PROPERTY LAW
Supreme Court of Alaska (2024)
Jack Jeffrey
In Griswold v. City of Homer, No. S-18608, 2024 WL 4246636 (Alaska Sept. 20, 2024), the supreme court held that a detached dwelling unit does not need a conditional use permit provided that it is an accessory building to a principal single-family dwelling. (Id. at 263). The Lowry family was granted a zoning permit for a Conex shipping container on their property in Homer’s Central Business District, which they had converted into a vacation home. (Id. at 259). Griswold, also a property owner in Homer’s Central Business District, appealed the grant of the zoning permit and argued that a conditional use permit was required. (Id. at 260). The Planning Commission, Homer Board of Adjustment, and Superior Court all ruled against Griswold. (Id. at 260–61). Griswold appealed to the supreme court. (Id. at 261). Ultimately, the supreme court reasoned that a second detached single-family residence could be accessory to the principal single-family dwelling or could be a second principal-use dwelling. (Id. at 263). If the second residence is accessory to the principal residence, then a zoning permit is sufficient, however, if it is deemed to be a second principal-use dwelling, then a conditional use permit is required. (Id.). The Lowrys’ Conex shipping container converted into a vacation home was deemed to be an accessory dwelling because it was smaller and less prominent than the existing mobile home on the property. (Id. at 264). Further, the supreme court maintained that there exists no mandate that an accessory building be used by the same people using the principal dwelling. (Id.). The supreme court affirmed, holding that the Lowrys’ Conex shipping container, a detached dwelling unit, is exempt from the need for a conditional use permit because it is an accessory building to a principal single-family dwelling. (Id. at 265).
