To be heard December 11, 2025Agenda Item No. 5

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Staff Recommendation

Approve the variance request to allow the subdivision plat to be accepted without surveying the remainder of Lots 16 and 17, as created by the J.W. Owens subdivision plat, based on the following evidence of hardship.

1. The adjacent property to the southwest (Parcel 123HE007) is under separate ownership from the subject property of this plat. Portions of Lots 16 and 17 were subdivided by deed in 1988 (instrument #198807120022166). This plat proposes to combine parts of lots 16 and 17 (Parcel 123HE018) to create a new lot of record. To include the adjacent parcel on the plat, the property owner would have to survey property that does not belong to them.

2. The current owner acquired this property (Parcel 123HE018) in 1988 by deed (instrument #198807120022166); however, the division of lots 16 and 17 was never reflected on a recorded plat. Since Parcel 123HE007 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. Approval of this variance will not be detrimental to public safety, health, welfare, or injurious to other properties as the parcel, which includes part of Lots 16 and 17, already exists by deed.

Approve the final plat to create a single lot in the RN-2 district.

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BACKGROUND:

The lots being subdivided were platted in 1945 by the J.W. Owens Property subdivision plat (Instrument #194501200000000). Portions of lots 16 and 17 were subdivided by deed in 1988 (Instrument #198807120022166), but the divided lots were never recorded on a plat. The remaining portions of lots 16 and 17 are under different ownership. This final plat proposes to create two lots of record, which meet the dimensional standards of the RN-2 district, by dividing parts of Lots 16 and 17. Doing so requires approval by the Planning Commission since a variance is required.

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 Lots 16 and 17 is much less than 5 acres and the deed of the subject parcel was recorded in 1988 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 portions of lots 16 and 17.