HomeMy WebLinkAboutResolution 2025-13 Division of Platted Lot into Two Parcels (340 Shore Road - Atcher's Place Subdivision) Recorded w/ Decision letterGrant Maloy, Clerk Of The Circuit Court & Comptroller Seminole County, FL
Inst #2026022360 Book:10995 Page:84-92; (9 PAGES) RCD: 3/9/2026 11:10:48 AM
REC FEE $78.00
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
City of Winter Springs
Resolution No. 2025-13
Page 1 of 8
Book 10995 Page 85
Instrument# 2026022360
WHEREAS, the Owners propose to divide the existing Lot 2 of the Atelier'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 Atelier'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
City of Winter Springs
Resolution No. 2025-13
Page 2 of 8
Book 10995 Page 86
Instrument# 2026022360
2. Owners shall, prior to recordation of this Resolution, provide the City with a
written, executed, Partial Release of Mortgage, in the form substantially
provided by the Owners in their lot split application, in order to release that
certain mortgage as recorded at Seminole County Official Records Book 9691,
Pages 1-16, as to Lot 2B. The Partial Release of Mortgage 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-t1(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 8th
day of September , 2025.
ATTEST (City Seal):
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Kevin McCann, Mayor
City of Winter Springs
Resolution No. 2025-13
Page 3 of 8
Book 10995 Page 87
Instrument# 2026022360
F f
Christian Gowan, City Clerk
Approved as to legal form and sufficiency for
the City o ',Winter Springs only:
ANTHONY A. GARGANESE, City Attorney
City of Winter Springs
Resolution No. 2025-13
Page 4 of 8
Book 10995 Page 88
Instrument# 2026022360
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.
City of Winter Springs
Resolution No. 2025-13
Page 5 of 8
Book 10995 Page 89
Instrument# 2026022360
EXHIBIT B
DEPCTION AND LEGAL DESCRIPTION OF RESULTING LOTS
LOT 2A - DESCRIPTION
A PORTION OF LOT 2, ATCHERS PLACE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN
PLAT BOOK 68, PAGE 27, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS,
BEGIN AT THE SOUTHEAST CORNER OF SAID LOT 2; THENCE, ALONG THE NORTH RIGHT—OF—WAY
LINE OF BAHAMA ROAD, S89`54'51 "W, A DISTANCE OF 174.65 FEET TO A POINT ON THE WEST
LINE OF SAID LOT 2; THENCE, DEPARTING SAID NORTH RIGHT—OF—WAY LINE, N00'57'17"W, A
DISTANCE OF 223.16 FEET; THENCE, N89'02'13"E, A DISTANCE OF 174.63 FEET TO A POINT ON
THE WEST RIGHT—OF—WAY LINE OF SHORE ROAD; THENCE, ALONG SAID WEST RIGHT—OF—WAY LINE,
SOO'57'17"E, A DISTANCE OF 225.82 FEET TO THE POINT OF BEGINNING.
SAID LANDS CONTAINING APPROXIMATELY 39,203 SQUARE FEET, MORE OR LESS.
City of Winter Springs
Resolution No. 2025-13
Page 6 of 8
Book 10995 Page 90
Instrument# 2026022360
LOT 2A - DEPICTION
SKETCH OF DESCRIPTION
(THIS 15 NOT A SURVEY)
LOT I
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City of Winter Springs
Resolution No. 2025-13
Page 7 of 8
Book 10995 Page 91
Instrument# 2026022360
LOT 2B - DESCRIPTION
A PORTION OF LOT 2, ATCHERS PLACE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN
PLAT BOOK 68, PAGE 27, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF SAID LOT 2; THENCE, ALONG THE WEST
RIGHT—OF—WAY LINE OF SHORE ROAD, N00'57'17"W, A DISTANCE OF 225.82 FEET TO THE POINT
OF BEGINNING; THENCE, DEPARTING SAID WEST RIGHT—OF—WAY LINE, S89'02'13"W, A DISTANCE OF
174.63 FEET TO A POINT ON THE WEST LINE OF SAID LOT 2; THENCE, ALONG SAID WEST LOT
LINE, N0957'17"W, A DISTANCE OF 274.46 FEET TO A POINT ON THE NORTH LINE OF SAID LOT
2; THENCE, N89'04'45"E, A DISTANCE OF 174.63 FEET TO A POINT ON SAID WEST RIGHT—OF—WAY
LINE; THENCE, ALONG SAID WEST RIGHT—OF—WAY LINE, S00'57'17"E, A DISTANCE OF 274.34 FEET
TO THE POINT OF BEGINNING,
SAID LANDS CONTAINING APPROXIMATELY 47,918 SQUARE FEET, MORE OR LESS.
City of Winter Springs
Resolution No. 2025-13
Page 8 of 8
Book 10995 Page 92
Instrument# 2026022360
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SKETCH OF DESCRIPTION
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City of Winter Springs
Resolution No. 2025-13
Page 9 of
9/9/2025
Attn: TimothyX. Toohey
340 Shore Road
Winter Springs, FL 32708
To Whom It May Concern:
CITY OF WINTER SPRINGS
COMMUNITY DEVELOPMENT DEPARTMENT
1126 Fast State Road 434
Winter Springs, Florida 32708
custoinerservice2winterspringsfl.org
Clerk Filing Date: 9/9/2025
Mailed Date: 9/9/2025
SEP 0 3 7015
Decision Letter CITY OF WINTER SPRINGS
OFFICE OF THE CITY CLERK
Project: Address: 340 Shore Road, Winter Springs, FL 32708
Parcel Number(s): 02-21-30-511-0000-0020
Case Type(s): Lot Split
Case Number(s): LSPL-2025-0003
Status: Governing Body: City Commission
❑ Approved ❑ Denied *
City Commission Consent Date: 9/8/2025
® Approved with Conditions
For the reasons provided in the staff report including findings of fact or conclusions of law provided by
staff:
LSPL-2025-0003 -- The lot split application is approved.
On September 8, 2025, the City Commission voted to approve the Resolution 2025-13 for the property
located at 340 Shore Road, Winter Springs, FL 32708.
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
CITY OF WINTER SPRINGS
COMMUNITY DEVELOPMENT DEPARTMENT
1126 East State Road 434
Winter Springs, Florida 32708
customerservice&wintersprin sg fl.org
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.
Je le Garne , MPA, MURP
Senior Planner
Community Development Department