IHPNA General Meeting
June 27, 2007

TSD Ward Building Auditorium
7:05 pm
Approximately 50 people in attendance
City Council members in attendance: Joe Bailey, Bob Becker, Joe Hultquist and Marilyn Roddy.

Called to order by Carole Allen, President
Carole gave out the small Island Home Park Parcel/Ward Lot maps. It was requested that only 1 map per house. Two large maps were posted in the auditorium.

Carole explained the reason the meeting was called was due to questions about lot lines and the confusion as to what a property owner can/cannot do on their deeded property. In order to clarify the situation, the following officials were invited to speak and answer questions: Mark Donaldson, Executive Director MPC; Brent Johnson, Deputy Director of Engineering, City of Knoxville; Steven King, Director of Engineering, City of Knoxville; Gary Norman, Building Inspections Director and Zoning Administrator, City of Knoxville; Tom Reynolds, Chief Building and Zoning Inspector, City of Knoxville and Anita Cash, Zoning Inspector, City of Knoxville. Carole explained these representatives will give a short presentation and then answer questions when all have finished explaining about their offices' responsibilities as it relates to our neighborhood.

Mark Donaldson - The City Council first passed a building permit moratorium and asked MPC to clarify the parameters of building on lots in the Island Home community.

Mr. Donaldson explained that the city utilizes the Ward Map of Knoxville which was created by the city charter and serves as the definitive map. It established lots, streets and alleys and was adopted when the first subdivision was developed in Island Home in the early 1900's. The maps that were given out have fine grain lot lines which are difficult to see on the small maps. On the MPC maps, parcel lines are red and the Ward Map lot lines are grey. Mr. Donaldson explained that his office also maintains all data as collected by the Knox County Registrar of Deeds which are the parcels of property that change ownership. Parcel lines do not always line up with the Ward Lot Map lines. If a property owner wants to amend the Ward Map, i.e., have the Ward Lot lines removed, he/she must submit an application to the MPC. Mr. Donaldson said this is called a "subdivision process." The MPC and the City of Knoxville review the survey data to assure that the data fits with the streets and alleys control points. When an application is approved, the Ward Map lot lines are removed. This is the only way to amend the Ward Map. Mr. Donaldson's office does not collect data for the parcels. His office encourages property owners who have Ward Map lines through their property to go through the platting process but be aware that the Registrar of Deeds will record anything that is submitted. The lending industry reviews the survey information, but the MPC is not involved. Mr. Donaldson realizes there is a conflict with the ward and parcel data, but the Ward Map is vital in many communities. The subdivision regulations create a good map for the city. The zoning code establishes dimensional standards for areas and for years the city had one zoning district - the R1. This zone required 75 feet frontage for the lot area. However, Knoxville has 150 years of standards that are smaller than 75 feet. In Island Home, there are 66 feet of frontage on some properties which would not meet the current standards. There are many areas around downtown which were developed 100 years ago with narrow lots.

The MPC uses the Ward Map adopted for those areas as the official map and gives legal and recognized status to the lines in the Ward Map. A property owner can build a house if he/she has an entire lot on the Ward Map as long as it complies with the zoning code. The MPC can't take away the Ward Map. The zoning code identifies lots on the Ward Map which can have residential buildings. Property owners of small lots on the Ward Map that don't meet the current standards still have legal rights to build.

What can a neighborhood, such as Island Home, do if they want to manage the quality/style of the building to match the quality of the neighborhood? The city has the H1 overlay which protects such things as architectural style, structure heights, demolition and infill. This overlay is a long process which requires a lot of work by the neighborhood to develop guidelines that meet the consensus of the neighborhood homeowners. It creates a review process through the Historic Zoning committee for all renovations, new construction and demolition.

Another zoning designation in Knoxville is the NH1 for Neighborhood Conservation and is more relaxed than the H1. This was intended for neighborhoods which are more diverse than the historic areas that work toward the H1. This also requires Historic Zoning committee approval for demolition. The city recently created Infill Housing guidelines which has design standards and is administered by a staff committee instead of the Historic Zoning Committee. This was created in the last year and we are beginning to administer some applications.

The idea that all lots need frontage on a street is not true. A property owner can obtain a joint Permanent Easement, which allows an in-lieu-of frontage property on a street. Individuals with large parcels can subdivide and provide easement according to the standards.

Gary Norman - All agree that the deeded lot lines and the Ward Map lot lines do not line up especially in older areas of town. There are many problems, but unfortunately most people don't find out until they try to obtain a building permit. A building permit will not be issued if the work crosses a Ward Map line. My office has been working hard this year and will explain some of the solutions we have come up with. There are no hard rules of what you can and cannot do; come to the office and sit down with my staff. You may have a Ward Map line problem, but there is no way to know until we research it. Look at the maps tonight and if you have a ward lot line problem, contact my department if you want to get it cleaned up. This is a problem all across the city, not only in Island Home.

Tom Reynolds - His office has been working hard to find solutions but there is a long way to go. No matter where you start, if you have a problem with your lot you will see Mr. Reynolds. His predecessor, David Giles, started in 1981 trying to deal with this problem. The Ward Map was completed in 1933 and made official by the city ordinance. Every project is different because the Ward Map is different from the deeded parcel. Taxes are paid on parcels. Building is based on Ward Map lots (plats). The recorded deed is described by the surveyor. Building Inspections and Codes looks at the lot NOT the parcel to decide about issuing a building permit.

Mr. Reynolds understands the frustration of property owners, but his office is charged with applying the zoning ordinance with what is brought to them. Page 1 of the handout shows the entire neighborhood and page 4 shows the Tax parcels for the lots we will look at on Maplewood. Since this area is R1, the first thing we look at are the set backs. If you turn to the next page, that is your ward map. I need to have your lot platted if you want it on the ward map. I picked at random some lots on Maplewood for this discussion. These are hypothetical situations and do not represent any current requests from property owners! Page 5 of the handout shows some non-allowed additions for the lots. The lot at 2021 is over the property line and would not be able to build the proposed addition. If this house was destroyed by fire, we would ask this property owner to have the lot surveyed, platted and put on the Ward map. If your house was built on the middle of a Ward Map lot line and you want to add on, I would not approve it. If you have 2 lots, we have to determine the set backs etc.

Anita Cash has been conducting inspections for many years and can look at the Ward Map and know most of the problems. These are not hard and fast rules because every situation will be different. All the combinations of lots are different. If a property owner is in this situation, please come to our office and let us work with you to help you do what is within the rules of the zoning. Sometimes we have to say no. We will always say no to building across the ward map lot line. If you are right on the line, you cannot build. You would have to build on one side or the other so we could determine set backs. As you can see from the next page, we are showing you some allowable ways to make the additions or add the accessory building. Gary Norman is responsible for interpreting the zoning ordinances. We cannot allow you to build on the lines and not be in compliance with allowable set backs. MPC, Zoning and Engineering all have to work together. If you have a problem, get a head start on it. If you want to plat, start early as it takes several months to complete the process.

Brent Johnson - Mr. Johnson was a surveyor and knows it is illegal to subdivide a lot without going through the MPC process. Lots and parcels are property transferred by deed. Lots are platted and are fit to be built on. They were approved to be built on. If you buy a lot, then you can build on it. He also mentioned that Island Home has several "paper alleys" that are on the map, but no physical improvements have ever been done on them. Those alley properties still belong to the city unless they have been closed and quit claims issued to the property owners.

Lance Dean and Carolyn Williams handled the question and answer session. Participants were asked to state their name and address for the record. Everyone had an opportunity to ask 1 question and then additional questions were asked as time permitted. Participants were asked to refrain from asking the same question as a previous person.

Steve Welch, 2148 Hillsboro Heights Road. I appreciate all the information you have talked about tonight. In IHP, we were initially plotted but we were never developed by the way it was plotted. This mess was not created by us, but by the builders. The cost is being passed on to me as the 6th owner of the property. As people, we see it does not make sense so why do we let a paper hold us up. It will be a lot of time and money, but it is a citywide problem that needs to be corrected. Why do you pass the burden of cost of problems created years ago on us? If the map was wrong in the first place, why should I have to fix the problem? You stated that lots and parcels are not connected, but they are connected because we have to pay taxes on them. Is the only fix to go through the platting process?

(reply) Ward map amendments are initiated by the owner of the property. We need the fees to keep our doors open. The lots are still in place and I can't give them up for you. The person who has the lot has rights. If it was deeded incorrectly years ago, I can't help it. The only correction is by the home owner having the lot platted.

Jim Hagerman, 2222 Island Home Boulevard. It seems like you could set up a streamline process for those property owners who want to plat. They have the valid survey in place. It should be a formality.

(reply) We do have an Administrative Plat. This is used if you are not further subdividing the property and it can be staff approved. Surveyors are licensed and sign the plat. If you have recently gotten a mortgage and have a new survey, you should be able to use that. The hard part will be if it requires easements.

Bob Haws, 2011 Spence. We live next to the Sakallas. Can you describe the situation at that parcel which has complete lots?

(reply) The problem was the access to the lots. You have to establish access to the lots which may require using part of the lot to do that. You also have to establish an easement to those lots. Mr. Sakalla will have to plat that easement then he will have to go through the approval process.

Marilyn Roddy, City Council. How do you determine ownership of partial lots since you can't create substandard lots? (reply) You can't subdivide it because it will be a substandard lot. You can go through the subdivision process if the lot was platted prior to 1971. If it has a structure and you are creating a new lot, you have to go through a process. Recently the zoning ordinance has started to allow you to survey and plat the division of the partial lots. The parcel lines are not exact and we can only determine them by surveying the ground to determine where it is on the ground. We don't require your neighbor to survey. What does that cost?

(reply by Steve Welch) I have recently called and found out the plat approval is between $250 and $300. Surveying costs between $1200 and $2000. Of the 12 I called, all were over $1000.

Rachel Craig, 2222 Island Home Boulevard. Did you say in Blount County, they will not register a deed if it has the words "a part of"? How did that happen?

(reply) Blount County interprets the State Law differently than Knox County.

Greg Congleton, 2101 Spence Place. I own part of Ward Lot 15. Is that buildable?

(reply) If you own part of it, NO you can't build on it. You must own 100 per cent of the lot to build on it.

Brian Douglas, 2256 Spence Place. I abut a paper alley. Most people do not use this system of the old Ward Maps any more. In our instance, has this been challenged in the court system in Knox County.

(reply) No, not to my knowledge.

(reply) No, we have to base it on the ground survey. Remember these lines are not perfect. They are based on a map which is based on nothing but deeds that are old.

(reply) No affect. You could adopt some new standards in the H1 overlay, but it would not affect what currently exists.

Randy Arnold, 2207 Hillsboro Heights Road. I am wondering about the parcel and ward map lots. Is there a process that owners could go to the city and make the parcels match the ward map? If your parcel line does not match the ward map line can the city amend the map to match up?

(reply) No, we cannot just amend the map. The lot is based on the map. The parcel is based on the depth of the lot. How do we know what the line is based on? If 2 neighbors agree, they can do a property line agreement and share the cost of the surveyors.

Lance Dean, 2128 Island Home Boulevard. City Council charged MPC to fix a problem. What are you doing to solve it?

(reply) We can't solve platting issues. The government cannot enter onto the property and plat property. The initial request was to look at the zoning and make recommendations. The only solution is to plat it and that is up to each individual property owner.

Rachel Craig, Island Home Boulevard. City Council asked MPC to look at avenues to solve the problem. Bob Becker suggested when the city closes a right of way to require the property to be platted. I thought you were also looking at ways to stop the problem?

(reply) City Engineering will no longer allow the closing of a right of way/alley that abandons a right of way.

Bob Becker - City Council. City Council did want MPC to look for solutions. Have you looked at the Register of Deeds? Have you looked at how to stop the problem? Are you looking at solutions instead of only identifying the problems? We have looked at having the city following the subdivision rules and plating when they close a right of way.

Joe Hultquist, 2240 Fisher Place and City Council. There are no easy fixes due to city codes, city charter and state law. Is there anything within the code and charter to amending it or going to the State Legislature? Can you explore any of these possibilities? Can we address the code and the charter? Maybe there are no remedies but we can try.

Greg Congleton, Spence Place. The city can't make us do something, but I need an easier and cheaper way to consolidate. I want some relief. We didn't cause the problems. I want it easier, cheaper and faster. We might take care of it ourselves.

(reply) The Ward Map is the law, but the other map showing the deep lines is not trustworthy. The ward map has property rights connected to it. The parcel rights are ownership - nothing else.

Steve Welch, Hillsboro Heights Road. The cost is not so much about the money. You could try to go to city council and try to get a variance and not pay the money. A variance is not the solution but we want a solution. This problem was realized a long time ago and people have been working since 1980 so it's time to work to a solution. You can't subdivide by deed. What are the buyers' rights if the seller committed an illegal act? If you take it to court it is the original survey. If the policy makes sense, do some of the examples make sense? Anita said these are laws approved by council but in the past or approved by State Legislature. If you all agree there is a problem, then from your positions you should be able to agree that it's a problem.

Rachel Craig - If a property owner has one lot and a right of way which was closed, can they build a structure across the line of the right of way?

(reply) Come to the office and sit down with me.

Carolyn thanked all the officials for attending the meeting and sharing all this information with us.
Meeting adjourned 8:30pm