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Land Use Hearing Officer

October 21, 2024 ·9:00 AM Final

County Center, 2nd Floor

Agenda PDF Official record ↗

Agenda — 36 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 October 21, 2024
  4. 4 The following dates pertain only to applications heard at the October 21, 2024 hearing. The Hearing Officer shall file a Recommendation or Final Decision for each application on November 12, 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-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 Continued
  11. A.2. 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 Continued
  12. A.3. VAR 24-1128 ROLANDO SANTIAGO This application is being Withdrawn by the Zoning Administrator in accordance with LDC Sec 10.03.02.C.2 VAR 24-1128 Continued
  13. A.4. 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 Continued
  14. A.5. 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 Continued
  15. A.6. 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 Continued
  16. A.7. 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 Continued
  17. B. VESTED RIGHTS
  18. C. FEE WAIVER
  19. D. REMANDS
  20. E. RECONSIDERATION REQUESTS
  21. F. SITE DEVELOPMENT VARIANCE REQUESTS
  22. G. SIGN VARIANCE REQUESTS
  23. H. VARIANCE (VAR) REQUESTS
  24. H.1. Application Number: VAR 24-0989 Applicant: Martha Hernandez Location: 470 Ft West of Palmetto Rd and Surona Rd Intersection. S side of Surona Rd Folio Number: 058393.0000, 058392.0000 Acreage (+/-): 2.4 acres, more or less Comprehensive Plan: R-1 Service Area: Rural Existing Zoning: AS-1 Request: Requesting a Variance to Lot Development Standards. VAR 24-0989 Heard
  25. H.2. Application Number: VAR 24-1160 Applicant: Victor Fernandez Location: 7761 Amherts St Folio Number: 003255.0125 Acreage (+/-): 0.13 acres, more or less Comprehensive Plan: CPV Service Area: Urban Existing Zoning: CPV-I-1, 04-0315 Request: Requesting a Variance to Citrus Park Village Development Standards. Standards. VAR 24-1160 Heard
  26. H.3. Application Number: VAR 24-1165 Applicant: Gomez Towers LLC Location: 7101 S 32nd Ave Folio Number: 047240.0000 Acreage (+/-): 0.6 acres, more or less Comprehensive Plan: R-6 Service Area: Urban Existing Zoning: ASC-1 Request: Requesting a Variance to Fence Requirements. VAR 24-1165 Heard
  27. H.4. Application Number: VAR 24-1168 Applicant: Samuel Gonzalez Location: 710 Crenshaw Lake Rd Folio Number: 015214.0000 Acreage (+/-): 0.66 acres, more or less Comprehensive Plan: R-1 Service Area: Rural Existing Zoning: ASC-1 Request: Requesting a Variance to Fence Requirements. VAR 24-1168 Heard
  28. H.5. Application Number: VAR 24-1190 Applicant: Giselle Borrego & Erick Lopez Location: 2123 Kennen Dr Folio Number: 086715.0266 Acreage (+/-): 0.32 acres, more or less Comprehensive Plan: R-4 Service Area: Urban Existing Zoning: RSC-4, 83-0154 Request: Requesting a Variance to Accessory Dwelling Requirements and Variance to Fence Requirements. Variance to Fence Requirements. VAR 24-1190 Heard
  29. H.6. Application Number: VAR 24-1229 Applicant: Fourth Property LLC Location: 13647 N. Florida Ave Folio Number: 018193.0000 Acreage (+/-): 1.1 acres, more or less Comprehensive Plan: OC-20 Service Area: Urban Existing Zoning: CG Request: Requesting a Variance to Lot Development Standards. VAR 24-1229 Heard
  30. H.7. Application Number: VAR 24-1232 Applicant: Jason Kendall Location: 575 Ft South of Country Gate Ct and Little Rd Intersection, and 350 Ft E side of Little Rd Folio Number: 087148.0000 Acreage (+/-): 1.17 acres, more or less Comprehensive Plan: R-4 Service Area: Urban Existing Zoning: ASC-1 Request: Requesting a Variance to Lot Development Standards. VAR 24-1232 Heard
  31. H.8. Application Number: VAR 24-1236 Applicant: RU Project Management Group Location: 5111 Nashville Dr Folio Number: 016252.8204 Acreage (+/-): 0.19 acres, more or less Comprehensive Plan: R-4 Service Area: Urban Existing Zoning: RSC-6 Request: Requesting a Variance to Lot Development Standards, Variance to Permitted Projections Into Required Yards and Variance to Fence Requirements. Requirements. VAR 24-1236 Heard
  32. I. SPECIAL USES
  33. I.1. Application Number: SU-AB 24-1049 Applicant: Tiki Docks Tampa LLC Location: 10704 Palmetto St Folio Number: 075721.0000 Acreage (+/-): 4.64 acres, more or less Comprehensive Plan: R-9 Service Area: Urban Existing Zoning: RDD-RW Request: Requesting a Special Use 4-COP-RX Alcoholic Beverage Permit with Separation Waiver(s). Permit with Separation Waiver(s) SU-AB 24-1049 Heard
  34. I.2. Application Number: SU-AB 24-1123 Applicant: Morgan Parsons Center LLLP Location: 128 N. Parsons St Folio Number: 068818.0000 Acreage (+/-): 1.4 acres, more or less Comprehensive Plan: OC-20 Service Area: Urban Existing Zoning: CG Request: Requesting a Special Use 2-COP-RX Alcoholic Beverage Permit with Separation Waiver(s). SU-AB 24-1123 Heard
  35. I.3. Application Number: SU-AB 24-1249 Applicant: MD Brandon, LLC Location: 600 Ft E of Providence Rd & W Lumsden Rd Intersection & 200 Ft South side of W Lumsden Rd Folio Number: Portion of 072309.5500 Acreage (+/-): 0.09 acres, more or less Comprehensive Plan: R-6 Service Area: Urban Existing Zoning: PD (80-0261) Request: Requesting a Special Use 2-COP Alcoholic Beverage Permit with Separation Waiver(s). Separation Waiver(s). SU-AB 24-1249 Heard
  36. J. APPEAL (APP) REQUESTS