Subdivision

Final Plat

2-SC-23-F

Approved

Approve the variance to allow the remainder of the adjacent property to the northwest to be left without the benefit of a survey because the adjacent property is under separate ownership and the applicant does not have the authority to have the property surveyed.

Approve the subdivision plat because it is otherwise in compliance with the Subdivision Regulations.


Request

Property Info

Case Notes

What's next?

Applicant Request

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Subdivision
The Resubdivision of the Tracy and Janet Hayes Property
Lots
2 (Resub)
Residential?
Yes - SF

Variances

1) Allow the remainder of the adjacent property to the northwest to be left without the benefit of a survey.


Property Information

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Location
1306 N. East End Rd.

Northeast side of N. East End Rd, south of Andrew Johnson Hwy

Commission District 8


Size
9.05 acres


Growth Plan
Rural Area

Case Notes

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Disposition Summary
Approve the variance to allow the remainder of the adjacent property to the northwest to be left without the benefit of a survey because the adjacent property is under separate ownership and the applicant does not have the authority to have the property surveyed.

Approve the subdivision plat because it is otherwise in compliance with the Subdivision Regulations.

Staff Recommendation
Approve the variance to allow the remainder of the adjacent property to the northwest to be left without the benefit of a survey because the adjacent property is under separate ownership and the applicant does not have the authority to have the property surveyed.

Approve the subdivision plat because it is otherwise in compliance with the Subdivision Regulations.
1) The purpose of this plat is to create two lots out of the subject property, which was last platted in 1978. That plat (Exhibit A) included the adjacent property to the northwest.
2) The Subdivision Regulations require for all of the parent tract being subdivided to be shown on the plat. If a new subdivision is created that does not include all of the parent tract, the remaining land still needs to be included on the plat except in cases where the remainder is over 5 acres in size (Section 2.13.A).
3) However, there is an exception to this rule. If the remainder is less than 5 acres and is under separate ownership as deeded before the adoption of the Subdivision Regulations on July 8, 1971 (Section 2.13.B), then it does not have to be shown on the plat.
4) In this case, the remainder property was deeded prior to July 8, 1971; however, the property was then platted in 1978, which negated the earlier deed. Therefore, a variance is needed to leave the remaining land without the benefit of a survey.
5) The remainder is under separate ownership from the subject platted property, but is under the same ownership as the property to the northeast of the subject platted property. Therefore, KGIS shows these lots as one parcel for tax purposes.
6) Since the land area of both the remainder and the adjacent northeast parcel exceeds 5 acres, Planning supports the request to leave it without the benefit of a survey.

What's next?

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Because of its location in the COUNTY, appeals will be heard by Knox County Chancery Court.
Final Plat appeals will be heard by the Planning Commission.
Appeals of Concept Plans and Final Plats are filed with Chancery CourtThe Process
Applicant

The Resubdivision of the Tracy and Janet Hayes Property

Eddy Garrett


Case History