Disposition Summary

Approve the variance for plat approval without the benefit of a survey of Lot 74 Ridgefield Addition S/D (now parcel ID 068NB017 or 0 Wallwood Rd), based on the following evidence of hardship.

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Staff Recommendation

Approve the variance for plat approval without the benefit of a survey of Lot 74 Ridgefield Addition S/D (now parcel ID 068NB017 or 0 Wallwood Rd), based on the following evidence of hardship.

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1. The adjacent lot to the east (parcel 068NB01701, or 5521 Wallwood Rd) is under separate ownership from the subject property of this plat. Lot 74 of Ridgefield Addition S/D 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 74 is comprised of 2 parcels (068NB017 and 068NB01701) under separate ownership, the property owner would have to survey property that does not belong to them should the variance not be approved.
3. 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 three lots in the RN-2 district.

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Lot 74 Ridgefield Addition S/D was platted in 1946 (Instrument #194604050000000). This lot is located on City Block #39790, as shown on the KGIS ward map. In 1980, this lot was subdivided into two parcels by deed (deed 198007280013053), but the lots were never recorded on a plat. The two parcels (068NB017 and 068NB01701) are now under different ownership.

This final plat request intends to further subdivide the vacant subject parcel (094HC01001) into three 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 74 is much less than 5 acres (approximately 43,113 sf) and the deed of the subject parcel was constructed in 1980 after the adoption date of the Subdivision Regulations (deed 198007280013053). Therefore, a variance is required to approve the plat without surveying the remaining portion of Lot 74.