Planning board approves 1‑foot vacation of West Point drainage easement over buyer objections; vote 6-2

The Fairbanks North Star Borough Planning Board on Nov. 19 approved a request to vacate a one‑foot portion of a 20‑foot public drainage easement in the West Point Subdivision, after staff recommended approval with three conditions and after several members of the public spoke, including the buyer under contract who raised liability concerns.

Zach Lee, planning staff contact for the item, told the board the parent plat created several 20‑foot drainage easements but that no drainage structures have been constructed in those easements to date. Staff’s review and an engineering drainage analysis included with the application concluded that reducing the easement to 19 feet would still allow future drainage construction if necessary and that removing one foot would address a recorded encroachment where a corner of a house intrudes into the easement. "The report states that the parent subdivision created 4 drainage easements, each 20 feet in width," Lee said while showing aerial images and the applicant’s drainage memo.

Public testimony: the buyer, Lisa Kangas, who said she has been living in the property under early occupancy, said she only learned of the request the night before and that a one‑foot vacation directly affects her. She warned that if the borough later requires infrastructure in the easement ‘‘the owner … would be responsible for removing the concrete and would not be protected from damages,’’ and asked that her concerns be entered into the record. Neighbor and builder Darrell Russell testified that, in his view, the property in question is an elevated lot that does not drain toward the easement and that subdivision drainage generally flows to the street and greenbelt as designed; the seller’s realtor urged the board to consider a larger vacation in the future to ease the pending sale.

Board discussion, legal limits and vote: the borough attorney advised the board that it should not vacate more than was advertised (the application sought one foot) without additional notice. Board members discussed the trade‑offs — buyer risk versus the fact that the easement has not been used and that curb-and‑gutter drainage currently handles flows — and several members said they might support a full vacation if brought back with an engineered drainage plan. Mr. Levin moved, and Mr. Pitney seconded, the staff‑recommended motion to vacate the one‑foot portion with three conditions; the motion passed 6‑2 on a roll‑call vote. The planning board chair reminded the public that the Borough Assembly has 30 days to veto the planning board’s decision.

Next steps: staff will prepare the decision notice and the record required for potential Assembly review or Board of Adjustment appeals. The planning packet lists Zach Lee as staff contact and includes the applicant’s drainage analysis, the staff findings of fact, and the three recommended conditions for approval.