Ord 467 Amend Code Various AmendmentsCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
ORDINANCE NO. 467
AN ORDINANCE AMENDING SECTIONS 12-1D, 12-1E, 12-1L, AND 11-5 OF THE CITY CODE
OF THE CITY OF MENDOTA HEIGHTS, MINNESOTA, DAKOTA COUNTY, CONCERNING
VARIOUS AMENDMENTS
The City Council of the City of Mendota Heights, Minnesota, does hereby ordain:
Section 1.
Section 12 -1D -6(D) is hereby amended to read as follows:
Permitted Encroachments Onto Public Ways: Notwithstanding the other requirements of subsection A or
B of this section to the contrary, fences greater than thirty six inches (36") in height but no greater than
six feet (6') in height and no less than thirty percent (30%) open may be allowed to encroach into rear
yards of corner and through lots or side yards of corner lots through by administrative approval by the
Engineering Department - ' when said yard abuts a public street; provided, however,
that in no event shall such fence be allowed to be constructed on a public easement for street, utility, or
drainage purposes.
Section 2.
Section 12-1D-17 is hereby added to read as follows:
12-1D-17: TRAFFIC STUDIES:
A. An applicant for any proposed development or redevelopment project that results in the
change or intensification of the existing or planned land use may be required to conduct or
submit a recently -completed traffic study, at the cost of the applicant and prepared by a
licensed engineer, analyzing existing and proposed traffic patterns of the surrounding area for
review and comment as part of any permit application.
B. The study shall be prepared in compliance with the most current version of the Dakota
County Traffic Impact Analysis Guidelines.
C. When potentially impacted roadways included in the traffic study are under County, State, or
adjacent City jurisdiction, the City reserves the right to request additional review and
comment from those jurisdictions for consideration in evaluating the permit application.
Section 3.
Section 12 -1L -5(A) is hereby amended as follows:
A. Authority To Grant Variances; Conditions: The council may grant variances from the strict
application of the provisions of this chapter and impose conditions and safeguards in the
variances so granted in cases where there are practical difficulties
of in carrying out the strict letter of the regulations of this chapter. "Undue hardship" "Practical
difficulties", as used in connection with the granting of a variance, means that the property owner
proposes to use the property in a reasonable manner not permitted by this chapter; the plight of
the landowner is due to circumstances unique to the property not created by the landowner; and
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the variance, if granted, will not alter the essential character of the neighborhood. Economic
considerations alone do not constitute practical difficulties. in question cannot bc put to a
constitute an unduc hardship if reasonable use for the property exists under this chapter.
Section 4.
Section 12 -1E -3(C) is hereby amended as follows:
Keeping of bees on parcels of fifty (50) acres or more in area, provided any accessory structures conform
to the city's requirement for accessory buildings, no more than ten (10) hives may be maintained, and all
buildings, hives, apiaries, or other areas for colonies of bees are located no closer than one hundred feet
(100') from any property line.
Section 5.
Section 12 -1E -4(C) is hereby amended as follows:
Keeping of bees on parcels of fifty (50) acres or more in arca, provided any accessory structures conform
to the city's requirement for accessory buildings, no more than ten (10) hives may bc maintained, and all
buildings, hives, apiaries, or other areas for colonies of bees arc located no closer than one hundred feet
(100') from any property line.
Section 6.
Section 11-5-1 is hereby amended as follows:
Pursuant to Minnesota statutes section 462.358, subdivision 2b, as amended, the city council shall require
all developers requesting platting or replatting of land in the city to contribute ten percent (10%) of final
plat gross area to be dedicated to the public for their use as either parks, playgrounds, public open space,
trail systems, or water ponding, or to contribute cash in lieu of land in an amount established by
resolution of the city council, based upon the conditions outlined below. The form of contribution (cash
or land, or any combination thereof) shall be decided by the city council based upon need and
conformance with approved city plans. Payment of cash in lieu of land will be collected prior to any
subdivision or final plat being recorded by Dakota County.
Section 7.
This Ordinance shall be in effect from and after the date of its passage and publication.
Adopted and ordained into an Ordinance this fifth day of November, 2014.
CITY COUNCIL
Y OF I. NDOTA HEIGHTS
(5..101
a dra Krgbs ach, Mayor
Lorri Smith, City Clerk
Ord #467
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