Disposition Summary

Approve the variance for plat approval without the benefit of a survey for the remaining portion of the parcel (143 11002) to the north, 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 for the remaining portion of the parcel (143 11002) to the north, based on the following evidence of hardship.

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1. The adjacent parcel to the north (143 11002 or 10125 Doyle Ln) is under separate ownership from the subject property of this plat. A 0.1-acre strip for the driveway on this parcel was dedicated by deed in 1975 (instrument # 197502200005460), and this plat proposes to combine this strip with Parcel 143 11003 or 10124 Doyle Ln to create a lot of record. 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 property owner gained ownership of a portion of Parcel 143 11002 in 1975 by a deed (instrument # 197502200005460). Since the remainder of Parcel 143 11002 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, or welfare because the portion of Parcel 143 11002 to be added to Parcel 143 11003 is concentrated around the existing driveway, which already serves Parcel 143 11003.

Approve the resubdivision plat to create a single lot in the A district.

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The majority of Parcel 143 11003, proposed lot 1, was platted in 1974 (Instrument #197405310019418). In 1975, a 0.1-acre strip from the adjoining parcel (143 11002) was dedicated to the current property owner by deed (Instrument # 197502200005460) for the driveway, but a plat was never recorded to separate the driveway strip from the remainder of Parcel 143 11002. The remainder of that parcel is now under different ownership.

This resubdivision plat request proposes to add the deeded driveway strip to the existing lot to create a single lot of record, which meets the dimensional standards of the A district. Doing so 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 remainder of Parcel 143 11002 is much less than 5 acres and the deed of the subject parcel was constructed after the adoption date in 1975 (deed 197502200005460). Therefore, a variance is required to approve the plat without surveying the remaining portion of Parcel 143 11002.