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Home My WebLink AboutOrdinance 387 Dividing Platted Property ORDINANCE NO. 389 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, AMENDING SECTION :4-3.1, ENTITLED "DIVIDING PLATTED PROPERTY", OF THE WINTER SPRINGS CITY CODE PROVIDING FOR A LIMITATION ON THE DIVIDING OF PLATTED PROPERTY; PROVIDING SEVERABIL- ITIES, CONFLICTS AND AN EFFECTIVE DATE WHEREAS, the City Commission of the City of Winter Springs, Florida deems it necessary to clarify and further limit the divi- sion of platted property, the procedure for which is described in Section 14-3.1 of the Winter Springs City Code. NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Winter Springs, Florida, that: SECTION 1. Section 14-3.1, entitled "Dividing Platted Property", is hereby amended to read as follows: An owner of a single lot of sufficient size, except in a platted area of a planned unit development, may, with prior approval of the City Commission, divide an originally platted single lot once into no more than two (2) parcels or lots. An owner of a lot which has been divided shall not be granted approval for a replat which would result in dividing the originally platted single lot into more than two (2) parcels or lots. Each parcel or lot so divided shall in every respect meet the criteria established elsewhere in this Code for the catagory of zoning and other relevant Codes under which the property is zoned and each parcel or lot shall meet the engineering requirements set out elsewhere in this Chapter. In such instance, and only within the strice application of this Section, may the full provisions of this Chapter be waived and variances granted thereto. No building permit shall be issued for the erection of any building on a previ- ously platted lot which is divided contrary to this Section. SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3. If any Section or portion of a Section or sub- section of this Ordinance proves to be invalid, unlawful, or unconstitutional, it shall not be held to invalidate or impair the validity, force or effect of any other Section, portion of a Section, subsection or a part of this Ordinance. SECTION 4. Th:.s Ordinance shall become effective upon passage. PASSED AND ADOPTED this 27th day of July, 1987. CITY OF WINTER SPRINGS JOHN V. TORCASO, MAYOR ATTEST: Mary T. Norton CITY CLERK First Reading 6/22/87 Posted 6/24/87 Public Hearing and Second Reading 7/27/87. ~. r~~~, tu~" . , '" 'vii 'Q!!:ii.. " \(., . ".'~ ~/ CITY OF WINTER SPRINGS, FLORIDA I. ,c;~ f/ 1\,7 \ \ 1126 STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708 Telephone (305) 327-1800 February 12, 1987 I'. ~ - City Manager - Attorney ! II' - /' / i I Lot split Mrs. Backus - 15 year resident of the Ranchlands, has 5 acres she would like to split one time. It is permissible by our code - she and her husband cannot afford to pay the $200 fee and take the chance of the Commission not granting it. Let me know your thoughts on this. Thanks. SECTION 14-3.1 DIVIDING PLATTED PROPERTY An owner of a single lot of sufficient size, except in a platted area of a planned unit development, may with approval of the city commission, divide an originally platted single lot once into no more than two(2) parcels or lots provided that each single parcel or lot shall in every respect meet the criteria of zoning and other relevant codes under which the property is zoned, and each parcel or lot shall meet the engineering require- ments set elsewhere in this chapter, and provided that a platted lot or parcel may not be divided if that lot or parcel has resulted from a previous division by the owner or previous owners. SUITE 1100 135 WEST CENTRAL BOULEVARO POST OFFICE BOX 640 ORLANDO, FLORIDA 32e02~0640 (305) 425-3939 FAX (305) 425-9913 SUITE 800 BARNETT BANK BUILDING 315 SOUTH CALHOUN STREET TALLAHASSEE. FLORIDA 32301 (904) 224-9634 TELEX 33-3627 F'AX (904) 222-0103 J"'MES A. MINIX JOSEPH R. PANZL MECTOR A. TICO PEREZ RICMARD L. ROGERS NANCY A. ROSSMAN ROBERT A. SAVILL GARY A. SHIPMAN DAVID N. SCWERBY ROBERT P. SUMMERS RICHARD R SWANN STEPHEN E. THOMPSON MARK S. WALKER JAMES G_ WILLARD MICHAEL J. WISDOM LETITIA E. WOOD ,JAMES E. ALDERMAN SILVIA MORELL ALOERMAN RANO"'L M. "'LLIGOOD LINO... J. BARNBY FREOERICK L. B"'TEM"'N.JR. EDMUND T. BAX....JR. DANIEL O. BRAOLEY ,JEANELLE G. BRONSON ANDREW M. BRUMBY PAUL F. BRYAN ..JAMES A. eURT OWIGHT I. COOL MARGUERITE H. DAVIS R08ERT H. DELLECKER MARTIN R. DIX GARRISON M. DUNDAS JAMES E. E....TON CHARLES R_ GEORGE m JAMES ..... aUSTlNO EOWARD E. HADDOCK. JR. MITCHELL B. H....IGLER ..JANE C. HAYMAN ALLAN .). KATZ CHRISTOPHER K. KAY FRANK C.KRUPPENBACHER EDWARO L. KUTTER THOM....S F. LANG PETER G. LATHAM RICHARD p. LEE ROBERT R. MAKEMSON ,-Jwanm/~ :Y~~ ~~wn/ ~, '~r~iJ~4~ 200 SEMINOLE STREET POST OFF'lCE BOX 538 STUART, F'LORIDA 33495 (305) 287- 8822 SOUTHEAST BANK BUILDING 300 SOUTH 6TH STREET FT. PIERCE., FLORIDA 33450 (305) 466-9119 OF COUNSEL EDWARD S. .,JAFFRY DAVI DC. LATHAM PATRICK F. MARONEY SPECIAL CONSULTANTS RONALD A. FRIED WILLIAM D. RUBIN REPLY TO ORLANDO NO" MEMBERS OF" THE I'"..OI'<+OA BAR PERVIE P. SWANN (le9S-tge.) March 23, 1987 Mayor Torcaso and City Commissioners City of Winter Springs Winter Springs, Florida RE: Mrs. Backus - Request to Split Lot Dear Mayor and Commissioners: Mrs. Backus has requested approval from the City Council in order to split her five acre lot into two lots. Your City Code at Section 14-3.1 provides as follows: An owner of a single lot of sufficient size, except in a pl~tted area of a planned unit development, may, with prior approval of the City Council, divide an origin- ally platted single lot once into no more than two (2) parcels or lots provided that each parcel or lot shall in every respect meet the cr iter ia established else- where in this Code for the category of zoning and other relevant codes under which the property is zoned and each parcel or lot shall meet the engineering require- ments set out elsewhere in this chapter. In such instance, and only with the strict application of this section, may the full provisions of this chapter be waived and variances granted thereto. No building permit shall be issued for the erection of any building on a previously platted lot which is divided contrary to this section. dHmn?l/~~ Mayor Torcaso & City Commissioners March 23, 1987 Page 2 The Homeowners Association and the Commissioners, in grant- ing Mrs. Backus request to divide platted property, desire that it be made clear that the lot may never be spl i t again. The plain language of the Code provision requires this. According to the Code, any lot to be split must be an origi- nally platted single lot. The two parcels that will result from Mrs. Backus' splitting her lot will not be originally platted single lots. Therefore, the current owners and future owners of those split lots may not divide them. In addition, the Code provIsIon requires that an originally platted single lot be divided only once and into no more than two parcels. Therefore, the original owner, Mrs. Backus, may not split her original lot again. Nor may she split her lot into more than two parcels. If you have any questions, do not hesitate to contact me. FCK:wpc C237LJBL07-L2 The Orlando Sentinel Publiahecl Daily A1tamonte Springa, Seminole County, Florida ADVERTISING CHARGE $31.84 ~~:~~ O~~R~~~riha } SS. Sales Tax Total 1.59 $33.43 Before the undersigned authority personally appeared Nancy A. Puglia , who on oath says that of Jul 7th day NOTICE OF PUBLIC HEARING . CITY OF WINTER SPRINGS, FLORIDA NOTICE IS HEREBY GIVEN by the City Commission 01 the City 01 Winter Springs, flanda. ~at seidCommission will hold a Public Hearing on an ordi- nance entitled as follows: ORDINANCE NO. 387 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, AMENDING SECTION 14-3.1, ENTITLED "DI- VIDING PLATTED PROPERTY", OF THE WINTER SPRINGS CITY CODE f>ROVIOlNG FOR A LIMI- TATION ON THE DIVIDING OF PLATTED PROPERTY; PROVID- ING SEVERABILITIES, CON- FL1CTS AND AN EFFECTIVE DATE. This Public Hearing will be held at 7:30 p.m. on July 27, 1987, or as soon thereafter as possible in the Commis- sion Chamber, City Hall, 1126 East S.R. 434, Winter Springs, FI. 32708. CopIes ollh8 proposed ordinance are I available in 1he office 01 the City Clerk ! lor inspection. Interested parties may appear at this h_ing and be haard with respect to this proposed . . ordinance. Persons are ac:Ivised that if they de- cide to appeal any deCision mac:Ie at this mealing, they will need a r&e<Ord 01 the proceedings and for such pur- pose, they may need to ensure that a verbatim record of the proceedings is mac:Je which record includes the lesti- morry and evidence upon which the appeal is to be based per Section 286.Q1 05 Florida St81utes. Dated this 24 day of June, 1987 CITY OF WINTER SPRINGS, FLORIDA IslMary T. Nor1on Mary T. Nor1on, City Clerk L5-952(6s) JU1.5,1987 she is the Legal Advertising Representative of the Orlando Sentinel, a Daily newspaper published at Altamonte Springs, in Seminole County, Florida; that the attached copy of ad- vertisement, being a Not ice of Puh 1 ic Hearing in the matter of Ordinance No. 387 in the Court, was published in said newspaper in the issues of J1]ly 57 ] 987 Mfiant further says that the said Orlando Sentinel is a newspaper published at Altamonte Springs, in Seminole County, Florida, and that the said newspaper has heretofore been contin- uously published in said Seminole County, Florida, each Week Day and has been entered as second-class mail matter at the post office in Altamonte Springs, in said Seminole County, Florida for a period of one year next preceding the first publication of the attached copy of ad- vertisement; and affiant further says that he/she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. (HctM"1 ,A R~ ~ Expires Bonded Thru Brown ..~ FORM NO. AD-264