Fairbanks Borough Assembly considers change to grandfather rights
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Many of the new rules are already in place, borough Community Planning Director Bernardo Hernandez said. Eventually, the assembly will be asked to approve them. The new rules were introduced in June in an ordinance by outgoing Mayor Jim Whitaker.
Probably the biggest change is that the borough will notify neighbors after a landowner has asked for grandfather rights. Prior to 2008, neighbors were not normally notified, Hernandez said.
The proposal also calls for ending an exemption that allows anyone to take up agricultural activities on their land so long as they can prove there were previous agricultural activities. For example, Hernandez said a landowner can keep pigs on his or her property if they can show that pigs were kept on the property at any time in its history.
The measure prohibits landowners from rebuilding a nonconforming building that has been destroyed, though it provides an exception for buildings destroyed by criminal acts such as vandalism. Landowners can make a special request if the destruction happened because of fire or flood.
Landowners lose their grandfather rights automatically when the land use changes. For example, a landowner who changes a plumbing store, approved under grandfather rights, to a house automatically loses the grandfather rights to have a plumbing store on the land in the future.
As in the current law, most changes must conform with the zoning laws.
The Borough Assembly also would lose the power to decide on appeals associated with grandfather rights. The power would rest with the Planning Commission.
The borough Planning Department is hosting a series of informational meetings about the new rules on Thursday in Ester and next week in Fairbanks, the Goldstream Valley and Two Rivers.
The meetings consist of a 20-minute presentation, followed by a question-and-answer session.
The borough receives about 10 requests per year for grandfather rights, Hernandez said.
For more information, go to www.co.fairbanks.ak.us.
Contact staff writer Amanda Bohman at 459-7544.
Police are arresting everyone that lives in North Pole for a crime that occurred there yesterday. In return for paying a $250 administrative fee, North Pole residents that object to being jailed will be allowed the opportunity to prove their innocence. Officials praise the new method, stating that "It will raise lots of money, and relieve administrators from the burden of proving that somebody did something wrong."
There is considerable difference between what is reasonable and justified for zoning in built up areas with [occupied]lots of less than 5 acres, and what is reasonable zoning for 50mi out of town with properties of 20-40 plus acres and mostly vacant land. The borough annexations have created this vaiability, and zoning requirements need to be diverse enough to fit realistically - not some 'pie in the sky' vision of [hoped for by speculators] 'future developement'.
And property owners and residentual builders/buyers should be entitled to the security of knowing that they and their home will not become 'non-compliant' [and non-transferable] in the future, because of some new 'development goal' instituted by the planning commission, land speculators, or 'community development' groupies.
The only hope is to prevent the assembly from approving these changes.
When is this proposal to be voted by the Assembly?
I think this idea is a bad one.
If I'd have known the Borough's propensity for greater reach when we built our home, I'd have never built within the Borough. $3,000.00/year in taxes can buy a BUNCH of gasoline for an extended scenic commute..
Most people don't bother to read the zoning code. If they did, they would likely find there is at least something about their home and property that is not allowed under the current code, but that was legal previously. Everyone better prepare to cough up $250 every time the the Borough gets some wonderful new idea.