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Home My WebLink AboutResolution 2021-07 Voska Lot Split (815 W State Road 434) RESOLUTION NO. 2021-07 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA; PROVIDING FOR THE DIVISION AND AGGREGATION OF THREE ORIGINALLY PLATTED LOTS OWNED BY NED ANTHONY VOSKA, TRUSTEE OF THE NED ANTHONY VOSKA FAMILY TRUST DATED AUGUST 20, 1996,AND LOCATED AT 815 W.STATE ROAD 434,WINTER SPRINGS,FLORIDA(EXISTING PARCEL ID. 04-21-30-511-OB00-0040) INTO TWO (2) RESULTING LOTS OF RECORD; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS,the City is granted the authority,under Section 2(b),Article VIII,of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS,section 9-3 of the City Code allows an owner of a single lot of sufficient size that satisfies zoning bulk regulations, except in a platted area of a planned unit development, to divide an originally platted single lot; and WHEREAS, section 9-11 of the City Code authorizes the City Commission to approve such division, generally referred to as a "lot split," by resolution, and sets forth the prerequisites and application process for lot splits; and WHEREAS, Ned Anthony Voska, as Trustee of the Ned Anthony Voska Family Trust dated August 20, 1996, (hereinafter"Owner") is the owner of certain real property located at 815 W. State Road 434 in Winter Springs, Florida,more particularly depicted and legally described in Exhibit A, attached hereto and fully incorporated herein by this reference, (hereinafter the "Affected Property"); and WHEREAS,Owner has petitioned the City,pursuant to section 9-11 of the City Code, to divide said Affected Property and to create two (2)resulting separate lots; and WHEREAS, said resulting lots are more particularly depicted and legally described herein; and WHEREAS, specifically, the Affected Property consists of three platted lots,which have historically been used for various residential and commercial purposes, and several of the commercial buildings and structures on said lots straddle the lot lines of the individually platted lots without regard to the boundaries of such lots; and City of Winter Springs Resolution No.2021-07 Page 1 of 8 GRANT MALOY, SEMINOLE COUNTY CLERK OF CIRCUIT COURT&COMPTROLLER CFN#2021098139 Bk:9996 Pagec 3�434352(10P9s) REC:07/2612021 8:18:08 AM by RECORDING FEES $86.50 WHEREAS, the Affected Property has been assigned a single tax parcel identification number, has been under the common ownership of the Voska family since October 1964, and appears to have been generally used as a single parcel during such time; and WHEREAS,the Owner proposes to divide existing Lot 5 of Block B, Johnson's Poultry Farm subdivision, as recorded in Plat Book 6, Page 8, and to combine or aggregate each resulting portions of Lot 5 with the respective Lots 4 and 6 on either side of existing Lot 5 to create two resulting lots; and WHEREAS, the City Commission finds that Owner has satisfied all of the requirements for lot splits set forth in section 9-11 of the City Code and that the Owner's proposal reduces existing nonconformities on the Affected Property; and WHEREAS,the City Commission of the City of Winter Springs finds that this Resolution is in the best interests of the public health,safety, and welfare of the citizens of Winter Springs. NOW THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY RESOLVES,AS FOLLOWS: Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby fully incorporated by this reference. Section 2. Approval of Lot Split and Subsequent Aggregation. (a) Subject to the conditions stated below, the City Commission hereby approves, pursuant to section 9-11 of the City Code, the division of Lot 5 of Block B, Johnson's Poultry Farm subdivision,as recorded in Plat Book 6, Page 8, located at 815 W. State Road 434(which is a portion of Parcel number: 04-21-30-511-OBOO- 0040),into two(2)separate lots. Said separate lots are more particularly depicted in Exhibit B,attached hereto and fully incorporated herein by this reference. (b) In addition and subject to the conditions stated below,the City Commission hereby approves the aggregation of each respective separate portion of Lot 5 of Block B, Johnson's Poultry Farm subdivision, as recorded in Plat Book 6, Page 8, with adjacent Lots 4 and 6,respectively,of the same subdivision,creating two resulting separate lots. Said separate lots are more particularly depicted and legally described in Exhibit B (hereinafter the "Resulting Lots" or, individually, a "Resulting Lot"). (c) Conditions of Approval. The conditions of approval for such lot split and aggregation are as follows: City of Winter Springs Resolution No.2021-07 Page 2 of 8 1. Prior to recordation of this Resolution, Owner shall be required to remove the portion of the graveled parking area located on the southern portion of the Affected Property which would encroach into the newly created Lot 4; and 2. Owner further agrees to not sell, convey, or assign any interest in either Resulting Lot,which would cause the loss of unity of ownership or title of each Resulting Lot,without first obtaining the written consent of the City of Winter Springs. Nothing herein is intended to prohibit or restrict the Owner from selling, conveying or assigning each Resulting Lot as a unified parcel of land or encumbering each Resulting Lot with easements or other interests in land that do not cause loss of unity of ownership of title. Owner, as a condition of the approval of this Resolution, agrees and consents that this requirement shall be binding upon the heirs, personal representatives, successors and assigns of the Owner and shall run with the Affected Property; and 3. The Owner is aware that it is currently using for parking purposes the unimproved and unopened right-of-way, called David Drive, which is located directly east and adjacent to the Affected Property and which was dedicated to the public in the Johnson's Poultry Farm plat. The City reserves the right to access and utilize the David Drive right-of-way for any and all public purposes consistent with the dedication in the future and in no way waives such right or interest by virtue of approval of this Resolution. Should the City desire to utilize the David Drive right-of-way in the future for any public purpose consistent with the dedication, the City shall retain the right to remove or prohibit any private uses interfering with such public use by any lawful means. (d) Upon recordation of this Resolution in the Official Public Records of Seminole County, Florida, said two (2) Resulting Lots, which shall consist of the split portions of Lot 5 aggregated with each respective adjacent lot,shall each be deemed a lot of record for development purposes pursuant to applicable law. Section 3. Repeal of Prior Inconsistent Resolutions. All prior inconsistent resolutions adopted by the City Commission, or parts of prior resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction,whether for substantive,procedural,or any other reason,such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Resolution. Section 5. Instructions to Staff. Pursuant to section 9-11(b)(2) of the City Code, the City City of Winter Springs Resolution No.2021-07 Page 3 of 8 Attorney is hereby directed to record this Resolution in the Official Public Records of Seminole County, Florida at such time as the conditions of approval herein have been satisfied. At such time, the Community Development Department is hereby directed to modify city maps and documents to reflect the lot split and aggregation upon recordation of this Resolution. Section 6. Effective Date. This Resolution shall become effective immediately upon adoption by the City Commission of the City of Winter Springs. However, the Resolution shall not be binding upon the Affected Property until recorded by the City in accordance with the requirements of this Resolution. ADOPTED by the City Commission of the City of Winter Springs, Florida, this day of 7� nt , 2021. Kevin McCann, Mayor ATTEST (City Seal): ��RIhiCS• Christian Gowan, City Clerk •••a • A Te 40 p. •'�Q v Approved!,q to legal form and sufficiency for the Ci inter Springs only: sf 4 iNO�� ANTHONY A. GARGANESE, City Attorney City of Winter Springs Resolution No.2021-07 Page 4 of 8 EXHIBIT A AFFECTED PROPERTY Lots 4, 5, and 6,Block B Johnson's Poultry Farm, according to the plat thereof,as recorded in Plat Book 6,Page 8 of the Public Records of Seminole County,Florida. City of Winter Springs Resolution No.2021-07 Page 5 of 8 All of Lot 4 and a portion of Lot 5,Block B,of JOHNSON'S POULTRY FARMS,according to the plat thereof, as recorded in Plat Book 6,Page 8 of Seminole County,Florida. Being more particularly described as:Begin at the Southwest corner of Lot 4, Block B,JOHNSON'S POULTRY FARMS,according to the plat thereof,as recorded in Plat Book 6,Page 8,Seminole County, Florida.Thence run North 08 degrees 08 minutes 07 seconds West 214.35 feet along the West line of Lot 4 to a point on the Southern right-of-way of West State Road 434 according to D.O.T right-of-way map Section 77580-2001. Thence North 89 degrees 59 minutes 52 seconds East 54.12 feet to a point of curvature. Said curve has a radius of 2,864.93 feet and is.concave to the North. Thence continue along curve with a chord bearing of North 89 degrees 12 minutes 33 seconds East and chord distance of 62.61 feet to a point. Thence continue South 04 degrees 03 minutes 16 seconds East 201.00 feet to a point, thence run S 82 degrees 52 minutes 56 seconds West 101.38 feet to the Point of Beginning. LOTS 4►,SAND 6, BLOCK B JOHNSON'S POULTRY FARM ACCORDING TO THE PLAT THEREOF,AS RECORDED IN PLAT BOOK 6,PAGE 8 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY,FLORIDA. LESS AND EXCEPT THE FOLLOWING: BEGIN AT THE SOUTHWEST CORNER OF LOT 4,BLOCK B,JOHNSON'S POULTRY FARMS,ACCORDING TO THE PLAT THEREOF,AS RECORDED IN PLAT BOOK 6, PAGE 8, SEMINOLE COUNTY, FLORIDA.THENCE RUN NORTH 08 DEGREES 08 MINUTES 07 SECONDS WEST 214.35 FEET ALONG THE WEST LINE OF LOT 4 TO A POINT ON THE SOUTHERN RIGHT-OF-WAY OF WEST STATE ROAD 434 ACCORDING TO D.O.T RIGHT-OF-WAY MAP SECTION 77580-2001. THENCE NORTH 89 DEGREES 59 MINUTES 52 SECONDS EAST 54.12 FEET TO A POINT OF CURVATURE. SAID CURVE HAS A RADIUS OF 2,864.93 FEET AND IS CONCAVE TO THE NORTH. THENCE CONTINUE ALONG CURVE WITH A CHORD BEARING OF NORTH 89 DEGREES 12 MINUTES 33 SECONDS EAST AND CHORD DISTANCE OF 62.61 FEETTO A POINT. THENCE CONTINUE SOUTH 04 DEGREES 03 MINUTES 16 SECONDS EAST 201.00 FEET TO A POINT,THENCE RUN S 82 DEGREES 52 MINUTES 56 SECONDS WEST 101.38 FEETTO THE POINT OF BEGINNING. EXHIBIT B DEPCTION AND LEGAL DESCRIPTION OF RESULTING LOTS City of Winter Springs Resolution No.2021-07 Page 6 of 8 effi�i:it�l�.d�.73°_.dSi�aa�¢{idlXia�ile`s�Fl�ePatPF,lid.J�i_ll":.Pli@�i�i7tldidaliee�P.fati��teFdP.53PP39H:�iPPi1P��iidPkl�ideiiiltlliy'�a...`tl._.,iii: 4 br -:z o ------------- in ---in til - '�� 07KW 214.3M'(0) s ad w !� 1 ��'azz czz ^ vig4 Its ld oo uj ca(D wog g l��u - 5 tag or�a1aq-SFi9Fs 2�aUO0a MO a' CLU � 0.z S.- L SCJ a m 6Y Rr iasiV� opt Q c c ¢cn .9# 'el! 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