Memo2MEMORANDUM
DATE: November 9, 1987
TO: Zoning and Planning Commission
FROM: Nancy S. Anderson fJ q
SUBJECT: Zero lot line for Dale Feste's auto repair
building
The City Attorney has rendered an opinion on the status of
the zero lot line for Dale Feste's auto service facility.
The City Attorney is of the opinion that Mr. Feste's
building may be on the lot line and not be aligned front to
rear with the adjacent building. He also noted that there
should be an easement for maintenance between both property
owners. This can be a condition of the Conditional Use
Permit.
The staff would also recommend improving the alley behind
the applicants property.
The City Attorney's opinion is enclosed for your review.
•
Date: November 3, 1987
To: Nancy Anderson
From: Jerre Miller
Re: Feste Conditional Use Permit
C I T Y O F H O P K I N S
MEMO
I have reviewed the matter pertaining to the Feste Application
with Jim Kerrigan. Mr. Feste desires to construct a service
center at 630 llth Avenue South with zero lot line. The adjacent
structure is also at zero lot line.
The language of Ordinance 540.01 does not specifically address
the question posed by the Planning Commission nor does it define
its application to an existing structure.
I believe the spirit of the Ordinance contemplated zero lot
line buildings on adjacent parcels where alternate side yard
access would be provided. I do not believe the Ordinance
considered or contemplated a precise match of side walls front
to rear.
As in this situation, the existing building has front yard
parking which creates a jog in the side yard wall but there is
nothing in the Ordinance to prohibit the Applicant's construction
of his zero lot line side wall so long as his front yard setback
does not conflict with his neighbor.
One obvious problem the application discloses is the need for
cross maintenance easements between the two parties for entry
upon the premises of their neighbor to service and maintain
the rear side wall of the existing structure and the contemplated
front side wall of the Applicant.
I would suggest you make this a part of your recommendation.
It would also be appropriate to redraft the Ordinance to be
more specific on the subj.ect the Ordinance tries to cover.
( JAM
1010 First Sty, et South, Hopkins, Minnesota 55343 612/935 -8474
An Equal Opportunity Employer