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Borough approves subdivision of Lot 21 into three parcels; sheds must be moved to meet setbacks
Summary
The Fairbanks North Star Borough approved RP01225 to subdivide Lot 21 into three parcels, imposed seven conditions and added an extra finding about existing setback violations; small shed must be moved or removed.
Hearing Officer Kellan Spielman approved an application to subdivide Lot 21 into three lots on Feb. 20 during the Fairbanks North Star Borough Administrative Hearing, adding a finding about existing zoning and setback violations and approving seven conditions for final platting.
The case, RP01225, was presented by borough planning staff and sought to split an approximately 29,500-square-foot (0.68-acre) parcel into three lots ranging from roughly 7,000 to 14,500 square feet. Staff explained the parcel has legal access from Holden Road and Allston Road and that Holden Road had been inspected by the borough engineer and met Title 17 standards for a constructed road. U.S. Department of Transportation (DOT) and the borough engineer waived a corner-rounding requirement at the intersection because of available right-of-way.
Staff identified a nonconforming small shed on Lot 21-A-3 that sits less than the required five-foot side-yard setback and recommended, as a condition of approval, that the shed be removed or relocated so it is at least five feet from the proposed lot line. Other existing zoning violations on nearby structures were noted; staff said the current subdivision does not make those situations worse.
Spielman approved the subdivision, adopting the staff report and adding a finding (finding E) to the record that “based on the information submitted, there appears to be multiple zoning setback violations created or affirmed through this platting action.” The approval included seven conditions; among them are the requirement that the identified small shed be moved or removed, correction of flood-zone plat note language to indicate “flood zone X protected by levee,” and assignment of a unique subdivision name to avoid future conveyance confusion.
Applicant representative Nathan Kaigui said the client is prepared to move the small shed but indicated the larger shed in the right-of-way has no current plan for relocation. No public testimony was submitted. A final plat must be prepared by a registered land surveyor and submitted to the Community Planning Department within 24 months or preliminary approval becomes void. Appeals must be filed in writing with the borough clerk’s office within 10 working days.
