Disposition Summary

Approve the variance for plat approval without the benefit of a survey of Lot 22 of Richmond Heights (now parcel ID 094HC010 or 2082 Joseph Schofield St), based on the following evidence of hardship.

1. The adjacent lot to the east (parcel 094HC010, or 2082 Joseph Schofield St) is under separate ownership from the subject property of this plat. Lot 22 of Richmond Heights was subdivided by deed in 1980, and this plat proposes to create a lot of record for the subject property. To include the adjacent parcel on the plat, the property owner would have to survey property that does not belong to them.
2. Since Lot 22 is comprised of 2 parcels (094HC010 and 094HC01001) under separate ownership, the property owner would have to survey property that does not belong to them should the variance not be approved.
3. It is not for financial reasons that the variance is being requested. The adjacent owner may not agree to have their property platted.
4. Granting of the variance would not be detrimental to the public safety, health, or welfare of the public, nor would it be injurious to other properties in the neighborhood. This lot already exists by deed.

Approve the final plat for two lots in the RN-2 district.

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Staff Recommendation

Approve the variance for plat approval without the benefit of a survey of Lot 22 of Richmond Heights (now parcel ID 094HC010 or 2082 Joseph Schofield St), based on the following evidence of hardship.

1. The adjacent lot to the east (parcel 094HC010, or 2082 Joseph Schofield St) is under separate ownership from the subject property of this plat. Lot 22 of Richmond Heights was subdivided by deed in 1980, and this plat proposes to create a lot of record for the subject property. To include the adjacent parcel on the plat, the property owner would have to survey property that does not belong to them.
2. Since Lot 22 is comprised of 2 parcels (094HC010 and 094HC01001) under separate ownership, the property owner would have to survey property that does not belong to them should the variance not be approved.
3. It is not for financial reasons that the variance is being requested. The adjacent owner may not agree to have their property platted.
4. Granting of the variance would not be detrimental to the public safety, health, or welfare of the public, nor would it be injurious to other properties in the neighborhood. This lot already exists by deed.

Approve the final plat for two lots in the RN-2 district.

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BACKGROUND:

Lot 22 Richmond Heights was platted in 1920 (Instrument #192005220000001). This lot is located on City Block #23286, as shown on the KGIS ward map. In 1980, this lot was subdivided into two parcels by deed (deed 198010160015946), but the lots were never recorded on a plat. The two parcels (094HC01001 and 094HC01001) are now under different ownership.

This final plat request intends to further subdivide the vacant subject parcel (094HC01001) into two lots, meeting the dimensional standards of the RN-2 district. This requires approval by the Planning Commission since a variance is requested as part of the application (Exhibit B).

VARIANCE:

Section 2.13 of the Subdivision Regulations describes that 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).

In this case, the entirety of Lot 22 is much less than 5 acres (approximately 19,154 sf) and the deed of the subject parcel was constructed after the adoption date in 1979 (deed 198010160015946). Therefore, a variance is required to approve the plat without surveying the remaining portion of Lot 22.