Subdivision

Final Plat

4-SA-23-F

Approved

Approve the variance to allow the remainder of the adjacent property to the southwest to be left without the benefit of a survey because it 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
Resubdivision of Pelham Park, Lots 32 and 20 (part of)
Lots
3 (Split)
Residential?
Yes - SF

Variances

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


Property Information

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Location
155 Old State Rd.

Southeast quadrant of Old State Rd and Pelham Rd

Council District 6


Size
17,793 square feet

Planning Sector
East City

Growth Plan
N/A (Within City Limits)

Case Notes

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Disposition Summary
Approve the variance to allow the remainder of the adjacent property to the southwest to be left without the benefit of a survey because it 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 southwest to be left without the benefit of a survey because it 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 three new lots out of the subject property, which was last platted as part of the Pelham Park neighborhood in 1910. That plat (see Exhibit A) created Lots 32 and 20. Lot 32 and a sliver of Lot 20 were combined by deed in March 1976, omitting the rest of lot 20. The proposed plat includes the deeded property.
2) The Subdivision Regulations require all of the parent tract being subdivided to be included on the plat, with 2 exceptions:
a. In cases where the remainder of the property is over 5 acres in size (Section 2.13.A).
b. Or, 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.
3) In this case, the remainder property is less than 5 acres and was not deeded prior to July 8, 1971. Therefore, a variance is needed to leave the remaining land without the benefit of a survey.
4) Planning supports the variance request since, 1) the proposed subdivision meets the Subdivision Regulation requirements, 2) the remainder of the property that is not included on the plat (the remnant of Lot 20) is under separate ownership from the subject platted property and the applicant does not have the authority to have that property surveyed.

What's next?

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Because of its location in the CITY, 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

Resubdivision of Pelham Park, Lots 32 and 20 (part of)

Lucky Clark


Case History