12/12/2007 P&Z Packet - Laserfiche WebLink

Home Search

Kenneth Muehlstedt 2221 Reiling Road Lino Lakes, MN 55110 612- 240 -5178 October 15, 2007 RE: Variance Application To whom it may concern: In 1984 the City of Lino Lakes through TKDA & Associates (TKDA) contracted out the installation of Reiling Road to Northern Asphalt. Northern Asphalt sub- contracted the removal of trees and the grading of the road to Dell Contracting; while bulldozing the road, Dell Contracting removed all the front survey pins up and down Reiling Road. I informed John Davidson of TKDA that the survey pins had been removed and Mr. Davidson sent out a survey crew to replace the pins. At the time, Reiling Road dead -ended at my property and only my survey pins were replaced. In 1987 I applied for a permit to build a 26 x 30 garage; I based the placement of the garage on TKDA's survey which at the time was well within the five -foot setback. In 1992 Reiling Road was extended west beyond my property. In 2002, Sally Bachmeier and Lloyd Chalupsky purchased lot 10 adjacent to the west of my property. Ms. Bachmeier and Mr. Chalupsky informed me that the northwest corner of my garage was 6 to 8 inches off the setback; they said they didn't have a problem with it but wanted me to be aware of it. There have been numerous disagreements between us which resulted in Ms. Bachmeier and Mr. Chalupsky bringing legal action against me and in turn the courts found that "the Plaintiffs' testimony lacking in credibility ". After losing two trials and an appeal, the setback and other issues became a problem to Ms. Bachmeier and Mr. Chalupsky. A permit was issued for my garage and was inspected and approved by the City of Lino Lakes building official Mr. Pete Kluegel; Mr. Kluegel based his inspections on the same survey done by TKDA. A recent survey done by Hult & Associates (see - attached survey) states "the plat of Otter Lake Hills does not meet the standards set by Minnesota Statue 505 ... ". I am asking for a variance on a very small portion of my garage that was constructed over 20 years ago (see enclosed digital photographs). Also enclosed you will find photos of my driveway which has also been questioned as to the setback requirements. See enclosed survey that shows the driveway setback at 7'1 "; the radius on the west side is closer to the property line but is in the 15' right of way. Respectfu y, Kenneth Muehlstedt Enc.