Fairbanks replat flags unpermitted garage, setback issue, floodway risk

A lot-line adjustment on 9.35 acres near Noyes Slough in Fairbanks drew staff attention to possible zoning and floodway issues during borough review, including an unpermitted garage, an apparent front-yard setback violation on a separate parcel, and a floodway designation that puts any ground disturbance under strict engineering review. A hearing officer will take up the replat July 2, but no decision has been made.

Fairbanks North Star Borough planning staff flagged the problems ahead of the July 2 administrative hearing, scheduled for 10 a.m. in the Mona Lisa Drexler Assembly Chambers at the Juanita Helms Administration Center, 907 Terminal Street. The replat, filed by Stutzmann Engineering Associates on behalf of the Daniel and Joanne Portwine Trust, would divide three parcels in the Homestead-Snowball Subdivision into one lot and two tracts along Alaska Way, Old Pioneer Way, and Luke Street.

Four percent of Tract 2 falls within a FEMA-designated floodway. Under borough code, any development including excavation, grading, or construction of structures in the floodway requires a registered engineer's certification that base flood elevations will not rise. Staff is conditioning approval on accurate floodway notes, a benchmark within 1,000 feet of each parcel, and a verified base flood elevation on the final plat. The final plat must be submitted within 24 months or approval becomes void.

On the zoning side, the Homestead-Snowball staff report identified two separate issues. On proposed Tract 2B, a garage and shop is not a permitted use in the Outdoor Recreation zone, and there are no permits on file for that structure. On proposed Lot 4A, the residential structure appears to sit closer to the front lot line than the 20-foot minimum required in the Two Family zone, and there are no permits on file for existing Lot 4. Staff noted that these structures may qualify for grandfather rights, but no determinations have been applied for or made.

The replat also creates a split zone between the Outdoor Recreation and Two Family zoning districts on Lot 4A and worsens an existing split zone on Lot 2A. Staff described that condition as not uncommon given the Outdoor Recreation zone's historical use along waterways.

Public testimony will be taken as each agenda item comes up at the hearing. Any appeal of the hearing officer's decision must be filed in writing with the Borough Clerk's Office within 10 working days of the decision.