Disposition Summary

Allow the subdivision plat to be accepted without surveying the remainder of Lot 18 as created by the Dean Hill Addition subdivision plat, based on the following evidence of hardship. 1. The adjacent property to the northwest (Parcel 120EG029), which contains a portion of Lot 18, is under separate ownership from the subject property of this plat. The northern portion of Lot 18 was added to Lot 19 by deed in 1987 (instrument # 198706160021427). This plat proposes to create a lot of record for the southern part of Lot 18. To include the adjacent parcel on the plat, the property owner would have to survey property that does not belong to them.

2. The current owner acquired the southern part of Lot 18 (Tract 1) and Tract 2 (Parcel 120EG027) in 2024 by deed (instrument # 202408020006579); however, the division of Lot 18 was never reflected on a recorded plat. Since Parcel 120EG029 is under separate ownership, the property owner would have to survey property that does not belong to them should the variance not be approved.

3. Approval of this variance will not be detrimental to public safety, health, welfare, or injurious to other properties, as the new lot meets all criteria of the Subdivision Regulations, with the exception of surveying the entirety of Lot 18.

Approve the final plat to create a single lot in the RN-1 district.

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Staff Recommendation

Allow the subdivision plat to be accepted without surveying the remainder of Lot 18 as created by the Dean Hill Addition subdivision plat, based on the following evidence of hardship.

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1. The adjacent property to the northwest (Parcel 120EG029), which contains a portion of Lot 18, is under separate ownership from the subject property of this plat. The northern portion of Lot 18 was added to Lot 19 by deed in 1987 (instrument # 198706160021427). This plat proposes to create a lot of record for the southern part of Lot 18. To include the adjacent parcel on the plat, the property owner would have to survey property that does not belong to them.

2. The current owner acquired the southern part of Lot 18 (Tract 1) and Tract 2 (Parcel 120EG027) in 2024 by deed (instrument # 202408020006579); however, the division of Lot 18 was never reflected on a recorded plat. Since Parcel 120EG029 is under separate ownership, the property owner would have to survey property that does not belong to them should the variance not be approved.

3. Approval of this variance will not be detrimental to public safety, health, welfare, or injurious to other properties, as the new lot meets all criteria of the Subdivision Regulations, with the exception of surveying the entirety of Lot 18.

Approve the final plat to create a single lot in the RN-1 district.

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BACKGROUND:

The lot being subdivided was platted in 1966 by the Dean Hill Addition subdivision plat (Instrument #196601110000001). Lot 18 was subdivided by deed in 1973 (instrument # 197309170013403 and 197309170013497), and the northern half of the lot was added to Lot 19 by deed in 1987 (Instrument # 198706160021427). The current owner acquired their property, which is comprised of the southern portion of Lot 18 (Tract 1) and Tract 2 in 2024 by deed (instrument # 202408020006579). The division of Lot 18 was never recorded on a plat and the southern portion of Lot 18, along with Tract 2, is under different ownership.

This final plat proposes to create one lot of record, which meet the dimensional standards of the RN-1 district, by dividing Lot 18. This requires approval by the Planning Commission since a variance is requested as part of the application.

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 northern portion of Lot 18 is much less than 5 acres and the current parcel, which includes southern portion of Lot 18 was deeded in 1973 after the adoption date of the Knoxville-Knox County Minimum Subdivision Regulations. Therefore, a variance is required to approve the plat without surveying the northern portion of Lot 18.