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HEN NEPIN COUNTY <br />REGIONAL RAILROAD AUTHORITY <br />September 13, 2023 <br />City of Orono Planning Commission <br />Attn: Natalie Nye <br />2750 Kelley Parkway <br />Orono, MN 55391 <br />Dear Natalie Nye: <br />The Hennepin County Regional Railroad Authority (HCRRA) received notice of a public hearing <br />for variance requests related to construction of a new house at 3359 Crystal Bay Road in Orono. <br />HCRRA owns the Dakota Rail corridor that is adjacent to this property. <br />One of the variance requests is for a ten -foot rear yard setback, abutting the HCRRA corridor. <br />HCRRA opposes this variance request because our experience indicates that a small rear yard <br />results in unauthorized use/encroachment of the HCRRA corridor by the adjoining property <br />owner. <br />HCRRA also requests that any resolution approving a rear yard setback variance include the <br />following: <br />A statement that the property owner/applicant acknowledges that, other than the rights <br />of the general public to use the HCRRA corridor, they have no right to use the HCRRA <br />corridor for any purpose, including the location of any structure, improvement, or other <br />encroachment. <br />Approval be conditioned upon removal of the encroaching shed shown on the survey, <br />the restoration of the HCRRA property, and the removal of any other private property on <br />the HCRRA corridor, and a requirement that the HCRRA corridor will not be used during <br />construction for access or any equipment or material storage. <br />If changes to grading and drainage are implemented, HCRRA requests an indemnification from <br />the City and Property owner from any damages attributable to the change. <br />Hennepin County Regional Railroad Authority <br />701 Fourth Avenue South, Suite 700, Minneapolis, MN S5415 <br />hennepin.us/hcrra <br />