Disposition Summary

Allow the variance to create one additional lot on a previously approved joint permanent easement (JPE) without requiring the JPE to meet the applicable requirements of Section 3.03.D.3 of the Subdivision Regulations, based on the following evidence of hardships.

A. The existing JPE serves seven large lots under different ownership and the other owners do not want to bring the existing JPE up to the standards required in Section 3.03.D. Mandating the JPE to meet the same design and construction standards as a public street would affect these other property owners, who are not involved in this proposed subdivision.
B. The request and the subject JPE are unique to these properties. It is noteworthy that two prior variances were approved to allow additional lots on a substandard JPE.
C. 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 one additional lot, subject to providing a suitable turnaround meeting American Association of State Highway and Transportation Officials (AASHTO) standards.

Approve the request to resubdivide three lots and create one additional lot in the A (Agriculture) zone.

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Staff Recommendation

Allow the variance to create one additional lot on a previously approved joint permanent easement (JPE) without requiring the JPE to meet the applicable requirements of Section 3.03.D.3 of the Subdivision Regulations, based on the following evidence of hardships.

A. The existing JPE serves seven large lots under different ownership and the other owners do not want to bring the existing JPE up to the standards required in Section 3.03.D. Mandating the JPE to meet the same design and construction standards as a public street would affect these other property owners, who are not involved in this proposed subdivision.
B. The request and the subject JPE are unique to these properties. It is noteworthy that two prior variances were approved to allow additional lots on a substandard JPE.
C. 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 one additional lot, subject to providing a suitable turnaround meeting American Association of State Highway and Transportation Officials (AASHTO) standards.

Approve the request to resubdivide three lots and create one additional lot in the A (Agriculture) zone.

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This plat proposes to subdivide three parcels (013 01621-23) into 4 lots, resulting in a total of 8 lots being served by the existing JPE, named Rocky Meadow Lane. One of the three subject parcels is accessed via Lett Road.

BACKGROUND:
The Meadowlands subdivision, that included 61.3 acres divided into 30 lots, was platted in 1987 (inst. 198712150055018 and 198712150055019). The plat notes that a variance was approved for the JPE to serve five lots (lot 26-30), and any further subdivision of these lots will require the JPE to be improved up to the standard of a public road. Lot 29, one of the five lots that was located at the western end of the JPE, was subdivided into two lots in 1998, with a variance approved for the JPE to serve six lots without any improvements (inst. 199805150000613). In 2023, lot 30 was subdivided by deed in Probate Court into two lots on the south side of the Rocky Meadow Lane (inst. 202310270022028), increasing the number of lots that the JPE serves to a total of seven.

VARIANCE:
Section 3.03.F of the Subdivision Regulations (Previously Approved Joint Permanent Easement) states that additional lots may be created on a previously approved JPE if the subdivision meets the applicable requirements of Section 3.03.D (Private Right-of-way). Further, Section 3.03.D.3 states that a private right-of-way (ROW) serving six or more lots shall meet the same design and construction standards as a public street. This plat requests to create one additional lot without improving the existing JPE to the more stringent public street standards.

To support the creation of one additional lot, the applicant will provide an AASHTO-compliant turnaround. With this improvement, the JPE meets the general standards of a private ROW (Section 3.01.D.1), including the minimum ROW width of 40 ft, maximum grade of 12%, and provision of a suitable turnaround. However, the JPE will not meet the standards of a private ROW serving six or more lots (which is the same as a public street) due to the gravel driving surface and driving surface radii at the intersection. The Knox County Engineering & Public Works department supports this variance despite the existing JPE not meeting all the standards of a public street because there are no apparent safety issues.