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Land Use Hearing Officer

November 20, 2024 ·9:00 AM Final

County Center, 2nd Floor

Agenda PDF Official record ↗

Agenda — 37 items

  1. 1 WELCOME AND THANK YOU FOR YOUR PARTICIPATION IN COUNTY GOVERNMENT. HEARING SCHEDULE: The LUHO Hearing will Starts at 9:00 A.M., The Following Items on the Morning Agenda Will Be Heard Beginning at 9:00 A.M. With No New Petitions Starting After 5:00 P.M.: Special Uses (SU), Vested Rights (VR), Fee Waivers (FW), Reconsideration Requests, Appeals, Variances (VAR). HEARING ORDER: • CALL TO ORDER BY THE HEARING OFFICER • CONSIDERATION OF CHANGES TO THE AGENDA • HEARING FOR INDIVIDUAL CASES WHEN ADDRESSING THE HEARING OFFICER, PLEASE STATE YOUR NAME AND ADDRESS INTO THE MICROPHONE. IF YOU WISH TO SUBMIT ADDITIONAL MATERIALS REGARDING YOUR APPLICATION TO THE HEARING OFFICER, PLEASE PROVIDE A MINIMUM OF FIVE (5) COPIES OF EACH ITEM. PLEASE BE ADVISED THAT MATERIALS SUBMITTED BECOME PART OF THE PERMANENT RECORD AND CANNOT BE RETURNED.
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  3. 3 LUHO Hearing Agenda For November 20, 2024
  4. 4 The following dates pertain only to applications heard at the November 20, 2024 hearing. The Hearing Officer shall file a Recommendation or Final Decision for each application on December 13, 2024. For Appeals of Administrative Decisions (APP), the decision of the Hearing Officer is final. For Variance (VAR) applications, the decision of the Hearing Officer may be appealed to the Land Use Appeals Board. An appeal of the Hearing Officer’s decision must be filed with the Hillsborough County Development Services Department no later than 30 calendar days from the final decision date. The participants at the LUHO public hearing shall consist of the Applicant, County Staff, County Agencies, Proponents, and Opponents, including the public and witnesses with relevant testimony. Each participant’s presentation shall be limited in time as described below; however, the LUHO may grant additional time provided that good cause is shown. The order of presentation for each petition is as follows: a. Applicant and witnesses; proposal: 15 minutes** b. Administrator, summary of the applicant, County Staff and department findings: 5 minutes** c. Planning Commission Staff; statement of compliance or non-compliance: 5 minutes d. Proponents; argument for the application: 15 minutes e. Opponents; argument against the application: 15 minutes f. Staff; amended recommendations, if any: 5 minutes g. Applicant; rebuttal and summation: 5 minutes **For Variance (VAR) applications, County Staff presents its findings before Applicant testimony. To the maximum extent practicable, the public hearing shall be informal. The LUHO’s decision or recommendation must be filed with the Clerk of the BOCC within fifteen (15) working days after the conclusion of the public hearing. Anyone wishing to receive a copy of the recommendation or decision by mail must supply the Clerk of the BOCC with his/her name, address, and a stamped, self-addressed envelope for that purpose. Please call 813-272-5600 for further information.
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  6. 6 STANDING TO APPEAL AND ADDITIONAL EVIDENCE FOR VARIANCE REQUESTS AND APPEALS OF ADMINISTRATIVE DECISIONS
  7. 7 The Land Use Hearing Officer Public Hearing for Variance Requests and Appeals of Administrative Decisions is the time for all interested citizens to present evidence and testimony. This evidence and testimony will be the only evidence subject to review by the appeal board if an appeal is filed. This means that, at the end of today’s Public Hearing, the record closes and no new evidence may be submitted as part of the record. Any decision of the Land Use Hearing Officer may be appealed to the Land Use Appeals Board, except Appeals of Administrative Decisions. The Appeals Board will only consider the Land Use Hearing Officer’s decision and the record of the public hearing in making a final decision on petitions. The hearing shall be limited to the record on appeal and shall consist of oral argument by the Administrator, the party appealing the decision, and any interveners, each of whom may be represented by legal counsel. The following shall have standing to appeal a decision of the Land Use Hearing Officer or to intervene in an appeal: 1. The Applicant 2. Any person or entity which appeared before the Land Use Hearing Officer, presented testimony or other evidence, and is adversely affected by the decision of the Land Use Hearing Officer. It is the County Attorney Office’s role to assure that no new evidence or testimony is allowed before the Appeals Board or the Land Use Hearing Officer. The County Attorney will recommend that the Appeals Board or the Land Use Hearing Officer disregard evidence or testimony which is not contained in the record. Any evidence presented which is outside the record made at today’s public hearing could jeopardize the legality of the Appeals Board’s decision and the presenter of that evidence could hurt his/her own cause. The requirements and limitations listed above shall apply to all appeals of Administrative Decisions being reviewed by the Land Use Hearing Officer during today’s hearing. The safest course of action is for you to write down your comments today and repeat those to the Appeals Board. Therefore, please be sure that all information which you wish to be heard by the Appeals Board is contained in the record today.
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  9. A. LUHO WITHDRAWALS AND CONTINUANCES
  10. A.1. Application Number: SU-GEN 24-0625 Applicant: Harvest Time of Tampa Inc. Location: 1511 S 301 Hwy Folio Number: 044586.0000 Acreage (+/-): 1.93 acres, more or less Comprehensive Plan: CMU-12 Service Area: Urban Existing Zoning: PD (06-1136), CN, RSC-6, AR Request: Requesting a Special Use for Church, Child Care Center And School and Variance to Lot Development Standards. SU-GEN 24-0625
  11. A.2. SU-CFW 24-0828 APC Towers IV, LLC This application has been WITHDRAWN by the APPLICANT. SU-CFW 24-0828
  12. A.3. VAR 24-1360 Carolyn Allen This application has been WITHDRAWN by the APPLICANT. VAR 24-1360
  13. A.4. Application Number: VAR 25-0002 Applicant: Kendal Signs Location: 16446 N. Dale Mabry Hwy. Folio Number: 015909.0355 Acreage (+/-): 6.69 acres, more or less Comprehensive Plan: R-12, R-9 Service Area: Rural Existing Zoning: CG, 18-1179 (R) Request: Variance to Sign Requirements. VAR 25-0002
  14. B. VESTED RIGHTS
  15. C. FEE WAIVER
  16. D. REMANDS
  17. E. RECONSIDERATION REQUESTS
  18. F. SITE DEVELOPMENT VARIANCE REQUESTS
  19. F.1. Application Number: VAR-WS 24-1254 Applicant: Nelson Gomez Location: 2413 S. 47th St Folio Number: 046755.0000 Acreage (+/-): 0.19 acres, more or less Comprehensive Plan: R-9 Service Area: Rural Existing Zoning: RSC-9 Request: Requesting a Variance to Encroach into the Wetland Setback. VAR-WS 24-1254
  20. F.2. Application Number: VAR-WS 24-1361 Applicant: Woodberry Yard LLC & Mixonwoods LLC Location: Northeast Corner of N Falkenburg Rd and Woodberry Rd Folio Number: 067888.0000, 067888.0100, 067888.0600 Acreage (+/-): 7.45 acres, more or less Comprehensive Plan: UMU-20 Service Area: Urban Existing Zoning: M, 22-0690 Request: Requesting a Variance to Encroach into the Wetland Setback. VAR-WS 24-1361
  21. F.3. Application Number: VAR-WS 24-1362 Applicant: Patrice Gaeto Location: 17106 Downs Dr Folio Number: 002269.1070 Acreage (+/-): 3.76 acres, more or less Comprehensive Plan: R-1 Service Area: Rural Existing Zoning: PD (86-0132) Request: Requesting a Variance to Encroach into the Wetland Setback. VAR-WS 24-1362
  22. G. SIGN VARIANCE REQUESTS
  23. H. VARIANCE (VAR) REQUESTS
  24. H.1. Application Number: VAR 24-0995 Applicant: Cecilio Rivera Location: 1522 Sydney Dover Folio Number: 085349.0900 Acreage (+/-): 1.08 acres, more or less Comprehensive Plan: R-1 Service Area: Rural Existing Zoning: ASC-1, AS-1 Request: Requesting a Variance to Temporary Manufactured Home Facilities Requirements. VAR 24-0995
  25. H.2. Application Number: VAR 24-1157 Applicant: Todd Pressman Location: 618 Valle Vista Dr Folio Number: 074661.0000 Acreage (+/-): 0.43 acres, more or less Comprehensive Plan: R-4 Service Area: Urban Existing Zoning: RSC-3 Request: Requesting a Variance to Community Residential Home Distance Separation Requirements. VAR 24-1157
  26. H.3. Application Number: VAR 24-1192 Applicant: Jarrod J. Fisk Location: 8501 Lithia Pinecrest Rd Folio Number: 093635.0200 Acreage (+/-): 2.56 acres, more or less Comprehensive Plan: R-1 Service Area: Rural Existing Zoning: AS-1 Request: Requesting a Variance to Lots, Dimensional, Access and Related. VAR 24-1192
  27. H.4. Application Number: VAR 24-1200 Applicant: Omar Saleh Location: 15290 Morris Bridge Rd Folio Number: 059389.0050 Acreage (+/-): 1.05 acres, more or less Comprehensive Plan: R-1 Service Area: Rural Existing Zoning: AS-1 Request: Requesting a Variance to Sidewalk Requirement. VAR 24-1200
  28. H.5. Application Number: VAR 24-1233 Applicant: Donald Ray & Rachael Ann Polson Location: 2715 Mock Orange Ct Folio Number: 086422.8180 Acreage (+/-): 0.37 acres, more or less Comprehensive Plan: R-4 Service Area: Urban Existing Zoning: RSC-6 Request: Requesting a Variance to Lot Development Standards. VAR 24-1233
  29. H.6. Application Number: VAR 24-1285 Applicant: Todd Pressman Location: NE corner of Mullrennan Rd & Kings Commercial Ct Folio Number: 085740.3232 Acreage (+/-): 0.76 acres, more or less Comprehensive Plan: OC-20 Service Area: Urban Existing Zoning: PD (89-0080), SR 60 Request: Requesting a Variance to the Distance Requirements of an Eating Establishment’s order box for drive through Service Being closer than 200’ of any Residentially Zoned Property. VAR 24-1285
  30. H.7. Application Number: VAR 24-1300 Applicant: David Higuera Location: 12827 Big Sur Dr Folio Number: 019030.2600 Acreage (+/-): 0.15 acres, more or less Comprehensive Plan: R-6 Service Area: Urban Existing Zoning: PD (84-0336) Request: Requesting a Variance to Lot Development Standards. VAR 24-1300
  31. H.8. Application Number: VAR 24-1320 Applicant: Farid Miah and Jannett Miah Tripti Location: 9405 Joe Ebert Rd Folio Number: 061555.0100 Acreage (+/-): 0.9 acres, more or less Comprehensive Plan: R-4 Service Area: Urban Existing Zoning: AS-1 Request: Requesting a Variance to Lot Development Standards. VAR 24-1320
  32. H.9. Application Number: VAR 24-1343 Applicant: Alpesh Gandhi Location: 18106 Pine Hammock Blvd Folio Number: 014521.0322 Acreage (+/-): 0.23 acres, more or less Comprehensive Plan: CMU-12 Service Area: Urban Existing Zoning: PD (14-0126) SPI-NDM Request: Requesting a Variance to Fence Requirements. VAR 24-1343
  33. H.10. Application Number: VAR 24-1355 Applicant: Dale Piechowiak Location: 301 W. Trapnell Rd Folio Number: 092246.0100 Acreage (+/-): 1.74 acres, more or less Comprehensive Plan: R-1 Service Area: Rural Existing Zoning: AS-1 Request: Requesting a Variance to Fence/Wall Requirements. VAR 24-1355
  34. H.11. Application Number: VAR 24-1359 Applicant: RU Project Management Group/Ruth P Londono Location: 4501 W. Lambright St Folio Number: 028741.0000 Acreage (+/-): 0.14 acres, more or less Comprehensive Plan: R-9 Service Area: Urban Existing Zoning: RSC-9 Request: Variance to Lot Development Standards, Variance to Accessory Dwelling Requirements and Variance to Fence Requirements. Requirements. Requirements. VAR 24-1359
  35. I. SPECIAL USES
  36. I.1. Application Number: SU-CFW 24-0439 Applicant: Hillsborough County Location: 14081 Sydney Rd Folio Number: 085442.0000 Acreage (+/-): 587 acres, more or less Comprehensive Plan: P/QP Service Area: Urban Existing Zoning: AR Request: Requesting Special Use for a Wireless Communication Facility with Waivers from the Collocation Requirement and Camouflage Requirement. SU-CFW 24-0439
  37. J. APPEAL (APP) REQUESTS