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Legal Memorandum: Interpretation of Open Space in MN

Issue: Under Minnesota law, with respect to the regulation of mobile home parks, what is the interpretation of ‘open space’ adjacent to mobile homes?

Area of Law: Administrative Law, Administrative Law & Regulation (Federal and State), Litigation & Procedure
Keywords: Open space; Mobile home
Jurisdiction: Minnesota
Cited Cases: None
Cited Statutes: Minnesota Statute § 327.20, subdivision 1(3) (2012); Minnesota Rule 4630.0400 (2011)
Date: 10/01/2014

Minnesota Statute § 327.20, subdivision 1(3) (2012) provides:

No manufactured home shall be located closer than three feet to the side lot lines of a manufactured home park, if the abutting property is improved property, or closer than ten feet to a public street or alley. Each individual site shall abut or face on a driveway or clear unoccupied space of not less than 16 feet in width, which space shall have unobstructed access to a public highway or alley. There shall be an open space of at least ten feet between the sides of adjacent manufactured homes including their attachments and at least three feet between manufactured homes when parked end to end. The space between manufactured homes may be used for the parking of motor vehicles and other property, if the vehicle or other property is parked at least ten feet from the nearest adjacent manufactured home position. The requirements of this paragraph shall not apply to recreational camping areas and variances may be granted by the state commissioner of health in manufactured home parks when the variance is applied for in writing and in the opinion of the commissioner the variance will not endanger the health, safety, and welfare of manufactured home park occupants.

Minnesota Rule 4630.0400 (2011) provides, in relevant party:

No mobile home shall be parked closer than three feet to the side lot lines of a mobile home park if the abutting property is improved property or closer than […]

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