Subdivision

Final Plat

4-SD-24-F

Approved
by the Planning Commission

Approve the variance to allow the creation of one additional lot on a previously approved joint permanent easement (JPE) without requiring the JPE to the meet the applicable requirements of Section 3.03.E, based on the following evidence of hardship.

1. The subject parcels and the existing JPE are the result of a Last Will and Testament referenced on the face of the survey. The additional lot being created is for a family member, as stated by the applicant.
2. The properties maintain no direct road frontage and are currently served by an existing JPE and network of driveways within the same. Only the family properties are served by this network of driveways, and the situation is unique to these properties.
3. The request is not based on a desire for financial gain since the plat's sole purpose is to allow for the construction of a new home by another family member of the estate, as stated by the applicant.
4. The granting of the variation will not be detrimental to the public safety or injurious to other properties in the neighborhood. Knox County Engineering & Public Works department supports this variance for only one additional lot. Any further creation of additional lots will require the JPE to the meet the applicable requirements of Section 3.03.E.

Approve the request to create three lots in the A (Agriculture) zone (resulting in total 7 lots being served by the existing JPE), subject to one condition.


See case notes below

Request

Property Info

Case Notes

What's next?

Applicant Request

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Subdivision
Final Plat of Subdivision of The Brogdon Place Properties
Lots
3 (Split)
Residential?
Yes - SF

Variances

Allow the creation of one additional lot on a previously approved joint permanent easement (JPE) without requiring the JPE to the meet the applicable requirements of Section 3.03.E.


Property Information

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Location
2115 Brogdon Place Way

Southwest of Strawberry Plains Pike, at end of Brogdon Place Way

Commission District 9


Size
5.47 acres


Growth Plan
Planned Growth Area

Case Notes

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Disposition Summary
Approve the variance to allow the creation of one additional lot on a previously approved joint permanent easement (JPE) without requiring the JPE to the meet the applicable requirements of Section 3.03.E, based on the following evidence of hardship.

1. The subject parcels and the existing JPE are the result of a Last Will and Testament referenced on the face of the survey. The additional lot being created is for a family member, as stated by the applicant.
2. The properties maintain no direct road frontage and are currently served by an existing JPE and network of driveways within the same. Only the family properties are served by this network of driveways, and the situation is unique to these properties.
3. The request is not based on a desire for financial gain since the plat's sole purpose is to allow for the construction of a new home by another family member of the estate, as stated by the applicant.
4. The granting of the variation will not be detrimental to the public safety or injurious to other properties in the neighborhood. Knox County Engineering & Public Works department supports this variance for only one additional lot. Any further creation of additional lots will require the JPE to the meet the applicable requirements of Section 3.03.E.

Approve the request to create three lots in the A (Agriculture) zone (resulting in total 7 lots being served by the existing JPE), subject to one condition.

Staff Recommendation
Approve the variance to allow the creation of one additional lot on a previously approved joint permanent easement (JPE) without requiring the JPE to the meet the applicable requirements of Section 3.03.E, based on the following evidence of hardship.

1. The subject parcels and the existing JPE are the result of a Last Will and Testament referenced on the face of the survey. The additional lot being created is for a family member, as stated by the applicant.
2. The properties maintain no direct road frontage and are currently served by an existing JPE and network of driveways within the same. Only the family properties are served by this network of driveways, and the situation is unique to these properties.
3. The request is not based on a desire for financial gain since the plat's sole purpose is to allow for the construction of a new home by another family member of the estate, as stated by the applicant.
4. The granting of the variation will not be detrimental to the public safety or injurious to other properties in the neighborhood. Knox County Engineering & Public Works department supports this variance for only one additional lot. Any further creation of additional lots will require the JPE to the meet the applicable requirements of Section 3.03.E.

Approve the request to create three lots in the A (Agriculture) zone (resulting in total 7 lots being served by the existing JPE), subject to one condition.
1. Any further creation of additional lots to be served by the existing JPE will require the JPE to meet the applicable requirements of Section 3.03.E of the Subdivision Regulations (Private right-of-way standards).

What's next?

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After the Planning Commission
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

Final Plat of Subdivision of The Brogdon Place Properties

Benjamin Moorman


Case History