FNSB ADMINISTRATIVE HEARING Ester Conference Room, 2 nd Floor Juanita Helms Administration Center 907 Terminal Street, Fairbanks, Alaska

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1 FNSB ADMINISTRATIVE HEARING Ester Conference Room, 2 nd Floor Juanita Helms Administration Center 907 Terminal Street, Fairbanks, Alaska AGENDA 10:30 a.m. March 21, 2019 A. CALL TO ORDER B. COMMUNICATIONS 1. Staff Comments 2. Citizen Comments 3. Hearing Officer Comments This hearing may include Quick Plat, Legal Nonconforming (Grandfather Rights), Amnesty Relief and Administrative Variance requests. Public testimony will be requested as each agenda item comes up. Any action taken during this meeting may be appealed. Appeal of a Hearing Officer decision must be submitted in writing. Agenda, meeting audio, and Hearing Officer decisions are posted at C. QUASI-JUDICIAL HEARING 1. Administer Oath 2. Quick Plats a. SD Basecamp Subdivision A request by 3-Tier Alaska on behalf of Adriel Butler to subdivide Tract A out of Alaska Cadastral Survey 86-13, a parcel of 540 acres, into three lots ranging in size from 13 acres to 14 acres, and one Tract of approximately 500 acres. It is all within the Section 11, T3N, R2W, FM located on Himilaya Road. Staff Contact: Julie Kotila b. SD Dalton Pointe Subdivision A request by Stutzmann Engineering Associates, Inc on behalf of Kathleen Dalton and Candace Waugaman to replat TL-3005 and TL-3034, a total of approximately 36.5 acres into two lots of approximately 17.0 acres and 19.5 acres each. The request only adjusts the common lot line between lots and does not create any additional lots. The property is located within the W½ SW¼ Section 30 T1N R1W FM on Dalton Trail. Staff Contact: Daniel Welch c. RP (Aiken s Acres Subdivision) Replat of Lot 13 A request by Troy Hicks on behalf of himself to replat Lot 13 Aiken s Acres Subdivision, approximately 5 acres, into two lots of approximately 2.4 and 2.6 acres. The property is located in the SW1/4 of the SE1/4 of Section 23, T1N R1E, FM at the corner of Chena Hot Springs Road and Esro Road. Staff Contact: Julie Kotila

2 3. Grandfather Rights a. GR : A request by Mark Acord for affirmative recognition of legal nonconforming structure status (grandfather rights) for an existing singlefamily residence with a basement in the Groundwater Damage Protection (GWP) overlay in the Rural Residential (RR) zone for the property on Lot 5, Block 6, Seavy Subdivision (Located at 2900 Irene Mae Street). Staff Contact: Bridget Hamilton D. ADJOURNMENT

3 STAFF REPORT SD BASECAMP SUBDIVISION

4 Prepared by Julie Kotila, Platting Officer Applicant/Owner: Surveyor: Specific Request: Location: Existing Land Use: Current Zoning: Comprehensive Plan: Soils: FNSB QUICK PLAT RECOMMENDATION & ACTION FORM SD Basecamp Subdivision Adriel Butler 2640 Himilaya Road Fairbanks, AK Attn: 3-Tier Alaska 326 Driveway St Attn: Paula Hicks Fairbanks, AK March 21, 2019 FNSB Terminal Street Fairbanks, AK Sandra Mota, Land management Manager A request by 3-Tier Alaska LLC on behalf of Adriel Butler to subdivide Tract A out of Alaska Cadastral Survey 86-13, a parcel of 540 acres, into three lots ranging in size from 13 acres to 14 acres, and one Tract of approximately 500 acres. It is all within Section 11, T3N, R2W, FM located on Himilaya Road. This property is located north on the Elliot Highway off Himilaya Road. It is all within Section 11, T3N, R2W, FM. A mix of Commercial, exempt and vacant GU-1 (General Use) minimum lot size=40,000 SF no building setback requirements Rural Settlement Area (95%), Reserve Area (4%), Preferred Agricultural Land (2%) Gilmore Silt Loam, Steese Complex and Histic Pergelic Cryaquepts Flood Zone: Zone X (100%) Wetlands: Road Service Area: Portions may contain wetlands None Fire Service Area: None History: This property was part of a Federal Patent No for all of T3N, R2W, FM recorded July 2, It is subject to the Right-of-Way Lease for the Trans-Alaska Pipeline recorded in Fairbanks Recording District July 16, 1979 in Book 149 Page 799. The State of Alaska issued Patent No for the FNSB for Sections 9, 10 11, and 12 along with Tracts A and B within two of the sections (10 and 11) according to the Alaska State Cadastral Survey Plat filed in Fairbanks Recording District on January 22, 1986 as Plat Both sections Tract A s are located to the north of the Trans-Alaska Pipeline corridor and Tract B s to the south. These properties are subject to a right-of-way easement reserved for public access, the south 100 feet,

5 SD March 21, 2019 and public utilities, the north 30 feet, as granted by with ADL on January 29, 1982 which is shown on the ASCS Plat Access: FNSBC (B) states: All lots within the subdivision shall have legal, physical road access constructed to the standards required by this title. The proposed lots and tract rely on access from Himilaya Road through ADL and is classified as a Minor Collector road, which in turn connects through ADL to the Elliott Highway, classified as an Arterial Road which is state maintained. Both these ADL s meet FNSBC (C0(5)(d) as they are existing 100 foot wide easements for public rights-of-way that allow for construction, improvements and maintenance of a trafficway required by this title. This subdivision meets the legal access requirements of Title 17 however a portion of the Himilaya Road does not meet the construction requirements of Title 17. The no construction requirements are met by FNSBC (D) as the proposed Tract A is 540 acres, well over the 40 acre limit code calls for. The applicant has use of the Road Construction Exemptions FNSBC (G) stating; A subdivision creating five or fewer lots shall not be required to have constructed road access to the boundary of the subdivision. However, a lot created under this subsection may not be further subdivided until such time as legal, constructed road access is available to the boundary of the lot proposed to be resubdivided. and (A) stating; A. An applicant for a subdivision that creates fewer than 10 new lots in a fire service area and is not in a road service area, or any subdivision that is not in a road service area and fire service area, and does not rely on roads maintained by a service area for its only access or for access that is required by the subdivision plat or by other regulation or ordinance may apply for and shall be exempted from minimum standards for road materials and construction subject to the following requirements and restrictions: 1. A subdivision which is approved pursuant to this exemption shall not be eligible for inclusion into a road service area until a registered professional certifies that the roads sought to be included meet the minimum design, materials and construction standards of this title in effect when the subdivision was preliminarily approved. 2. The exemption from minimum road materials and construction must be disclosed in writing to any buyer of an exempted lot and any subdivision approved pursuant to this subsection shall contain a plat note with the disclosure containing essentially the following language: Roads in and to this subdivision were not required to and may not meet the borough s minimum standards for materials and construction. To the extent these road standards have not been met, fire protection, ambulance and other public services may not be available year-around or their availability may be severely limited. 3. The applicant shall provide to the platting authority sufficient information to demonstrate that the subdivision roads have been designed so as to allow future practical and economical construction that meets the standards of this title in effect at the time of the preliminary approval. 4. Where roads in exempted subdivisions intersect with existing traveled ways, landings shall be constructed with a minimum of a 30-foot length meeting the minimum standards for road materials and construction of this title, Fairbanks North Star Borough public works department driveway permit and, if required, the State of Alaska Department of Transportation and Public Facilities driveway permit.

6 SD March 21, 2019 Portions of Himilaya Road leading to the boundary do not meet Title 17. But this subdivision benefits from the Road Construction Exemption Ordinance that is in effect and does not have to upgrade the roads to Title 17 standards at this time because the subdivision creates only 4 lots. Even though the applicant has applied for a Road Construction Exemption it still must be proven a road can be built within the limits of the 100 foot ADL. They have submitted such proof in a plan and profile with this application. FNSBC (D) states: Roads that do not connect to adjacent roads shall end in a cul-desac or temporary turnaround. A temporary turn around must be within a 100 foot diameter dedication. Additional dedication is not required by this plat because of the existing 100 foot wide ADL. The applicant has submitted proof in a plan and profile for a temporary 85 foot diameter cul-de-sac that could be constructed within the 100 foot ADL satisfying FNSBC (E)(3). Wetlands: According to note 3 on the proposed subdivision, Portions of this subdivision may contain wetlands as shown. See POA , Washington Creek, Preliminary Jurisdictional Determination for more information. Drainage Report: A drainage report was prepared by Nicholas G. Ringstad on February 19, 2019 stating: The underlying soils for Basecamp Subdivision are classified as Gilmore Silt Loam, Gilmore Steese Complex and Histic Pergelic Cryaquepts according to the USDA Web Soil Survey dated August Gilmore Silt Loam and Gilmore-Steese Complex are composed of slightly decomposed plant material from zero to three inches below grade, silt loam at depths of three to 12 inches, very channery silt loam at depths of 12 to 19 inches and weathered bedrock at depths of 19 to 72 inches. The natural drainage class of Gilmore Silt Loam is well drained, with a moderately high to high capacity of the most limiting layer to transmit water. The Steese Complex portion of Gilmore-Steese Complex is composed of slightly decomposed plant material from zero to two inches below grade, silt loam at depths of two to 27 inches, very channery silt loam at depths of 27 to 33 inches and weathered bedrock at depths of 33 to 72 inches. The natural drainage class of Steese Complex is well drained, with a very low capacity of the most limiting layer to transmit water. Histic Pergelic Cryaquepts is composed of peat at depths of zero to 13 inches below grade, silt loam at depths at depths of 13 to 26 inches, material at depths of 26 to 64 inches and bedrock at depths of 64 to 72 inches. The natural drainage class for Histic Pergelic Cryaquepts is poorly drained, with a very low capacity of the most limiting layer to transmit water. FNSB In-house Review: Addressing/Street Naming: (Bill Witte, GIS-Emergency Services) Road Name Comments: TIBET ST is was previously reserved, 9/15/17, for a failed (withdrawn?) replat in within Tract A. We will retain it as reserved for this plat for the roadway which might, or might not, be constructed along the section line between Secs. 11 and 12 (both sides of HIMILAYA RD).

7 SD March 21, 2019 Addressing Comments: 2640 HIMILAYA RD is the assigned address for the building in proposed Lot 3. There an unknown number of additional proposed or constructed structures along ½ mile of road/driveway poorly described in the plat. If the owner requests we can assign addresses to the additional structures. It appears that there will be over a dozen structures along the driveway although the plat is not clear. FNSBC (C.10) requires that A separate official private road name is required for any unnamed road or driveway that provides access to five or more residential or commercial structures, or a driveway longer than 1,000 feet and providing access to three or more residential or commercial structures. It would be easiest if the owner named the private road name on the plat rather than using a separate road naming application. Once the private road is named we can assign individual addresses to the structures if needed. However, it is not clear whether there will be more than five or three structures. Public Works: (Chad Hosier, Public Works Engineer) All of public works concerns have been met. Zoning: (Manish Singh, Planner II) Current Planning has no objections to this plat request. The proposed lots and remainder tracts are located in the GU-1 zoning and meet the minimum lot size requirement of 40,000 sq.ft. Additionally, GU-1 has no building setback requirements. Transportation: (Don Galligan, Transportation Planner) Transportation has no comments. Flood: (Nancy Durham, Flood Plain Administrator) SD is located in Flood Zone X (100%) and is not required to meet FNSBC Floodplain Management Regulations. Rural Services: (Floyd Sheesly, Engineer) Has no comments on the proposed subdivision. Assessing: (Cynthia Anderson) Has no comments on the proposed subdivision. Agency and Utility Review: GVEA: No objection to approval of the preliminary plat provided the following changes are included in the final plat: A. Please move the encroachments or dedicate a new PUE. GVEA requests review of the final plat prior to approval.

8 SD March 21, 2019 GCI: No objection ALYESKA: commented: they have nothing to comment on. The state lands under and adjacent to TAPS are shown but not really part of the plat, a subdivision of Borough land. Therefore, the usual information they d want to include citing the Record Easement (Lease) and restriction on use do not seem needed. Analysis: The purpose of this plat is to subdivide a section of land being 540 acres into three Lots with the remainder being one large Tract of land. The lots being created do have access by way of Himilaya Road, a minor collector road, but it has not been entirely constructed as such. This proposed subdivision benefits from the current road construction exemption ordinance and no upgrade to Himilaya Road is required. A Road Construction Exemption Application has been applied for within the boundaries of the subdivision, however, the applicant must still prove that a road can be legally built within the limits of the ADL easement of the subdivision. A designed road cross section and a road plan and profile have been submitted ending in a cul-de-sac satisfying FNSBC (E)(3). This subdivision is part of a commercial development offering overnight stays in individual units for tourists. It is strongly suggested by FNSB Emergency Services Department that the applicant request a private road name for the driveway leading into the proposed subdivision with either numbers or letters assigned to each unit for less confusion in an emergency situation. Recommendation: Staff recommends preliminary approval for Basecamp Subdivision with the following conditions: 1. GVEA shall have a maximum of 30 calendar days to review and comment on the final plat. 2. A note shall be added to the plat stating: No lot in this subdivision can be further subdivided until such time as legal, constructed road access is available to the boundary of the lot proposed to be resubdivided. 3. A note shall be added to the plat stating: Roads in and to this subdivision were not required to and may not meet the borough s minimum standards for materials and construction. To the extent these road standards have not been met, fire protection, ambulance and other public services may not be available year-around or their availability may be severely limited. Findings of fact: Staff further recommends adoption of the following findings of fact: a. This plat creates 4 lots from one section of land. b. This plat has legal access through the 100 foot ADL rights-of-way easement already in place since c. No further subdividing can be done until a road is constructed to Title 17 standards per FNSBC (G) stating; A subdivision creating five or fewer lots shall not be required to have constructed road access to the boundary of the subdivision. However, a lot created under this subsection may not be further subdivided until such time as legal,

9 SD March 21, 2019 constructed road access is available to the boundary of the lot proposed to be resubdivided. d. FNSBC A.2 states The exemption from minimum road materials and construction must be disclosed in writing to any buyer of an exempted lot and any subdivision approved pursuant to this subsection shall contain a plat note with the disclosure e. This plat request does not alter a dedicated street or right-of-way or require any dedication. f. This plat request does not require road construction or improvement. g. This plat request does not require a variance from a subdivision regulation. h. This plat request does not deny legal or physical access to any lot or tract. i. This plat request does not vacate a public road, trail, public use area or any easements other than a public utility easement. j. With the three conditions recommended by staff, this subdivision request meets the applicable requirements of Title 17. ACTION by hearing officer at a public hearing on March 21, 2019: The above named file was Approved with the three condition(s) and adopting the staff report and Findings of Facts. A final plat must be prepared by a registered land surveyor and submitted to this office within 24 months or the preliminary approval will become void. Denied. Any appeal must be filed within ten working days of this decision. Recommended for hearing by the Platting Board. (See Platting Officer for requirements.) APPEAL of this decision must be made in writing within ten days of the decision. Request an appeal form from the Community Planning Department. cc: Jacquie Goss, GVEA FNSB Hearing Officer date

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20 STAFF REPORT SD DALTON POINTE SUBDIVISION

21 Prepared by FNSB QUICK PLAT RECOMMENDATION & ACTION FORM March 21, 2019 Daniel Welch, Platting Officer SD Dalton Pointe Subdivision Applicant/Owner(s): Surveyor: Kathleen Dalton PO Box Fairbanks, AK Stutzmann Engineering Associates, Inc PO Box Fairbanks, AK Candace Waugaman PO Box Fairbanks, AK Specific Request: Location: Existing Land Use: Current Zoning: Comprehensive Soils: Flood Zone: Wetlands: Road Service Area: Fire Service Area: A request by Stutzmann Engineering Associates, Inc on behalf of Kathleen Dalton and Candace Waugaman to replat TL-3005 and TL-3034, a total of approximately 36.5 acres into two lots of approximately 17.0 acres and 19.5 acres each. The request only adjusts the common lot line between lots and does not create any additional lots. The property is located within the W½ SW¼ Section 30 T1N R1W FM on Dalton Trail. Residential Rural Residential (RR) Perimeter Area Preferred Residential Land Fairbanks silt loam Flood Zone X NONE N/A University Fire History: Both parcels were originally part of the US patent for the William Perry Borden Homestead (Patent No ). The total area of this subdivision (TL-3005 and TL-3034) was portioned out of the original patent through warranty deeds one July 1, 1952 (Vol. 58, Pg. 333 FRD) and July 18, 1955 (Vol 74, Pg. 221). On November 6, 1979 a waiver of plat (WV ) was approved by the Planning Commission to create what is now TL The waiver and approval was recorded filed with the Fairbanks Recording District on November 16, The most recent change creating the current configuration of the parcels was the approved waiver of plat. Because all the changes since the original patent were either approved by the platting authority or prior to platting authority jurisdiction (started in 1957), the parcels involved in this subdivision were legally created. Applicability: This request is exempt from meeting the design and public improvement requirements of Title 17. FNSBC states: Any application to subdivide any number of lots that have been approved by the relevant platting authority when created or were exempt from platting authority approval when created shall not be subject to the design and public improvement requirements of this Title provided that all of the following criteria are met: A. The proposed subdivision does not result in an increase in the number of lots.

22 SD March 21, 2019 B. The proposed subdivision does not create a new violation of the design and public improvement requirements of this title. C. The proposed subdivision does not increase the non-conformity of any lot under this or any other FNSB title. The subdivision request proposes to adjust an existing lot line between two legally created lots. It is a replat of two lots into two lots. No new lots will be created by this request. A request that meets the requirements of FNSBC shall be exempt from all design and public improvement requirements within Title 17. This proposed subdivision meets the requirements of FNSBC because; 1. The request only involves lots that have either been approved by the relevant platting authority when or created by deed prior to a platting authority jurisdiction within the area. o Platting Authority jurisdiction within the area started in 1957, the warranty deeds involved with these lots were recorded in 1952 and o Current TL-3034 was created by a waiver of plat approved in The request does not result in an increase in the number of lots o The request only shifts a lot line, which created two lots from an existing two lots. 3. The application does not create a new violation of the design and public improvement requirements of Title 17. o o The lot line shift does not significantly change the lot configuration of the current tax lots and does not create a new violation of requirements found in Chapter the access or frontage for either lot will not change. 4. The proposed replat does not increase the non-conformity of any lot under this or any other FNSB title. o o The new configuration of the lots will not create a substandard lot as it pertains to lot area per the FNSB Zoning Ordinance. The new configuration of the lots shifts the common lot line east 25 feet which removes the con-conformity of the building set back within proposed Lot 1 (TL-3034). By meeting the requirements of FNSBC , the proposed subdivision shall not be subject to the design and public improvement requirements of Title 17 which includes right-of-way dedication, road design or road construction. Additionally it is not necessary for the plat to show any existing improvements, or design information substantiating that a borough standard road could be built within the flag stem of proposed Lot 2. Access: The proposed lots will continue to use the legal access and constructed access of Dalton Trail. This road is classified as a major collector road, which requires 80-feet of dedicated rights-of-way per FNSBC B. This plat fronts the dedicated 40-feet of Dalton Trail provide through other plats, but this plat is not required to provide further dedication for the road. The plat proposes direct lot access for both lots via a single existing access point located at the flag stem of proposed Lot 2. FNSBC F states Direct lot access onto a major collector road or arterial shall not be allowed unless topography allows no reasonable alternative. Because the plat is not proposing an additional access point which would create a new violation of the design and public improvement requirements, the request is still meeting the requirement of FNSBC B. Any requirements or restrictions to address the existing direct access is unnecessary because the plat sill satisfies all requirements of FNSBC Dalton Trail is paved and maintained by ADOT&PF which likely means the road is constructed beyond our standards. This plat is not required to upgrade the road or even determine if Dalton Trail meets the constructed road standards within Title 17.

23 SD March 21, 2019 Because Dalton Trail is maintained by ADOT&PF, a recommended condition by staff is to add a plat note the final plat stating Any new driveway, or modification to an existing driveway, onto Dalton Trail shall require an ADOT&PF permit. Additional improvements or dedication to the access road is not required because the request benefits from FNSBC Flood Zone: This property falls within Flood Zone X and is properly noted on the plat. Soils Report: A professional soils analysis is not required because the subdivision request meets the requirements of FNSBC and is exempt from the design and public improvement requirements of Title 17. Additionally each of the proposed lots are over 200,000 square feet in area. FNSB In-house Review: Addressing/Street Naming: (Kim Streeter, GIS-Emergency Services Technician) Addressing: Both structures in plat area are addressed. Street Naming: No new streets created by plat, all streets shown on plat are correct Public Works: (Chad Hosier, Public Works Engineer) My only comments would be regarding the road that could be built in the flag stem, the grade of Dalton Tr, and distance from any other intersection to the North. But if those requirements cannot be imposed on this plat, I have no comments. Since there is already a driveway installed and the flag stem ROW is 89 wide, I believe that a good road could probably be built in the flag stem. Zoning: (Manish Singh, Planner III) Current Planning does not have any objections to this plat request. The proposed lots 1 and 2 are located in the RR zone and meet the minimum lot size requirement of 40,000 sq.ft. The RR zone has a minimum setback requirement of 25 feet from all property lines. The structures located on the proposed lot 2 appear to meet the setback requirements. The structure located on proposed lot 1 is shown to be 25 feet from building corner. With the 25-foot proposed setback, the building appears to meet the RR setback requirements. Nevertheless, I have some concerns about any projections such as eaves. FNSB Code B.2 states that eaves, ornamental features and other ordinary projections normally associated with a residential building or structure may project not more than two feet into the required yard. Therefore, the minimum required RR setback for eaves with exemptions will be 23 feet. I understand this may not impact the platting process directly, but please advise the property owners to make sure that the eaves or other projections comply with setbacks. Transportation: (Don Galligan, Transportation Planner) since this is just the movement of a lot line, and we have no ability to require any improvements, Community Planning Transportation has no comment. Flood: (Nancy Durham, Flood Plain Administrator) SD is located in Flood Zone X (100%) and is not required to meet FNSBC Title Floodplain Management Regulations. Rural Services: (Floyd Sheesly, Engineer) Rural Services has no comment on the proposed quick plat.

24 SD March 21, 2019 Agency and Utility Review: GVEA: Golden Valley Electric Association, Inc. has no objection to the approval of the preliminary plat concerning that portion covering Government Lots 3 and 4 in the Dalton Pointe Subdivision, as submitted to GVEA on February 1, 2019, by Jeremy Stark of Stutzmann Engineering Assoc., Inc., provided the following: A) GVEA requests review of the final plat prior to approval by the FNSB; and B) GVEA asks that all easements of record be shown on the final plat. ADOT&PF: ADOT&PF has review the above request and has no comments. GCI: GCI has no objections to the preliminary plat proposed doe Dalton Pointe Subdivision. Attached is the approval. ACS: Agency was provided an opportunity to comment as of February 1, A response has not been submitted. FNG: Fairbanks Natural Gas (FNG) has no conflict with the above reference preliminary plat of Dalton Pointe Subdivision, as submitted on February 1, Fire Service Area: University Fire Department (UFD) has no objections at this time to the movement of the lit line. It doesn t appear to change fire department access to these two lots. Please feel free to notify the building owners that UFD has street address signs available for free if they need them. Contact for more information. Analysis: The purpose of this plat is to adjust a common lot line between two platted lots. Per FNSBC this platting request is exempt from the design and public improvement requirements of Title 17. The proposed subdivision includes a Type II Flag Lot, which is a lot that can be further subdivided under this title (FNSBC H.2). The lot design meets the requirements of a Type II Flag Lot because the flag stem is 89 feet wide, where the minimum width per Title 17 is 40 feet. Because the plat is exempt from all design requirements, FNSBC H.2.b does not apply to this request which states Evidence has been submitted by the applicant that a borough standard road can be constructed in the stem in the event of a future dedication. Including the recommended conditions below, this subdivision request meets the applicable portions of FNSBC Title 17. Recommendation: Staff recommends preliminary approval for the Dalton Pointe Subdivision with the following conditions: 1. GVEA shall have a maximum of 30 calendar days to review and comment on the final plat. 2. ACS shall have a maximum of 10 calendar days to review and comment on the final plat. 3. A note shall be added to the plat that states Any new driveway, or modification to an existing driveway, onto Dalton Trail shall require an ADOT&PF permit. Findings of fact: Staff further recommends adoption of the following findings of fact: a. FNSBC exempts this platting application from the design and public improvements requirements of Title 17 because: i. The lots were legally created. ii. The request does not increase the number of lots. iii. The request does not create a new violation of the design and public improvement requirements of Title 17.

25 SD March 21, 2019 iv. The request does not increase the non-conformity of any lot under this or any other FNSB title. b. FNSBC H.2.b states Evidence has been submitted by the applicant that a borough standard road can be constructed in the stem in the event of a future dedication. i. The plat is not required to provide evidence that a borough standard road can be constructed within the flag stem because it meets the requirements of FNSBC c. Dalton Trail is maintained by ADOT&PF. d. Dalton Trail is classified as a major collector road. e. Dalton Trail, at the location of this subdivision, only has 40-feet of rights-of-way dedication. f. FNSBC B requires major collector roads to be within an 80-foot wide dedicated rights-of-way. i. The plat is not required to dedicate and additional 40 feet of rights-of-way for Dalton Trail because it meets the requirements of FNSBC g. FNSBC F states Direct lot access onto a major collector road or arterial shall not be allowed unless topography allows no reasonable alternative. i. The plat relies on one existing access point onto Dalton Trail, and does not propose any new access points onto Dalton Trail. ii. The existing access is not required to be addressed by a variance or other means because the plat relies on FNSBC h. This plat request does not deny legal and physical access to any lot or tract. i. This plat does not vacate a public road, trail, public area or any easements other than public utility easement. j. This plat does not alter a dedicated street or right-of-way or require dedication. k. This plat request does not require road construction or improvement. l. This plat request does not require a variance from a subdivision regulation. m. With the three conditions recommended by staff, this subdivision request meets the applicable requirements of Title 17. ACTION by hearing officer at a public hearing on March 21, 2019: The above named file was Approved with the three conditions and adopting the staff report and Findings of Fact a through m. A final plat must be prepared by a registered land surveyor and submitted to this office within 24 months or the preliminary approval will become void. Denied. Any appeal must be filed within ten working days of this decision. Recommended for hearing by the Platting Board. (See Platting Officer for requirements.) APPEAL of this decision must be made in writing within ten days of the decision. Request an appeal form from the Community Planning Department. cc: Julie Karl, GVEA Robert Horner, ACS FNSB Hearing Officer date

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29 SECTION LINE EASEMENT RESEARCH Legal Description aliquot parts Sec Twn Rng Patent Serial Number Date of Entry Date of Survey Patent from US or AK? LOT 3 AND N 1W /30/ /09/1913 US ENTRY DATE PRE-DATES 4/5/1923 -> NO SLE Compiled by date NOTES: 1. Please research section line easement to the nearest dedicated right-of-way. 2. Please include a copy of the status plat with this research. Platting/Forms/section line easement research

30 STAFF REPORT RP AIKEN'S ACRES SUBDIVISION

31 This item has been withdrawn by the applicant.

32 STAFF REPORT GR

33 TO: FROM: DEPARTMENT OF COMMUNITY PLANNING STAFF REPORT GR March 21st, 2019 Administrative Hearing Fairbanks North Star Borough Administrative Hearing Officer Bridget Hamilton, Permit Technician DATE: March 21st, 2019 RE: GR : A request by Mark Acord for affirmative recognition of legal nonconforming structure status (grandfather rights) for an existing single-family residence with a basement in the Groundwater Damage Protection (GWP) overlay in the Rural Residential (RR) zone for the property on Lot 5, Block 6, Seavy Subdivision (Located at 2900 Irene Mae Street). General Information Property: Lot 5, Block 6, Seavy Subdivision (located at 2900 Irene Mae Street) PAN: Owner: Mark Acord, 2900 Irene Mae Street, North Pole, AK Applicant: Same as owner Zoning: Groundwater Damage Protection overlay in the Rural Residential zone (RR/GWP) Applicable Criteria FNSB Authority to continue: Any nonconforming building, use or lot which existed lawfully prior to the effective date of the ordinance codified in this title or any lawful building, use or lot which has become nonconforming upon the adoption of the ordinance codified in this title or any subsequent amendment thereto may be continued, subject to the restrictions in this chapter. FNBC (A) Restrictions: 1. A nonconforming building may be enlarged, altered, or reconstructed on an existing permanent foundation as long as this does not create a new nonconformity of this code, except that expansion is permitted within the standards that were in place when the zone changed. Reconstruction of the exterior of the building must be complete within a period of 36 months of the building being damaged or destroyed. The director of community planning, with the concurrence of the borough assembly, may extend this 36-month period to allow relief from emergencies or other extenuating circumstances which are outside the control of the landowner. 1

34 Staff Analysis 1. FNSB Title 18 (FNSBC ) defines a basement as a fully enclosed, finished or unfinished area located beneath a structure s first floor having a wall height greater than four feet and defines a crawlspace as a space beneath the first floor of a structure with no exterior door and a wall height no greater than four feet. It is used for visual inspection of the structure, access to plumbing, heating ducts, or electrical wiring. 2. The applicant has described the nonconforming structure as a single-family residence with a 6 6 crawlspace that is unfinished and takes up the full footprint of the house. A crawlspace over four (4) feet in wall height is classified as a basement according to FNSBC The subject parcel contains a single-family residence with a full unfinished basement in the Groundwater Damage Protection (GWP) overlay in the Rural Residential (RR) zone. This structure does not comply with the GWP overlay because it has a basement below the surface of the natural elevation of the exterior ground surface (FNSBC ). 4. Title 18 was amended by Ordinance No establishing a GWP overlay zone to prohibit construction of buildings or structures below the natural elevation of ground surface, effective February 10th, 1995 (Exhibit 1). 5. Ordinance No applied the GWP overlay zone to the subject property effective September 17th, 1999 (Exhibit 2). At this time, the existing basement became nonconforming. 6. FNSB aerial photography taken during the years , , 2007, and 2009 shows the development of the subject property (Exhibits 3). The subject lot was vacant between 1996 and 1999 (Exhibit 3A). A portion of the lot was cleared between 2002 and 2003 (Exhibit 3B). Photography taken in 2007 shows the footprint of the subject structure (Exhibit 3C). The subject structure was completed by 2009 (Exhibit 3D). 7. The FNSB Assessor Field Card shows that on November 16th, 2001 the Assessor s staff placed a checkback on the property for the construction of a new home, but noted that as of January 6th, 2003 lot still vacant (Exhibit 4). 8. Ordinance No added the definition of basements and crawlspaces to FNSBC , Definitions effective March 25th, 2005 (Exhibit 5). 9. The FNSB Department of Community Planning issued a zoning permit for the construction of a single-family residence on the subject property. The approved zoning permit noted the existing RR/GWP zoning and noted no basements on the permit (Zoning Permit No , Exhibit 6). 10. Photographs taken on inspections by the Assessor s staff show that the subject singlefamily residence with basement was completed between October 26th, 2007 and October 7th, 2008 (Exhibits 7). 2

35 Staff Recommendation Staff does not recommend that the single-family residence with a basement has affirmative recognition of legal nonconforming structure status (grandfather rights) as it pertains to basement in the Groundwater Damage Protection (GWP) overlay zone under Chapter , Nonconforming (Grandfathered) Uses and Lots. The single-family residence with a basement was constructed after October 26th, 2007 after Ord. No applied the GWP overlay zone to the subject property, effective September 17th, Therefore, the existing single-family residence with a basement does not have an affirmative recognition of legal non-conforming building status (grandfather rights) as it pertains to basement in the Groundwater Damage Protection (GWP) overlay zone under Chapter , Nonconforming (Grandfathered) Uses and Lots. Staff further recommends adoption of the staff report and the following Findings of Fact in support of this decision: 1. FNSB Title 18 (FNSBC ) defines a basement as a fully enclosed, finished or unfinished area located beneath a structure s first floor having a wall height greater than four feet and defines a crawlspace as a space beneath the first floor of a structure with no exterior door and a wall height no greater than four feet. It is used for visual inspection of the structure, access to plumbing, heating ducts, or electrical wiring. 2. The applicant has described the nonconforming structure as a single-family residence with a 6 6 crawlspace that is unfinished and takes up the full footprint of the house. A crawlspace over four (4) feet in wall height is classified as a basement according to FNSBC The subject parcel contains a single-family residence with a full unfinished basement in the Groundwater Damage Protection (GWP) overlay in the Rural Residential (RR) zone. This structure does not comply with the GWP overlay because it has a basement below the surface of the natural elevation of the exterior ground surface (FNSBC ). 4. Title 18 was amended by Ordinance No establishing a GWP overlay zone to prohibit construction of buildings or structures below the natural elevation of ground surface, effective February 10, Ordinance No applied the GWP overlay zone to the subject property effective September 17th, At this time, the existing basement became non-conforming. 6. FNSB aerial photography taken during the years , , 2007, and 2009 shows the development of the subject property. The subject lot was vacant between 1996 and A portion of the lot was cleared between 2002 and Photography taken in 2007 shows the footprint of the subject structure. The subject structure was completed by The FNSB Assessor Field Card shows that on November 16th, 2001 the Assessor s staff placed a checkback on the property for the construction of a new home, but noted that as of January 6, 2003 lot still vacant. 3

36 8. Ordinance No added the definition of basements and crawlspaces to FNSBC , Definitions effective March 25, The FNSB Department of Community Planning issued a zoning permit for the construction of a single-family residence on the subject property. The approved zoning permit noted the existing RR/GWP zoning and noted no basements on the permit. 10. Photographs taken on inspections by the Assessor s staff show that the subject singlefamily residence with basement was completed between October 26th, 2007 and October 7th,