Use On Review

11-A-25-UR

Approved with Conditions

Approve the request to reduce the minimum front building setback from 35 ft to 25 ft in the RB zone, subject to 3 conditions.


See case notes below

Request

Property Info

Case Notes

What's next?

Applicant Request

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Subdivision
Lots
0

Property Information

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Location
0 MONT RICHER AVE

Norheast side of Mont Richer Ave, northeast of Gouffon Rd

Commission District 8


Size
2.60 acres

Place Type Designation
SR (Suburban Residential), HP (Hillside Ridgetop Protection)

Currently on the Property
Single Family Residential (construction pending)

Growth Plan
Urban Growth Area (Outside City Limits)

Fire Department / District
Rural Metro Fire

Case Notes

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Disposition Summary
Approve the request to reduce the minimum front building setback from 35 ft to 25 ft in the RB zone, subject to 3 conditions.
Staff Recommendation
Approve the request to reduce the minimum front building setback from 35 ft to 25 ft in the RB zone, subject to 3 conditions.
1. If during design plan approval or construction of the development, it is discovered that unforeseen off-site improvements within the right-of-way are necessary as caused by the development, the developer will either enter into a memorandum of understanding (MOU) with the County for these improvements or reimburse the County for their direct expenses (if completed by County crews) to make corrections deemed necessary.
2. Meeting all applicable requirements of the Knox County Zoning Ordinance.
3. Meeting all applicable requirements of Knox County Engineering and Public Works.
The property was approved for a 7-lot residential subdivision on 2.61 acres in February 2025 (2-SA-25-C). This request is for all 7 lots to reduce the minimum front setback from 35 ft to 25 ft in the RB (General Residential) zone. Per section 5.12.05.A of the Knox County Zoning Ordinance pertaining to front yard setbacks, the planning commission may approve, a reduction of the front yard as a use on review.

A portion of the property (0.92 acres) is within the HP (Hillside Protection Overlay) zone, and there are some steep slopes on the property. The slope analysis shows a recommended disturbance area of 0.5 acres. The proposed disturbance within the HP area is 0.92 acres which is the entirety of the HP area.

DEVELOPMENT STANDARDS FOR USES PERMITTED ON REVIEW (ARTICLE 4.10 - SECTION 2).
The Planning Commission, in the exercise of its administrative judgment, shall be guided by adopted plans and policies, including the general plan and the following general standards:

1) THE USE IS CONSISTENT WITH ADOPTED PLANS AND POLICIES, INCLUDING THE COMPREHENSIVE PLAN OF KNOX COUNTY.
A. The property is classified as the POS (Parks and Open Space) place type. Knox County previously owned this property, which was part of Beverly Park until it was sold in 2024. The place type references the inclusion of the property as part of the park before being sold. Since single family dwellings are permitted by right in the RB zone, a plan amendment was not needed for the applicant to subdivide and construct houses on the property.
B. This proposal is consistent with Implementation Policy 2 of the Comprehensive Plan, ensure that development is sensitive to existing community character. The 25 ft setback is consistent with the abutting structures within 500 ft of the subject property on the same blockface. The front setback of those three houses averages just below 25 ft.

2) THE USE IS IN HARMONY WITH THE GENERAL PURPOSE AND INTENT OF THE ZONING ORDINANCE.
A. The RB zone provides for medium population density. The principal uses of land may range from houses to multi-dwelling structures or developments. Certain uses which are more compatible functionally with intensive residential uses than with commercial uses are permitted. Other related uses in keeping with the residential character of the zone may be permitted on review by the planning commission.
B. The RB zone permits single family residences by right. As mentioned previously, front setback reduction requires approval by the Planning Commission through the use on review process.

3) THE USE IS COMPATIBLE WITH THE CHARACTER OF THE NEIGHBORHOOD WHERE IT IS PROPOSED, AND WITH THE SIZE AND LOCATION OF BUILDINGS IN THE VICINITY.
A. The proposed front setback reduction is requested because of the topography on the site. The 25 ft setback is consistent with other houses on the blockface.

4) THE USE WILL NOT SIGNIFICANTLY INJURE THE VALUE OF ADJACENT PROPERTY.
A. The proposed setback reduction should have no impact on the adjacent properties.

5) THE USE WILL NOT DRAW ADDITIONAL TRAFFIC THROUGH RESIDENTIAL AREAS.
A. This proposal does not affect traffic. Eighty-seven daily vehicle trips were estimated by the 7-lot subdivision (2-SA-25-C).

6) THE NATURE OF DEVELOPMENT IN THE SURROUNDING AREA IS NOT SUCH AS TO POSE A POTENTIAL HAZARD TO THE PROPOSED USE OR TO CREATE AN UNDESIRABLE ENVIRONMENT FOR THE PROPOSED USE.
A. There are no known uses in the area that could be a potential hazard or create an undesirable environment for the proposed use.

What's next?

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Final Plat appeals will be heard by the Planning Commission.
Appeals of Concept Plans and Final Plats are filed with Chancery CourtThe Process
Applicant

Walker Enterprises, LLC


Case History