.” In considering a variance application, “quasi-judicial” authority is exercised in that the City evaluates the facts presented against a legal standard. Prior to requesting consideration of a variance, an Applicant should always review all possible alternatives that would meet code requirements before applying for a variance. Each of the following criteria shall be satisfied in accordance with Section 35-71000 (Variances): 1. The variance is in harmony with the general purposes and intent of the City’s Unified Development Ordinance. City Staff Response (Finding): The Applicant has worked with City staff to try to meet the requirements of the City’s new Unified Development Ordinance and its enhanced requirements surrounding building scale, pedestrian friendliness, and accessibility. The Subject Property was constructed around 1970 and is uniquely situated on a parcel of land that slopes downhill as you head west. Given the existing size of the Subject Property’s building (approximately 4,005-square feet) and the building’s existing orientation on the property, the Applicant notes in their memo that the building would need to be effectively doubled in size to meet today’s front build-to requirements for the MX-N2 District in which the Subject Property is located. The Applicant has designed the proposed building expansion to try and meet the intended purpose of the City’s MX-N2 (Neighborhood Mixed-Use 2) District, dimensional standards, and the Applicant’s business operation needs while creating minimal impacts to the surrounding properties and residential neighborhood to the east. App. No. 2025-005 PC 06/12/2025 Page 13 2. The variance is consistent with the Comprehensive Plan. City Staff Response (Finding): The Subject Property is located within the Neighborhood Mixed- Use (N-MU) future land use designation under the City’s 2040 Comprehensive Plan. The Subject Property also falls within Brooklyn Boulevard Overlay designation, which is a 1,200- foot (600 foot on each side of the centerline) corridor that calls attention to land adjacent to the roadway for special consideration at time of redevelopment. Both the Neighborhood Mixed-Use designation and Brooklyn Boulevard Overlay District are identified as key areas for change, and where the community is focused on creating a walkable, transit-connected, experience-based place that brings the City forward and offers new opportunities to existing and future residents. The Applicant proposes a small expansion that will allow for the expansion of services to the Brooklyn Center community, and City staff feel it meets the intended purpose of the Neighborhood Mixed-Use future land use designation, which further envisions neighborhood scale retail, service, and commercial uses, in addition to residential. 3. The property owner proposes to use the property in a reasonable manner not permitted by this UDO. City Staff Response (Finding): The property owner intends to utilize the property in a manner permitted by the City’s Unified Development Ordinance. Applicant MMS Properties LLC indicate in their application that they have been operating at this location since 2000, and the Subject Property has always been home to a dental clinic. With the ever-evolving changes in dental practices, the Applicant requires an expansion to better serve their patients and specifically call out the need for a larger waiting and reception area, the addition of three operatories, and an interior and exterior remodel. Despite the proposed expansion, there are no plans to alter the existing use of the property in such as way as to violate the City’s Unified Development Ordinance (UDO). “Medical and health uses,” including dental clinics, are considered a permitted use in the MX-N2 District where the Subject Property is located. 4. The plight of the landowner is due to circumstances unique to the property not created by the landowner. The plight of the landowner, per City staff’s review, is due to circumstances unique to the property and not created by the landowner. Although City staff attempted to locate the original staff report for the Subject Property, only the application cover sheet with application requests and approval App. No. 2025-005 PC 06/12/2025 Page 14 dates and City Council meeting minutes with approval conditions were identified. The building received its approvals in September 1968 and following a review of the property survey City staff presumes the Subject Property was constructed with a minimum 50-foot front yard setback given the Subject Property’s adjacency to Brooklyn Boulevard, which is considered a “major thoroughfare.” Under the City’s preceding zoning code, properties abutting major thoroughfares were required to provide enhanced minimum 50-foot front yard setbacks, as opposed to the then standard 35-foot setback for a C1 (Service/Office) District property, which the Subject Property was previously zoned as. Image 8. Identified Front Yard Setback for Existing Building on Subject Property. As the Subject Property is now located in the City’s MX-N2 District, which requires a minimum 5- foot to maximum 20-foot front build-to setback, and further requires at least 50 percent of the first floor of the front façade of each primary building to be located not more than ten (10) feet from the front lot line, this places the Applicant in a unique circumstance of effectively having to either demolish and rebuild their dental clinic, or double the size of their building in order to make their existing building conform to current zoning code provisions. As proposed, the approximately 780-square-foot addition would place the new building approximately 24.3 feet from their property line, as measured from the exterior wall, and 23.1 feet from the new covered entrance. This means the proposed addition is deficient in the maximum front-build to setback by approximately 4.3 feet, and by approximately 14.3 feet for the at least 50-percent of the building that is required to be located not more than ten (10) feet from the front lot line. 5. The variance, if granted, will not alter the essential character of the locality. City Staff Response (Finding): The variance will not alter the essential character of the locality. It will be in line with the UDO and enhance the public realm. Many of the commercial buildings constructed within this segment of Brooklyn Boulevard are from the same era (1968-1978) and clearly prioritized parking and vehicle circulation over providing neighborhood-scale businesses App. No. 2025-005 PC 06/12/2025 Page 15 that were accessible to local pedestrians. With the adoption of the new Unified Development Ordinance in 2023, City staff has been working through redevelopment and expansion proposals that aim to scale developments to fit into the surrounding neighborhood fabric and prioritize pedestrians. Projects located in proximity to the Subject Property that have received approvals in recent years along Brooklyn Boulevard include CAPI USA’s Immigrant Opportunity Center, Wangstad Commons (multi-family residential), and the C Alan Homes triplex development. City staff commends the Applicant’s efforts to address the new code provisions under the City’s Unified Development Ordinance and through their request to expand towards Brooklyn Boulevard and the new trail. Anticipated Permitting and Conditions Following a review of the submittal materials and requests, approval of all application requests (i.e. site and building plan amendment and variances) is required in order to forward the application request. It should be reiterated that in order to approve the variance requests, satisfaction of all criteria is required. City staff recommend the following conditions be attached to any positive recommendation on the approval of Planning Commission Application No. 2025-005 for the Subject Property located at 5831 Brooklyn Boulevard, which contemplates the approval of an approximately 780-square foot addition and certain site improvements for Brooklyn Blvd Dental Clinic: 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 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 lighting and green areas, and 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 App. No. 2025-005 PC 06/12/2025 Page 16 conform to Section 35-6000 (Signs) of the City Code. Recommendation Based on the above-noted findings, City staff recommend the Planning Commission recommend City Council: Approval of (1) a major amendment to the site and building plan for the Subject Property located at 5831 Brooklyn Boulevard that would construct an approximately 780-square foot, one-story addition and related site improvements and (2) variances to Sections 35-2302 and 35-5100 regarding the maximum allowable build-to setback of between 5 and 20 feet for an approximately 24.3 foot setback along Brooklyn Boulevard, and a deviation from a requirement that at least 50% of the first floor of the front façade of the primary building be located not more than 10 feet from the front lot line, based on the submitted plans and findings of fact, as amended by the Conditions of Approval in the June 12, 2025 Planning Commission Report. Attachments Exhibit A – Planning Commission Application No. 2025-005, submitted May 13, 2025 . Exhibit B – Public Hearing Notice, submitted for publication in the Brooklyn Center Sun Post, and dated May 29, 2025. Exhibit C – Review memorandum, prepared by Building Official Dan Grinsteinner, and dated June 10, 2025. CITY OF BROOKLYN CENTER NOTICE OF PUBLIC HEARING Details for CITY OF BROOKLYN CENTER NOTICE OF PUBLIC HEARING May 29, 2025 CITY OF BROOKLYN CENTER NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Please take notice that the Planning Commission of the City of Brooklyn Center will hold an in-person public hearing on Thursday, June 12, 2025 at approximately 7:00 p.m. Meeting materials can be accessed by visiting the City of Brooklyn Center's website at:https://www.brooklyncentermn.gov/. A denite time for this application to be considered cannot be given as it will depend on the progression of the agenda items. TYPE OF REQUESTS: Variances and Site and Building Plan Amendment APPLICANT -- PROPERTY OWNER: MMS Properties LLC PROPERTY ADDRESS -- PID: 5831 Brooklyn Boulevard, Brooklyn Center, MN 55429 -- 03-118-21-13-0101 BRIEF STATEMENT OF CONTENTS OF PETITION: The Applicant and Property Owner proposes a renovation of the existing, approximately 4,015-square foot Brooklyn Blvd Dental Clinic, and an approximately 780-square foot addition to accommodate a larger patient waiting and reception desk area, three patient operatories, and an ADA compliant restroom. As the existing building is non-conforming with respect to setbacks, certain variances are requested from Sections 35-2302 and 35-5100 of the City Code. Comments and questions may be forwarded to gmcintosh@brooklyncentermn.gov up until 4:30 pm on the day of the meeting, or by contacting Ginny McIntosh at (763) 569-3319. Your comments will be included in the record and addressed as part of the meeting. Alternatively, you may participate in the Planning Commission meeting via Webex at:logis.webex.com Meeting Number (Access Code): 2630 868 3321 Password: BCPC06122025 By Phone: 1 (312) 535-8110 (Enter Access Code) Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at (763) 569-3300 to make arrangements. Respectfully, Ginny McIntosh Planning Manager Published in the Sun Post May 29, 2025 1472438 Save Share Exhibit B City of Brooklyn Center | 6301 Shingle Creek Pkwy | Brooklyn Center, MN 55430-2199 | (763) 569-3330 | www.brooklyncentermn.gov Community Development 763-569-3330 June 10, 2025 5831 Brooklyn Blvd Bldg Building review comments for a newly proposed addition to Brooklyn Blvd Dental and located at 5831 Brooklyn Blvd. 1.Prior to a Building permit being issued a SAC determination for the addition will need to be completed by Met Council and SAC determination letter received. 2. Separate permits and signed plans required for Building, Mechanical, Plumbing, Electrical & Fire sprinkler permit are required to be submitted to the Building Department for this building review. The Community Development Department must be contacted on all proposed signage for this building. Permits are required for all exterior signage. 3.An accessible route from the existing parking lot (North) shall be provided at a slope of 1:20 & 48” inches in width. MN Accessibility 305.5 Provisions for new construction shall apply to additions. Where an alteration /addition affects the accessibility to or contains an area of primary function, the route to the primary function area shall be accessible. 4. The building will be required to have a sprinkler system installed if not already installed. City of Brooklyn Center ordinance 3-101 B. (2) as adopted by the Minnesota State Building code 1306 Special Fire Protection system 1306.0020 Subp. 2, Existing and New buildings. Group “B” occupancies with 2,000 gross square feet of floor area. 8.Signed building plans and building permit application to be submitted to the City Building Department for review. If any items need to be addressed, comments will be provided in a plan review letter addressed to the architect of record. Sincerely, Dan Grinsteinner Building Official City of Brooklyn Center 763-569-3313 Exhibit C