Disposition Summary

Approve the variance for plat approval without the benefit of a survey for the remaining portions of Lot 7, based on the following evidence of hardship.

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Staff Recommendation

Approve the variance for plat approval without the benefit of a survey for the remaining portions of Lot 7, based on the following evidence of hardship.

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1. Lot 7 of the W.M. McNeely Addition subdivision was subdivided into 2 parcels by deed in 1993 (Instrument #199307090041476). However, the resultant parcels were never recorded on a plat. The purpose of this plat is to create a lot of record for the subject property, thereby leaving the remaining portions under different ownership. Requiring both parcels to be platted would require the property owner to plat property that does not belong to them.
2. The current property owner gained ownership of a portion Lot 7 (Parcel ID 082AD002) in 2023 by a deed with a property description dating back to 1993 (Instrument # 199307090041476). To include Lot 7 in its entirety on the subject plat (Parcels 082AD002 and part of 082AD00301of the original plat), the property owner would have to survey property that does not belong to them should the variance not be approved.
3. Granting this variance is not expected to have any adverse effect on public safety, health, or welfare. Any development of the lot would be subject to all applicable requirements of the City of Knoxville Zoning Ordinance and the City of Knoxville Engineering department.

Approve the final plat for one lot in the RN-4 district.

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BACKGROUND:

Lot 7 of the W.M. McNeely Addition subdivision was platted in 1956 (Instrument 195601060000001). This lot was subdivided into two parcels (Parcels 082AD002 and 082AD00301). This subdivision was never recorded on a plat and each of these parcels are currently under separate ownership.

The purpose of the final plat is to establish a lot of record along the current deed boundary of the property (Parcel ID 082AD002). This requires approval by the Planning Commission since a variance is requested as part of the application.

VARIANCE:

Section 2.13 of the Subdivision Regulations (Area to be Surveyed) 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 entirety of former Lot 7 is much less than 5 acres, approximately 12,555.7 square feet, and the deed boundary was constructed after the subdivision regulations went into affect. Therefore, a variance is required to approve the final plat without surveying the remaining portion of Lot 7.