At the Fairbanks North Star Borough administrative hearing on June 18, 2025, staff presented multiple requests for affirmative recognition of legal nonconforming use status (commonly called "grandfather rights") for single-family residences located in light-industrial zoning districts. Staff recommended recognition in the cases presented and the hearing record shows determinations will be issued by staff within 15 days.
Jimmy Dixon, community planner, presented GR2025-100 (Jason Phillips), a request to recognize a residential dwelling unit as a lawful nonconforming use at 125 Kenneth Street (Lot 6, Block A, Murray Highlands Subdivision). Dixon told the hearing that assessing records show a single-family residence present as early as 1982 and that the lot was created in 1976. He said the lot was zoned rural estates in 1975 and the residential use became nonconforming after adoption of ordinance 85-134 on Nov. 21, 1985. Staff found no borough records conclusively showing a business operating from the structure and recommended affirmative recognition of legal nonconforming use status. The applicant, Jason Phillips, was not present at the hearing. The chair and staff noted that the department will issue an administrative determination within 15 days and that any determination may be appealed to the Planning Commission by filing notice and paying the appeal fee within 15 days of the determination.
Anduin McElroy presented GR2025-103 (Brian H. McNeil) for a single-family residence at 5101 Beechcraft Avenue in the Smith's Ranch Subdivision. McElroy summarized property history and assessing photos: the parcel was platted in 1952, appraiser notes estimate the house was built around 1954, and zoning changed over time from unrestricted (1968) to Air Industrial Park (1970) and later to light industrial (1988), at which point residential dwelling units were prohibited as a principal use. McElroy explained the borough's two-part test under the code: that the use was legally established before the zoning change and that it has not been discontinued for any reason for a period of 36 months. McElroy reviewed appraiser field-card notes and photographs indicating continuous residential use (including documented repairs and remodels in 1978, 1999 and 2023) and advised staff's recommendation that the structure receive affirmative recognition of legal nonconforming use status.
Applicant Brian H. McNeil spoke in support of his request. He said he purchased the property in February 2019 and described extensive repairs and renovations to make the home habitable. McNeil described the surrounding Block 7 of Smith's Ranch as containing 21 lots and seven structures, all residences, and said he believed no light-industrial uses remain on that block. He noted tax figures from the record: an annual tax of about $785 in 2020 and $1,835 in 2024 after improvements. "When I purchased it, it was about ready to fall down," McNeil said, describing the house as dated and in need of gut renovation. The public-notice mailings reached 252 property owners; no comments were received. McElroy told the hearing the staff recommendation was affirmative recognition.
A third item, GR2025-104 (also filed by Brian H. McNeil), seeking recognition for existing north and east front-yard setbacks at 5101 Beechcraft Avenue, was read into the record but removed from action at the hearing because staff had already issued a determination after the agenda was published. The chair stated that GR2025-104 "will not be acted on at this hearing or as a result of this hearing" because the determination had been issued.
Because the grandfather-rights decisions are administrative, the borough will issue written determinations within 15 days; those determinations may be appealed to the Planning Commission within 15 days of the determination by filing notice and paying the required fee with the borough clerk. The hearing transcript records staff findings, property-history evidence, and applicant testimony; no formal roll-call votes or motions were taken on these items during the hearing.