Disposition Summary

Approve the variance for the subdivision plat to allow the remainder of Lot 9 to be left without benefit of a survey based on the following evidence of hardship:

1. The remainder of Lot 9 (Parcel ID 073 13613) is under separate ownership from the subject property of this plat. To include the adjacent parcel on the plat, the property owner would have to survey property that does not belong to them.
2. Lot 9 was subdivided by deed in 2013 (Instrument# 201304120066922 & 201304120066926) but a new plat was not recorded to reflect this division. Since Parcel 073 13613 is under separate ownership, the property owner would have to survey property that does not belong to them should the variance not be approved.
3. Granting the variance will not be detrimental to the public safety, health, welfare, or injurious to other properties in the neighborhood as no new driveway is being created and the additional lot will be used for one single-family residence.

Approve the resubdivison plat to create 2 lots in the A district.

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Staff Recommendation

Approve the variance for the subdivision plat to allow the remainder of Lot 9 to be left without benefit of a survey based on the following evidence of hardship:

1. The remainder of Lot 9 (Parcel ID 073 13613) is under separate ownership from the subject property of this plat. To include the adjacent parcel on the plat, the property owner would have to survey property that does not belong to them.
2. Lot 9 was subdivided by deed in 2013 (Instrument# 201304120066922 & 201304120066926) but a new plat was not recorded to reflect this division. Since Parcel 073 13613 is under separate ownership, the property owner would have to survey property that does not belong to them should the variance not be approved.
3. Granting the variance will not be detrimental to the public safety, health, welfare, or injurious to other properties in the neighborhood as no new driveway is being created and the additional lot will be used for one single-family residence.

Approve the resubdivison plat to create 2 lots in the A district.

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BACKGROUND:
The existing tax parcel (Parcel ID 073 13604) consists of part of Lot 9 and all of Lot 10 of Sun-Ott Estates created by a plat in 2006 (Instrument# 200601180060916). Lot 9 was split by deed in 2013 (Instruments 201304120066922 & 201304120066926). However no plat was recorded to make this a legal subdivision. The northern part of Lot 9 was then added to Lot 10 to form the current tax parcel (Instrument# 201304120066922) whereas the southern part of Lot 9 is under separate ownership (Instrument# 201304120066926). The proposed resubdivision plat eliminates the lot line between the remainder of Lot 9 and Lot 10 on the existing parcel and adds new lot lines to create two lots from the current tax parcel.

VARIANCE:
Section 2.13 of the Subdivision Regulations states when a tract of land or parcel is subdivided into two or more lots, all resulting lots shall be surveyed and included on the plat except in the following two cases:
i. When the remaining portion of the property is five acres or greater in area [Section 2.13.A].
Ii. When the submitted plat includes a portion of a lot from a previously recorded plat and the balance of the lot is under separate ownership, and the lot was transferred by deed prior to adoption of the Knoxville-Knox County Minimum Subdivision Regulations (July 8, 1971) [Section 2.13.B].

In this case, the remainder of Lot 9 is much less than 5 acres and the deed of the subject parcel was recorded in 2013 after the adoption date of the Knoxville-Knox County Minimum Subdivision Regulations. Therefore, a variance is required to approve the plat without surveying the remaining portion of Lot 9.