Disposition Summary

Approve the final plat for one lot and an Alternate Access Standard in the RN-1 zone.

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Staff Recommendation

Approve the final plat for one lot and an Alternate Access Standard in the RN-1 zone.

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This property was purchased by the current owner in January of 2024. The proposed plat is establishing a lot of record with access off of Andes Road via an access easement as described in the Estate Deed of Johnnie James Shands, Deceased (Instrument # 200701300061845).

The Subdivision Regulations require access to a property via one of a number of options pursuant to Section 3.03. One of these options is an alternative access standard (Section 3.03.H of the April 1, 2024 Subdivision Regulations - the applicable version at the time of the application submittal). This section allows the applicant to use an alternate means of access other than the options listed in the applicable version of the Subdivision Regulations (Sections 3.03.B-G), though this requires Planning Commission approval.

Section 3.03.H pertaining to Alternate Access Standards states that applicants cannot use this section in lieu of seeking a variance, meaning if the sole reason an applicant is proposing another means of access is due to the subdivision not meeting the standards, this would not meet the intent of this section. In this case, the property was created by will, the access easement is pre-existing, and the nonconformity is not a result of any actions of the applicant. For these reasons, Planning supports approval of an Alternative Access Standard per Section 3.03.H.

Alternative Access Standards: Section 3.03.H:

The Planning Commission, with support of the Knoxville Department of Engineering or the Knox County Department of Engineering and Public Works, may consider alternative access standards for a subdivision of property that would address unique conditions of a site or development allowed under the requirements of the Knoxville or Knox County Zoning Ordinances. Alternative access standards may also be used for property with a previously existing nonconforming access. Legal documentation of the new or existing alternative access shall be required pursuant to Section 3.03.I.This section shall not be used in lieu of approval for a variance from another access standard.