HomeMy WebLinkAbout2026-030_CCRMember Graves introduced the following resolution and moved its adoption:
RESOLUTION NO. 2026-030
RESOLUTION REGARDING THE RECOMMENDED APPROVAL OF
PLANNING COMMISSION APPLICATION NO. 2026-002 FOR AN
APPROXIMATELY 1,980-SQUARE FOOT OFFICE AND MAINTENANCE
BUILDING AND ISSUANCE OF A CONDITIONAL USE PERMIT FOR MOUND
CEMETERY (LOCATED AT 6705 BEARD AVENUE NORTH AND
COMMONLY ADDRESSED AS 3515 69TH AVENUE NORTH)
WHEREAS, Planning Commission Application No. 2026-002, submitted by the
Mound Cemetery Association (“the Applicant”), requests review and consideration of a site and
building plan to construct an approximately 1,980-square foot office and maintenance building and
issuance of a conditional use permit for Mound Cemetery, located at 6705 Beard Avenue North and
commonly addressed as 3515 69th Avenue North (“the Subject Property”), as legally described in
Exhibit A attached hereto; and
WHEREAS, the Subject Property is situated in the City’s O (Public Open Space)
District; and
WHEREAS, the Subject Property is future guided Parks, Recreation, Open Space
under the 2040 Comprehensive Plan; and
WHEREAS, Mound Cemetery was formally established in 1862 as the City’s only
cemetery and contains graves which predate the City of Brooklyn Center and the State of Minnesota,
and was therefore never issued a special or conditional use permit for the cemetery use; and
WHEREAS, given the requested improvements, City staff has requested the
Applicant apply for a conditional use permit; and
WHEREAS, any approvals granted for Planning Commission Application No. 2026-
002 are conditioned upon approval of a subsequent text amendment to Chapter 35 of the City Code
of Ordinances to address an error within Section 35-4103 (Allowed Use Table), which allows for
“cemeteries” in the R1 (Low Density Residential) District, but not within the O District where the
Subject Property and only cemetery are located; and
WHEREAS, the Planning Commission of the City of Brooklyn Center, Minnesota,
held a duly noticed and called public meeting on February 12, 2026, whereby a planning staff report
and materials were presented and public testimony regarding the requested site and building plan and
conditional use permits were received; and
WHEREAS, the Planning Commission of the City of Brooklyn Center, Minnesota
considered the site and building plan and conditional use permit requests in light of all testimony
received, the guidelines and standards for evaluating a site and building plan as contained in Section
35-7600 (Site and Building Plan) and conditional use permits, as contained in Section 35-7700
RESOLUTION NO. 2026-030
(Conditional Use Permit) 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
building and the cemetery use’s operations, and the request generally satisfies the criteria as outlined
within the above Sections; and
WHEREAS, Section 35-7604 provides that the City Council of the City of Brooklyn
Center shall base its decision on approving a major amendment to a site and building plan upon
certain criteria and the Council finds that:
a.The development plans will fully comply with all applicable requirements of
this UDO, subject to approval of a subsequent text amendment;
b. The development plans adequately protect residential uses from the potential
adverse effects of a non-residential use in that the construction of the proposed
office and maintenance garage would maintain existing access points to the
Subject Property and not create new access points through the residential
neighborhoods, would maintain minimum building setbacks as similarly seen
in the adjacent R1 District neighborhoods, and replace an existing
construction trailer that has long served as the cemetery’s office;
c.The development plans are consistent with the use and character of
surrounding properties in that cemeteries are generally positioned in and
adjacent to residential neighborhoods;
d.The development plans will not negatively impact the conditions of the
Subject Property in such a way as to create dangerous arrangements for
pedestrians and motorists; and
WHEREAS, the City Council of the City of Brooklyn Center finds as follows in
accordance with Section 35-7703 of the City Code:
a.The conditional use, as proposed, will be in accordance with the general
objectives of the City’s Comprehensive Plan and the City’s Unified
Development Ordinance;
b.The establishment, maintenance, or operation of the conditional use will
promote or enhance the general public welfare and will not be detrimental to or
endanger the public health, safety, morals, or comfort;
c.The conditional use will not be injurious to the use and enjoyment of other
property in the immediate vicinity for the purposes already permitted, nor
substantially diminish and impair property values within the neighborhood;
d.The establishment of the conditional use will not impede the normal and orderly
development and improvement of surrounding property for uses permitted in the
district;
e.Adequate measures have been taken to provide ingress, egress, and parking so
designated as to minimize traffic congestion in the public streets;
f.Impacts such as noise, hours of activity, and exterior light have been sufficiently
addressed to mitigate impacts on nearby uses; and
RESOLUTION NO. 2026-030
g.The conditional use will conform to the applicable regulations of the district in
which it is located pending the subsequent approval of a text amendment to
Chapter 35 of the City Code of Ordinances to correct an error within Section 35-
4103 that allows for “cemeteries” within the R1 District, but not the O District
where the Subject Property, and City’s only cemetery, 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. 2026-
002 for the requested approval of a site and building plan to construct an approximately 1,980-square
foot office and maintenance building and issuance of a conditional use permit for Mound Cemetery,
conditioned on compliance with all of the following:
1. Separate application and approval of certain text amendments to Chapter 35
of the City Code of Ordinances to allow for “cemeteries” as a conditional use in the
O (Public Open Space) District where the Subject Property is located.
2.The Applicant and Property Owner shall adhere to the provisions as outlined
under Section 35-7700 (Conditional Use Permit), and shall coordinate with City
staff to file a copy of the City Council resolution approving the requested conditional
use permit, along with a legal description of the Subject Property for which the
permit was issued, and list of any conditions set forth by City Council as a condition
of said conditional use permit. A certified copy shall be recorded by the Applicant
with the Hennepin County Recorder-Registrar of Titles within 60 days of approval
of said resolution.
a.Issuance of a conditional use permit is subject to all applicable codes,
ordinances, and regulations. Any violation thereof may be grounds for
revocation under Section 35-7707 (Revocation) of the City Code. Any
expansion or alteration of the proposed use beyond that contained in the
application shall require an amendment to the conditional use.
3.Any major changes or modifications made to the approved site and building plan,
and as outlined within the City Code, can only be made by an amendment, as
approved by the City Council. The Applicant and Property Owner shall:
a. Submit a photometric plan for review by City staff and in compliance with
Section 35-5400 (Exterior Lighting) provisions.
b. Submit any proposed trash enclosure plans in compliance with City Code
requirements and with location information.
c.Coordinate with Assistant City Engineer to determine required curbing type
for proposed parking and drive areas as required by Section 35-5507
(Surfacing, Drainage, and Curbing for All Districts Except R1 and R2) and
as detailed in Site Layout Plan – A (Sheet C200A) by Anderson Engineering
and last revised February 10, 2026.
4.Building plans are subject to review and approval by the Building Official with
respect to applicable code prior to issuance of permits, and any outstanding items
shall be addressed as per memorandum dated February 2, 2026.
EXHIBIT A
Legal Description of Subject Property
Lot 1, Block 1, Mound Cemetery Second Addition, Hennepin County, Minnesota.
Property ID: 34-119-21-12-0078