On June 5, Fairbanks North Star Borough staff recommended that the borough recognize legal nonconforming status—commonly called "grandfather rights"—for outside storage on a Light Commercial–zoned parcel at 3590 Dale Road in Fairbanks, following an administrative hearing on the application by Wade Binkley.

The recommendation came during the borough's administrative hearing when Ms. McElroy, planning staff, told the hearing the property, addressed as Tax Lot 2308 in Section 23, Township 1 South, Range 2 West, is 86,248.8 square feet and has a long history of industrial boat-yard, maintenance, storage and backup passenger-boat landing uses. "The staff recommendation is because the outside storage as a principal use was established before the adoption of ordinance number 2024-46 on 01/09/2025," Ms. McElroy said.

The nut graf: staff concluded the documented use predated the borough's adoption of a Light Commercial (LC) zoning district for that parcel on Jan. 9, 2025, and therefore recommended affirmative recognition of legal nonconforming use under FNSB 18.108. If the department issues a determination favorable to the applicant, that determination may be appealed to the planning commission within 15 days of the determination's mailing, the hearing officer said.

In the body of the hearing, Ms. McElroy summarized the property's zoning and use history. Records show the parcel was zoned Unrestricted Use in 1968, was included in an Air Industrial Park (AI) district by 1970, converted to Light Industrial (LI) in 1988, and was reclassified to Light Commercial in the Jan. 9, 2025 ordinance. Staff found references to outside storage on the assessing field card as early as 1966 and presented aerial pictometry from 1949 through the 1980s and recent years to demonstrate ongoing outdoor storage and marine‑support operations.

The property owner on record is Chena River Properties, LLC, an entity affiliated with Riverboat Discovery. Mr. Binkley, the applicant, told the hearing he and his family have used the parcel for uncovered storage for many decades and that the staff report was "very comprehensive and showed our family's use of the property over many decades," adding he was "happy to sign on to the rezone" but concerned about losing outside storage rights.

Staff sent 121 property-owner notices as part of public notification for the hearing; Ms. McElroy said the borough received one written comment in support from Henry Dale of 3320 Dale Road, whose parcel borders the subject site on two sides. Ms. McElroy said the support letter was submitted a few days before the hearing and was included in the presentation materials but not in the staff report.

There was no public testimony at the hearing. The hearing officer closed public testimony and said the department must issue an administrative determination within 15 days of the hearing; that determination can be appealed to the planning commission by filing a notice of appeal and paying the required fee to the borough clerk's office within 15 days of the determination's mailing. The hearing was adjourned at 10:12 a.m.

No final administrative determination was announced at the hearing; staff's recommendation and the timeline for a written determination (and potential appeal) were the central outcomes of the session.