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Borough approves Libra subdivision with soil-note and DEC approval requirements for wastewater
Summary
The borough approved RP01325 to split Lot 3 of Libra Subdivision into two lots, adding plat notes that soils are unsuitable for conventional on-site wastewater systems and that lots below a threshold require DEC-approved alternative systems.
Hearing Officer Kellan Spielman approved RP01325, a request to subdivide Lot 3 of Libra Subdivision into two parcels of about 3.3 and 2 acres, and added two conditions and a finding regarding on-site wastewater suitability during the Fairbanks North Star Borough Administrative Hearing on Feb. 20.
Planning staff reported that Capricorn Street provides legal and constructed access from Farmers Loop Road and that the soils report submitted with the application indicates insufficient soils for conventional on-site wastewater disposal. Staff noted that under borough code (citing 17.560.05B2) lots below the 200,000-square-foot minimum that are unsuitable for conventional systems must install alternative wastewater systems approved by the Alaska Department of Environmental Conservation (DEC); staff also observed that lots over 40,000 square feet can be allowed under that code provision when certain criteria are met and the borough engineer had no objection to the soils report.
Spielman added two conditions and an explicit finding to the record: first, amend plat note 4 to read that soils “are unsuitable” for conventional on-site wastewater disposal systems (replacing language that said “may not be suitable”); second, add a new plat note reading, “per FNSB c 17.560.05B2 each parcel below the 200,000 square foot minimum must have an alternative wastewater system approved by DEC.” He also added finding E that, quoting the applicant’s soils analysis, “the lots created in the subdivision are unsuitable … for conventional on-site wastewater disposal systems.” The decision adopted staff findings A through E and approved the subdivision with five conditions.
Eric Gabrielson confirmed the existing structure uses a privy. No public testimony was submitted. A final plat must be prepared by a registered land surveyor and submitted within 24 months or the preliminary approval will become void. Appeals of the decision must be filed in writing with the borough clerk’s office within 10 working days.
