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Home My WebLink About2025 09 08 Consent 303 - Resolution 2025-13: 340 Shore Road Lot SplitCONSENT AGENDA ITEM 303 CITY COMMISSION AGENDA | SEPTEMBER 8, 2025 REGULAR MEETING TITLE Resolution 2025-13: 340 Shore Road Lot Split SUMMARY The Community Development Department requests that the City Commission review Resolution 2025-13, providing for the division of one originally platted lot owned by Timothy X. Toohey and Jennifer P. Toohey, located at 340 Shore Road, Winter Springs, Florida 32708 (existing Parcel ID. 02-21-30-511-0000-0020) into two (2) resulting lots of record; providing for repeal of prior inconsistent resolutions, severability, and an effective date. FUNDING SOURCE RECOMMENDATION The Community Development Department recommends the City Commission approve adoption of 2025-13; providing for the division of 340 Shore Road. 44 City of Winter Springs Resolution No. 2025-13 Page 1 of 8 RESOLUTION NO. 2025-13 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA; PROVIDING FOR THE DIVISION OF ONE ORIGINALLY PLATTED LOT OWNED BY TIMOTHY X. TOOHEY AND JENNIFER P. TOOHEY, LOCATED AT 340 SHORE ROAD, WINTER SPRINGS, FLORIDA 32708 (EXISTING PARCEL ID. 02-21-30-511-0000-0020) 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, Timothy X. Toohey and Jennifer P. Toohey (hereinafter “Owners”) are the fee simple owners of certain real property located at 340 Shore Road in Winter Springs, Florida 32708, more particularly legally described in Exhibit A, attached hereto and fully incorporated herein by this reference, (hereinafter the “Affected Property”); and WHEREAS, Owners have 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, the Affected Property consists of one platted lot, which has historically been utilized for a single-family dwelling; and WHEREAS, the Affected Property has been assigned a single tax parcel identification number (Tax Parcel Id. 02-21-30-511-0000-0020), has been under the common ownership of the Toohey family since June 2015, and appears to have been generally used as a single parcel during such time; and 45 City of Winter Springs Resolution No. 2025-13 Page 2 of 8 WHEREAS, the Owners propose to divide the existing Lot 2 of the Atcher’s Place subdivision, as recorded in Plat Book 68, Page 27, Official Records of Seminole County, Florida, to create two resulting lots; and WHEREAS, the City Commission finds that Owners have satisfied all the requirements for lot splits set forth in section 9-11 of the City Code and that the Owners’ 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. (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 2 of the Atcher’s Place subdivision, as recorded in Plat Book 68, Page 27, located at 340 Shore Road, (Parcel number 02-21-30-511-0000-0020), into two (2) separate Resulting Lots (Lots 2A and 2B). Said separate lots are more particularly depicted and legally described in Exhibit B, attached hereto and fully incorporated herein by this reference. (b) Conditions of Approval. The conditions of approval for such lot split are as follows: 1. Owners further agree 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 Owners 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. Owners, as a condition of the approval of this Resolution, agree and consent that this requirement shall be binding upon the heirs, personal representatives, successors and assigns of the Owners and shall run with the Affected Property; and 46 City of Winter Springs Resolution No. 2025-13 Page 3 of 8 2. Owners shall, prior to recordation of this Resolution, provide the City with a written, executed, partial release of the mortgage affecting the Affected Property, as recorded at Seminole County Official Records Book 10289 Page 988, releasing such mortgage as to Lot 2B. The partial release shall be recorded simultaneously with this Resolution. 3. Owners shall, prior to recordation of this Resolution, provide the City with a written, executed, partial release of the Notice of Commencement affecting the Affected Property, as recorded at Seminole County Official Records Book 9691, Page 1, releasing such Notice of Commencement as to Lot 2B. The partial release of the Notice of Commencement shall be recorded simultaneously with this Resolution. (c) 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 2 (Resulting Lots 2A and 2B), 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 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 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 ________________, 2025. 47 City of Winter Springs Resolution No. 2025-13 Page 4 of 8 ________________________________ Kevin McCann, Mayor ATTEST (City Seal): ________________________________ Christian Gowan, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: _______________________________________ ANTHONY A. GARGANESE, City Attorney 48 City of Winter Springs Resolution No. 2025-13 Page 5 of 8 EXHIBIT A AFFECTED PROPERTY Lot 2, Atcher’s Place, according to the map or plat thereof, as recorded in Plat Book 68, Page 27, of the Public Records of Seminole County, Florida. 49 City of Winter Springs Resolution No. 2025-13 Page 6 of 8 Exhibit A – Affected Property 50 City of Winter Springs Resolution No. 2025-13 Page 7 of 8 EXHIBIT B DEPCTION AND LEGAL DESCRIPTION OF RESULTING LOTS LOT 2A - DESCRIPTION 51 City of Winter Springs Resolution No. 2025-13 Page 8 of 8 LOT 2A – DEPICTION 52 City of Winter Springs Resolution No. 2025-13 Page 9 of 8 LOT 2B - DESCRIPTION 53 City of Winter Springs Resolution No. 2025-13 Page 10 of 8 LOT 2B – DEPICTION 54 55 56 57 58 59