Disposition Summary

Approve the variance for plat approval without the benefit of a survey for the remaining portions of former lot 2, based on the following evidence of hardship.

1. Lot 2 of the Long-Homestead Property has been divided into separate properties by deed, but the transfer was never recorded on a plat. Requiring the remainder of lot 2 to be platted would require the subject property owner to plat properties that do not belong to them.
2. The variance request is unique to this property. The subject parcel includes the majority of former lot 2, which is owned by the original owner, whereas the remaining portions belong to the abutting northern parcel that is under different ownership.
3. Granting this variance is not expected to have any adverse effect on public safety, health, or welfare. Any developments on these lots would be subject to all applicable requirements of the Knox County Zoning Ordinance and the Knox County Engineering and Public Works Department during the permitting phase.

Approve the final plat for 27 lots in the PR (Planned Residential) zone.

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Staff Recommendation

Approve the variance for plat approval without the benefit of a survey for the remaining portions of former lot 2, based on the following evidence of hardship.

1. Lot 2 of the Long-Homestead Property has been divided into separate properties by deed, but the transfer was never recorded on a plat. Requiring the remainder of lot 2 to be platted would require the subject property owner to plat properties that do not belong to them.
2. The variance request is unique to this property. The subject parcel includes the majority of former lot 2, which is owned by the original owner, whereas the remaining portions belong to the abutting northern parcel that is under different ownership.
3. Granting this variance is not expected to have any adverse effect on public safety, health, or welfare. Any developments on these lots would be subject to all applicable requirements of the Knox County Zoning Ordinance and the Knox County Engineering and Public Works Department during the permitting phase.

Approve the final plat for 27 lots in the PR (Planned Residential) zone.

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BACKGROUND:
The Long-Homestead Property was platted in 2022 and included 3 large lots (plat 2-G-22, instrument 202209260019293). Lot 2 had an acreage of 16.41 acres. In 2024, a 4,138-sq ft triangular portion of lot 2 was sold and merged with the abutting northern parcel (deed instrument 202408160009551). This plat proposes to subdivide the remaining 16.31 acres of lot 2 into 27 new lots. It is noteworthy that the Planning Commission approved a concept plan for this subdivision for up to 45 lots within the subject parcel (12-SB-21-C, 12-E-21-UR). The portion that was sold was part of a common area for the subdivision.

VARIANCE:
Section 2.13 of the Subdivision Regulations (Area to be Surveyed) states 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) [Section 2.13.B].

In this case, the remaining portion of lot 2 is less than five acres and the deed of the subject parcel was created recently, after the adoption date. Therefore, a variance is required to accept the plat without surveying the remaining portions of lot 2. The Knox County Engineering and Public Works Department has recommended approval of the variance based on the justification provided by the applicant.