Disposition Summary

1. Approve the variance to reduce the private right-of-way width to 27.97 feet at the front property line, tapering out to 40 ft as space allows.
2. Approve the final plat since it is in compliance with the zoning and consistent with surrounding development.

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Staff Recommendation

1. Approve the variance to reduce the private right-of-way width to 27.97 feet at the front property line, tapering out to 40 ft as space allows.
2. Approve the final plat since it is in compliance with the zoning and consistent with surrounding development.

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1. The existing flag lot has a street frontage of 27.97 feet, so that is the maximum width that could be created for the private right-of-way at the front of the property. The right-of-way tapers out to 40 ft wide as space allows, bringing it as close to the required width as possible.

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1. There are five residences that have utilized this access easement for access since the early 1990s - the two houses on separate lots to the north, the two residences on the subject property, and a fifth lot that uses the easement but has frontage on Tecoy Quarry Lane and could have direct access off that street if that were ever desired in the future.
2. The number of lots utilizing the existing access easement exceeds that allowed for an exclusive permanent access easement since they can only service one lot; therefore, a private right-of-way is required.
3. A private right-of-way may serve two or more lots and is a privately owned access strip separate from the lots it serves. A private right-of-way was previously identified as a joint permanent easement in the Subdivision Regulations.
4. Private rights-of-way have the following requirements: a) it must be subdivided out of the property it serves and a homeowner's association must be created for maintenance; b) the right-of-way must be 40-ft wide; c) it must provide a suitable turnaround meeting American Association of State Highway and Transportation Officials (AASHTO) and the requirements of the Knox County Fire Marshal's Office; and d) it may not exceed a 12% slope.
5. With the requested variance from the right-of-way width, the proposed plat meets all of the above requirements.