Disposition Summary

Approve the variance for the subdivision plat to be accepted without surveying the remainder of Lot 2 of the Anderson Addition City Map to the southeast based on the following evidence of hardship: 1. The adjacent property to the southeast (Parce081MB033) is under separate ownership from the subject property of this plat. Lot 2 was subdivided by deed in 1987 and this plat proposes to create a lot of record for the subject property by combining Lots 3, 4, and part of Lot 2. To include the adjacent parcel on the plat, the property owner would have to survey property that does not belong to them.

2. Lot 2 was subdivided by deed in 1987 (Deed Book 1926, Page 432) but this division was never reflected on a recorded plat. Since Parcel 081MB033 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. Granting the variance will not be detrimental to the public safety, health, welfare, or injurious to other properties in the neighborhood as the parcel, which includes Lots 3, 4 and part of Lot 2, already exists by deed.

Approve the resubdivision plat to create a single lot in the C-G-2 district.

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Staff Recommendation

Approve the variance for the subdivision plat to be accepted without surveying the remainder of Lot 2 of the Anderson Addition City Map to the southeast based on the following evidence of hardship:

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1. The adjacent property to the southeast (Parce081MB033) is under separate ownership from the subject property of this plat. Lot 2 was subdivided by deed in 1987 and this plat proposes to create a lot of record for the subject property by combining Lots 3, 4, and part of Lot 2. To include the adjacent parcel on the plat, the property owner would have to survey property that does not belong to them.

2. Lot 2 was subdivided by deed in 1987 (Deed Book 1926, Page 432) but this division was never reflected on a recorded plat. Since Parcel 081MB033 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. Granting the variance will not be detrimental to the public safety, health, welfare, or injurious to other properties in the neighborhood as the parcel, which includes Lots 3, 4 and part of Lot 2, already exists by deed.

Approve the resubdivision plat to create a single lot in the C-G-2 district.

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BACKGROUND:
The lots being subdivided were platted in 1874 by the Anderson Addition City Map (B-4039-A - Anderson Add. - 1874). This is a non-recorded map that serves an official map for the City of Knoxville's Ward Map. Lot 2 of the Anderson Addition City Map was subdivided by deed in 1987 (Deed Book 1926, Page 432), but the divided lot was never recorded on a plat. Parcels 081MB033 and 081MB034, which both include part of Lot 2, are now under different ownership.

The purpose of the final plat is to create a single lot of record by combining part of lot 2 and all of Lots 3 and 4 which meets the dimensional standards of the C-G-2 district. 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 remainder of Lot 2 is much less than 5 acres and the deed of the subject parcel was recorded in 1987 after the adoption date of the Knoxville-Knox County Minimum Subdivision Regulations. Therefore, a variance is required to approve the plat without surveying the remaining portion of Lot 2.