Disposition Summary

Approve the variance to allow the remainder of the tract of land described in the deed for Parcel 024 06608 (Instrument# 20250811008228) to be left without the benefit of a survey based on the following evidence of hardship:

1. The remainder of the tract of land described in the deed for Parcel 024 06608 (Instrument #20250811008228) is under separate ownership and was conveyed to two separate owners in 2004 (Instrument# 200410120030866; Parcel 024 06607) & 2014 (Instrument# 201411070025829; Parcel 033 103). To include these adjacent parcels on the plat, the property owner would have to survey two different properties that do not belong to them.
2. These portions of the original tract were deeded to separate owners without plats to record the divisions. Since Parcel IDs 024 06607 & 033 103 are each under separate ownership, the property owner would have to survey two different properties that do not belong to them should the variance not be approved.
3. Granting the variance will not be detrimental to the public safety, health, welfare, or injurious to other properties in the neighborhood as Agricultural zoning allows two single-family homes to be constructed by right on the existing parcel and subdividing as shown on the plat would only add one additional single-family home.

Approve the final plat to create 3 lots in the A zone.

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Staff Recommendation

Approve the variance to allow the remainder of the tract of land described in the deed for Parcel 024 06608 (Instrument# 20250811008228) to be left without the benefit of a survey based on the following evidence of hardship:

1. The remainder of the tract of land described in the deed for Parcel 024 06608 (Instrument #20250811008228) is under separate ownership and was conveyed to two separate owners in 2004 (Instrument# 200410120030866; Parcel 024 06607) & 2014 (Instrument# 201411070025829; Parcel 033 103). To include these adjacent parcels on the plat, the property owner would have to survey two different properties that do not belong to them.
2. These portions of the original tract were deeded to separate owners without plats to record the divisions. Since Parcel IDs 024 06607 & 033 103 are each under separate ownership, the property owner would have to survey two different properties that do not belong to them should the variance not be approved.
3. Granting the variance will not be detrimental to the public safety, health, welfare, or injurious to other properties in the neighborhood as Agricultural zoning allows two single-family homes to be constructed by right on the existing parcel and subdividing as shown on the plat would only add one additional single-family home.

Approve the final plat to create 3 lots in the A zone.

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BACKGROUND:
The owner of Parcel ID 024 06608 is seeking to divide their parcel into three lots. The description for the property in its deed (Instrument #20250811008228) describes a much larger tract than the current parcel boundary encompasses and mentions that portions of the property previously conveyed in Instruments 200410120030866 & 201411070025829 are excepted. No new plats were recorded to make these legal subdivisions for these new properties. These conveyances are now known as Parcel IDs 024 06607 & 033 103 respectively and are each under separate ownership than the subject property.

The last revision of the final plat was received after the corrections deadline as the surveyor needed to correct a counterclockwise line bearing discovered during closure. Planning staff has allowed the plat to remain on the agenda in accordance with Section 2.10.C.6, which states the nine-day final plat correction deadline may be waived with just cause. In this case, the remaining revisions were not related to the subdivision or lot layout. Additionally, revisions to the final plat were submitted in time to be included in the Planning Commission documentation.

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 subject property is less than 5 acres and the conveyances from the original tract described in Instrument# 20250811008228 are also less than 5 acres. These conveyances occurred in 2004 & 2014 after the adoption date of the Knoxville-Knox County Minimum Subdivision Regulations. Therefore, a variance is required to approve the plat without surveying the remainder the tract of land described in Instrument# 20250811008228.