News-Miner Editorial
Grandfather rights
Published Saturday, October 17, 2009
Digg
delicious
Facebook
Mixx
Reddit
Stumble It!Many Alaskans, especially in the Fairbanks area, think they should be able to do just about anything they want with their land.
Society requires, of course, that some rules be in place for reasonably orderly living.
But those rules lead to some pretty heated disputes at times.
Some landowners, for example, don’t like new rules that tell them what they can’t do with their land or house. There’s a certain amount of sympathy for them. They’ve been living their lives on their land in accordance with the existing rules when all of a sudden, because of someone else, the rules change.
Also, many property owners in the Fairbanks area were here long before the Fairbanks North Star Borough came along in 1967 and brought with it the power to regulate land use. Those property owners might chafe whenever they get told they can’t do something.
With that as a backdrop, Mayor Jim Whitaker and the Borough Assembly have been working on upgrades to the borough’s ordinance governing grandfather rights on exceptions to land and property use rules.
It’s a touchy subject but one that needs to be dealt with as the borough grows. It’s best that everyone have a clear understanding of the rules governing nonconforming uses of property.
The idea behind the changes is, in the words of the proposed ordinance, to “provide for fair and consistent determinations after appropriate notice and input from interested persons.”
That sounds reasonable.
Language in the proposed rules themselves states the intent is “to permit these nonconformities to continue until they are removed, but not to encourage their perpetuation. It is further the intent of this chapter that nonconforming uses and structures shall not be enlarged upon, expanded, increased or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same zoning district.”
That, too, sounds reasonable.
It’s possible, however, that the issue will fall to the new assembly and mayor to settle. Knowing the importance of property use regulations to this community, it would be especially good for the two remaining mayoral candidates to lay out their views on the topic.
Community Discussion
Newsminer.com doesn't necessarily condone the comments here, nor does it review every post. Read our full user's agreement.
Odd, no mention of the purposed $250.00 'fee'
Pearl
Odd? It's the DNM. What would you expect?
So your house was perfectly legal forever, but they changed the lot line standard. Now they want $250.00 and they still won't let you put a porch on. How stupid do they think we are?
I'd be willing to bet Mayor Tammie Wilson wouldn't put up with this nonsense.
BS! If someone has been here since even BEFORE the borough, then they should absolutely be grandfathered with whatever the ordinance. No exceptions. Same with the Triangle Club/Steese Lounge/G Club/whatever else it has been named. If some business has been in a place forever, they should be grandfathered. This changing the rules after the game has started should be illegal.
The FDNM has a hard time getting dates and fact right again.
1.01.010 Borough incorporation.
This borough was incorporated as a second class, general law borough on January 1, 1964. (Ord. 86-071 § 2, 1986)
1.01.020 Borough name.
The borough name is Fairbanks North Star Borough. (Ord. 86-071 § 2, 1986)
I believe that if I paid for my land and have been living on it that I have every right to do with my property what I want.... its no ones business but my own unless it has intentions of harming or hurting someone else.. I dont see what the big deal is......
The constution covers this very well, just read it and stop all this power trip BS. Who do they think they are anyway?
thats a can of worm that you might really want to look at. How do they determine when a home needs to have upgrades? When it is sold? Do they NATION WIDE mandate that when a new requirement for building codes is announced that every home needs to have it performed? Can you go back and tell people that built it that it is no longer up to snuff? NO, that is why the city waited until the lady who lived on 22nd and Rickert passed away to condemn her house, right? So what is the difference? The only difference should be if it was that way for the past ten years and if any one made a gripe about it. Isnt that what we are supposed to have?
Grandfather rights are just that, rights given to you by your grandfather ownership, not a government entity. They needed to be observed by the government, not mandated by them.
HAH! The "language in the proposed rules" reads like an article about the "settlements" in Israel's "occupied" territories... "nonconforming uses and structures shall not be enlarged upon, expanded, increased or extended", indeed... and what about adding that front porch, or an extra room for the grandkids, or an elderly parent?
Don't create a situation in which people have to request zoning variances for everyday things... don't needlessly complicate people's lives.
"The best government governs least."
All you people who supported a private outdoor gun range in this borough should be screaming bloody murder by now with what they are proposing. Considering there are no building codes, exactly what is a non conforming structure. Guess the borough would need building codes to define it. See where this is leading. More fees and restrictions. Better put up a shed today, by the time they get through with this the building permits and inspections will cost more than the building. Just another lets get our foot into the door so we can do what we really want. More money and more control.
By the way the voters already know Hopkins more government control of people, more taxes, and more laws. Above all else, the people need to conform with what the Mayor and assembly think is best for the good old boys and gals club. Wilson less government interference in people's lives and let people in neighborhoods work together towards solutions, not have government force it down everyone's throat.
one of the nice things about alaska when i first got here in the 1980's was the lack of counties. there were a few boroughs. but there were wide swaths of land between them with just the state as the only governing body. the lack of that extra layer of government really made things nice. alaska was the only place in the country that offered that. sigh.... now it seems all the land is slowly but surely being filled in with that extra government body. why can't they just leave it alone? if someone chooses in alaska they can live in an area where they are only answerable to state and federal instead of living in a place like fairbanks where you have city, borough, state and federal... and shoot, who knows, if the gangs really get going here you'll have to answer to the block head gangsta too.
Many fear the Borough's attempts are but the "first step" in completing changing/increasing it's powers it never had. Soon Borough wide "building codes" then who knows what else? Leave the "Powers" of the Borough alone, do not allow any increase of powers into areas they
were never intended to be. Read the State Constitution!
I used to live in the lower 48 and buidling codes and permits are the dumbest things ever. Can't use this wood,can't re-use wood,has to be a certain size,has to be insulated to x value,on and on. HORRIBLE waste of time and money. Especially when 95% of the inspectors that they sent out had very limited knowledge on home building. I sure hope that FNSB does NOT start this it would be more waste of our money to pay these people for a service that isn't needed. From what I have noticed here there are very few cases of homes burning to the ground do to a building issue from faulty consruction or bad electrical so I hope the leave people ALONE.
These people (FSNB) have never heard of the concept of private property. Whittaker's latest idiocy is noting but one more power and money grab. Whittaker 2.0 (Hopkins) will be more of the same if not worse. They have absolutely no regard for a person's home or their wishes for what they want to do with their home. At the request of the Mayor, the Borough has and is tearing apart peoples's acreages so they can charge more taxes on what is left. Where does it end? Who speaks for us? Certainly not the outside owned News Minus. This bunch has completely destroyed any physical thing of historical value around here, and now not content with that, they seek to destroy all vestiges of the Alaska life as well. Throw them the heck out!!!!!!!
Yep to just about everyone. This slippery slope eventually leads to the situation in Oregon, where every square inch of land is regulated as to the buildings and use of property. Glad I live out here by the edge of the treeline.
Society requires, of course, that some rules be in place for reasonably orderly living.
_______________________________
Expect a lot of new rules for the "betterment of society" if Hopkins is elected.
DNM, I would love to see a more detailed explanation of the proposed changes to grandfather rights. I was listening to the assembly meeting where one of the members stated that they would ask the paper to do a story on it. This editorial is a bit vague. Could you run a more complete story? I follow the paper daily but perhaps I missed it.
DNM, I just tried a search for the story and found it. Sorry :)
This proposal invites litigation. The stipulations in the body of this code rewrite allow each incident to be interpreted differently. This is not a standard. A standard we should expect to be precise and clear. If a precise and clear standard cannot be found it should not become law.
The borough has stipulations in their sale of property at Harding Lake. This is standard for all subdividers, government or private. These stipulations are conditions for purchase and development of the land. Violations of the stipulations is grounds for legal action, civil court action by those who discover the violation or breach.
We have a system to address property issues and it should not be further "undefined" by government. This ordinance should be pulled from any concent agenda and destroyed by common sense assembly members. Our elected officials have been giving consideration to every needless ordinance or law simply because it shows up on an agenda.(Plastic bag ordinance). Because an ordinance in the borough takes two readings the assembly should start debate on the merits of the ordinance at the first reading. If this is done the public can at least smell the contents of the ordinance and all will be better informed to voice their opinion if it gets to public hearing.
Experience shows us that a recent borough zoning ordinance to prevent the use of outhouses was unnecessary and ignorant. There was no safety issue or public health issue in the outhouse law but the wise assembly members forgot they were living in Fairbanks Alaska.
Imagine all those new property owners at Harding Lake putting in a septic tank sewer system before they pound the first nail in their new home.
Yes, I would like to see what the two borough mayor candidates have to say about this and my vote will weigh heavy on their opinions.
Zoning, covenants, etc. boil down to one group taking away a portion of the bundle of property rights of another group in order to satisfy their own desires, using the political system as the means of theft. Private property should be private property. People who don't like how it's used by the owner should acquire their private property somewhere else.
We must realize that we have to vote for politicians that will support our way of life here in the greatest State in the Union. We are rapidily losing our individual freedoms and we are allowing it. Folks are coming here in droves that care nothing for the way we used to live, and our rights to do as we choose. We had better realize this, or as sure as someday it will snow, we are going to lose the freedoms we have enjoyed here for so long. We have already lost so much, please, get out and vote. Tammie Wilson for Mayor.
You should be able to do whatever you like with your property, so long as that does not prevent me from doing the same on my property.
Want to keep a junkyard? Fine--unless toxins from your old scrap cars leach into my groundwater. Unless it poses a hazard or otherwise infringes my or someone elses ability to enjoy me or their property.
That said, zoning rules and restrictions do have a purpose, however unpleasant it might be. When we forgo living in the middle of nowhere, and settle in a built-up, densely populated area, we don't expect junkyards on every corner. We don't expect shooting ranges and bars in residential neighborhoods. We don't expect skyscrapers next to one-room shacks.
Read the entire ordinance - anyone should be shocked by what the Borough proposes. The Newsminer is favorably biasing this editorial issue as they did in their October 13 article. THE NEWSMINER WAS SUPPOSED TO MAKE PEOPLE AWARE AND EDUCATE THEM ON THIS ISSUE.
Where is the coverage on the legal implications when Grandfathered Right's are changed to Nonconforming? Where is the coverage informing people that they cannot rebuild, enlarge, or alter structures? Where is the discussion on the Planning Director or his designee being the single entity authorized to determine what can be nonconforming? What about the fee and process? What are the agricultural implications? This ordinance eliminates agricultural exemptions. Read the ordinance in its entirety below and I'm sure you'll come up with many more unanswered questions that have not been covered by this newspaper:
http://co.fairbanks.ak.us/Meetings/Ordin...
The comments from both Newsminer articles are unanimously opposed to items proposed in this ordinance. Wake up Borough and Newsminer. Let's see a balanced article.
The next borough assembly meeting should be totally packed with citizens outraged by this sort of talk!! We should not even allow the assembly or planning commission to consider/discuss this kind of talk. And, it should also be clear that it is PROPERTY that is grandfathered, not people. If I pass my property along to my kid, he/she should have the same rights on it as I did. What the hell has happened to our thinking that anyone would even consider this sort of thing?? Our property rights are THE MAIN cornerstone of our way of life in this Republic.
Ha, Ha, that was funny Whittaker 2.0, so does that make Bush the Beta version of Obama? The self regulating herd of cattle that call themselves Americans need to wake up! What are you going to do when they come into your home, UNINVITED and put a flush counter on your toilet? Do you know that whenever someone enters your house uninvited that your constitutional rights are being violated. Do you own your property? Or are you just renting it with the taxes you pay on it every year? I believe when you pay someone to do a job (borough property tax), you tell them what you want done, not the other way around!
I AM HILDA and I did not post the 11:38am comment!
Obviously my account has been hacked!
(This comment was removed by the Newsminer.com staff. Please see our User Agreement for further information.)
The "l" in the phoney Hilda is actually a capital "i". The font used by the newsminer displays them the same. Very clever. And dishonest.
The phoney Hilda is obviously one of the sleazy Democrat political operatives. Expect more dirty tricks from the Hopkins ilk.
(This comment was removed by the Newsminer.com staff. Please see our User Agreement for further information.)
Hilda, send an email to Julie Stricker, here: http://www.newsminer.com/staff/julie-str...
She'll delete the offending comments and their poster. That's the simplest solution.
NativeSon, do you have any proof that this phony commenter is a "sleazy Democrat political operative?" Anything at all?
IF one reads the proposed ordinance, attention should be drawn to para 18.56.030A3. It says that a structure destroyed of damaged can not be repaired unless it is brought into compliance with the ordinance. THAT does not mean restoring the structure, it means changing the structure to conform. A great number of homes built during he pipeline days have major structural issues which if partially destroyed (earthquake or fire) can not be rebuilt without complete destruction of the foundation/structure and could wind up penalizing the homeowner beyond his/her means to make repairs. In layman terms the lawyer input to this process means to force a great many citizens of this borough into a lower 48 style of living or out of the borough entirely. On the face of it, this ordinance, while well meaning, is NOT suitable for Alaska.
Henry
NativeSon
Thanks for your info!
I did contact Julie, Jeff, and Rod Boyce and the phony poster has been closed down and comments removed.
Kind of makes you wonder who put him up to that, doesn't it? I've always been a supporter of Tammie and the imposter was pro-Luke.
Let's all learn from this and keep a closer eye on the comments.
Obviously "the LUKERS" are getting desperate!
To change the topic a bit. What's all this stuff about Grandfather rights? Don't Grandmothers have rights, too?
As usual, the Newsminer is skewing the facts to try to make more government control palatable to the people. First of all, Chris Eshleman claimed in the previous article that "Public planners proposed the change in law following a question about whether Dogs Bar had grandfather rights." Not true. The Dogs Bar was previously closed for over a year, which by longstanding law meant it had no grandfather rights. That issue won't change under the proposed ordinance. The proposed ordinance is just a way for planners to rule by making homeowners jump through lots of hoops and pay lots of money.
There are plenty of places in the lower 48 where you can't so much as drive a nail on your own property without getting an expensive permit. There are plenty of places where you can't even use the rainwater that falls on your own property. The small-minded officials claim to be making all the rules for the public good.
A certain mentality loves to make rules for others to follow. Charlie Rex was one such personality and Luke Hopkins isn't far behind. Nobody is saying that they are as extremist as Hitler's father, a customs inspector, or the BTK killer, Dennis Rader, who was a city zoning enforcement officer. But there is a certain sickness to the mindset that delights in arbitarily inventing and enforcing rules.
As for the "sleazy Democrat operative," look at the postings for the past few days purporting to have inside knowledge about a report coming out to expose Tammie. These posters often say something like "I am a lifelong Republican and I was going to vote for Tammie but she snubbed me at a meeting." That's a lie in the style of Democratic dirty tricks "community organizer" Saul Alinsky.
I'm glad the phoney Hilda is gone. Based on her postings, I'd say she's more likely a Democrat than a member of the Ladies' Quilting Society. That's just a guess, but I think a pretty good one.
Now the real Hilda can post without distraction. Thanks Hilda.
I still think people should search their soul and see...what if, say, another Dog's Bar exist? What if it is next door? I fully believe that businesses should be grandfathered, and I think the fight against Dog's Bar was just a bunch of people just wanting to see THAT particular bar close. I think people should make sure they are not going to be hypocritical in how we approach grandfather rights.
If a date is way off you have to be suspect of the rest of the articles accuracy.
How do we know these comments are the real hildas and not the other hilda impersonating the real hilda by saying someone is a false hilda?
Ordinance 2009-26 the odious ordinance in question here, was remanded back to the planning department. They plan to hold meetings. A list of the planning commission members is here:
http://www.co.fairbanks.ak.us/Boards/pla...
the ordinance is here:
http://co.fairbanks.ak.us/Meetings/Ordin...
Note that at the meeting where they were going to enact this disgusting trash, they also passed a huge rezone.
http://www.co.fairbanks.ak.us/Meetings/A...
Again, these people have no regard for property rights whatever. All of this is nothing but a money and power grab. Contact the planning board and express your thoughts. You know we can use this comment section to merely vent, or we can use it to mobilize!
Post a comment
Commenting requires registration.