Details of Action
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Approve the variance for the subdivision plat to be accepted without surveying the remainder of Lot 1 of the Final Plat of The Subdivision of the Hammond and Okain Property based on the following evidence hardship.
1. Lot 1 was created by plat from part of parcel 078 136.04 and all of parcel 078 132 in 2016 (Instrument # 201611290034352), but this combination was never captured on a warranty deed. Since parcel 078 136.04 is under separate ownership, the property owner would have to survey property that does not belong to them should the variance not be approved.
2. A warranty deed to combine part of parcel 078 136.04 and parcel 078 132, as reflected by Lot 1, was never recorded. Since the remainder of lot 1 (Part of Parcel 078 136.04) 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 this variance will not be detrimental to the public safety, health, or welfare or injurious to other property as two homes exist and the function of the property will remain the same.
Approve the final plat for 2 lots in the A (Agricultural) zone.
Property Information
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Location6909 WEAVER RD
West of Weaver Rd, north of Oak Ridge Hwy
Commission District 6
Size1.67 acres
Place Type DesignationRC (Rural Conservation), SP (Stream Protection)
Currently on the Property
Single Family Residential, Agriculture/Forestry/Vacant Land
Growth PlanPlanned Growth Area
Fire Department / DistrictKarns Fire Department
- Utilities
SewerWest Knox Utility District
WaterWest Knox Utility District
Case Notes
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Disposition Summary
Approve the variance for the subdivision plat to be accepted without surveying the remainder of Lot 1 of the Final Plat of The Subdivision of the Hammond and Okain Property based on the following evidence hardship.
1. Lot 1 was created by plat from part of parcel 078 136.04 and all of parcel 078 132 in 2016 (Instrument # 201611290034352), but this combination was never captured on a warranty deed. Since parcel 078 136.04 is under separate ownership, the property owner would have to survey property that does not belong to them should the variance not be approved.
2. A warranty deed to combine part of parcel 078 136.04 and parcel 078 132, as reflected by Lot 1, was never recorded. Since the remainder of lot 1 (Part of Parcel 078 136.04) 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 this variance will not be detrimental to the public safety, health, or welfare or injurious to other property as two homes exist and the function of the property will remain the same.
Approve the final plat for 2 lots in the A (Agricultural) zone.
Details of Action
Approve the variance for the subdivision plat to be accepted without surveying the remainder of Lot 1 of the Final Plat of The Subdivision of the Hammond and Okain Property based on the following evidence hardship.
1. Lot 1 was created by plat from part of parcel 078 136.04 and all of parcel 078 132 in 2016 (Instrument # 201611290034352), but this combination was never captured on a warranty deed. Since parcel 078 136.04 is under separate ownership, the property owner would have to survey property that does not belong to them should the variance not be approved.
2. A warranty deed to combine part of parcel 078 136.04 and parcel 078 132, as reflected by Lot 1, was never recorded. Since the remainder of lot 1 (Part of Parcel 078 136.04) 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 this variance will not be detrimental to the public safety, health, or welfare or injurious to other property as two homes exist and the function of the property will remain the same.
Approve the final plat for 2 lots in the A (Agricultural) zone.
Staff Recommendation
Approve the variance for the subdivision plat to be accepted without surveying the remainder of Lot 1 of the Final Plat of The Subdivision of the Hammond and Okain Property based on the following evidence hardship.
1. Lot 1 was created by plat from part of parcel 078 136.04 and all of parcel 078 132 in 2016 (Instrument # 201611290034352), but this combination was never captured on a warranty deed. Since parcel 078 136.04 is under separate ownership, the property owner would have to survey property that does not belong to them should the variance not be approved.
2. A warranty deed to combine part of parcel 078 136.04 and parcel 078 132, as reflected by Lot 1, was never recorded. Since the remainder of lot 1 (Part of Parcel 078 136.04) 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 this variance will not be detrimental to the public safety, health, or welfare or injurious to other property as two homes exist and the function of the property will remain the same.
Approve the final plat for 2 lots in the A (Agricultural) zone.
1. Lot 1 was created by plat from part of parcel 078 136.04 and all of parcel 078 132 in 2016 (Instrument # 201611290034352), but this combination was never captured on a warranty deed. Since parcel 078 136.04 is under separate ownership, the property owner would have to survey property that does not belong to them should the variance not be approved.
2. A warranty deed to combine part of parcel 078 136.04 and parcel 078 132, as reflected by Lot 1, was never recorded. Since the remainder of lot 1 (Part of Parcel 078 136.04) 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 this variance will not be detrimental to the public safety, health, or welfare or injurious to other property as two homes exist and the function of the property will remain the same.
Approve the final plat for 2 lots in the A (Agricultural) zone.
BACKGROUND:
In 2016, the property at 6909 Weaver Rd (Parcel 078 132) and part of 0 Oak Ridge Hwy (Parcel 078 136.04) were subdivided to create Lot 1 by the Final Plat of The Subdivision of the Hammond and Okain Property (Instrument # 201611290034352). A single warranty deed was never created to establish the single ownership of Lot 1 and the remainder of Lot 1 is under separate ownership.
VARIANCE:
The purpose of the final plat is to create two lots of record by dividing Lot 1 into two lots that meet the dimensional standards of the A district. This requires approval by the Planning commission since a variance is requested as part of the application. 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 the Lot 1 (Part of Parcel 078 136.04) is less than five acres and was created after the adoption date of the Knoxville-Knox County Minimum Subdivision Regulations. Therefore, a variance is required to accept the plat without surveying the remaining portions.