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Land Use Hearing Officer

September 23, 2024 ·9:00 AM Final

County Center, 2nd Floor

Agenda PDF Official record ↗

Agenda — 30 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 September 23, 2024
  4. 4 The following dates pertain only to applications heard at the September 23, 2024 hearing. The Hearing Officer shall file a Recommendation or Final Decision for each application on October 14, 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 Continued
  11. A.2. SU-CFW 24-0828 APC Towers IV, LLC This application has been WITHDRAWN by the APPLICANT. SU-CFW 24-0828 Continued
  12. A.3. 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 Continued
  13. A.4. 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
  14. A.5. VAR 24-1042 Yoney Estupinan and Malena M Garcia Valido This application has been WITHDRAWN by the ZONING ADMINISTRATOR. VAR 24-1042 Withdrawn
  15. A.6. 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 Continued
  16. A.7. VAR 24-1061 Circle Z Farm LLC/Catrece Zummo Palm & Bob Palm This application has been WITHDRAWN by the APPLICANT. VAR 24-1061 Withdrawn
  17. A.8. 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 Continued
  18. B. VESTED RIGHTS
  19. C. FEE WAIVER
  20. D. REMANDS
  21. E. RECONSIDERATION REQUESTS
  22. F. SITE DEVELOPMENT VARIANCE REQUESTS
  23. G. SIGN VARIANCE REQUESTS
  24. H. VARIANCE (VAR) REQUESTS
  25. H.1. Application Number: VAR 24-1029 Applicant: Yosvany Ruiz Capote Location: 2918 W. Fern St Folio Number: 030706.0000 Acreage (+/-): 0.38 acres, more or less Comprehensive Plan: R-6 Service Area: Urban Existing Zoning: RSC-6 Request: Requesting a Variance to Accessory Dwelling Requirements. VAR 24-1029 Heard
  26. H.2. Application Number: VAR 24-1048 Applicant: Justin Marx Location: 19013 & 19015 N 41 Highway Folio Number: 013859.0000, 01386.0000 Acreage (+/-): 0.37 acres, more or less Comprehensive Plan: R-6 Service Area: Rural Existing Zoning: CG, CG (R) Request: Requesting Variances to Landscape Buffer Requirements, Lutz Rural Area Development Standards, Lot Development Standards, Natural Resources, Trees and other Vegetation And to Dumpster and Recycling Collection Space. VAR 24-1048 Heard
  27. H.3. Application Number: VAR 24-1105 Applicant: Joslyn Beacon Location: 7715 Deleuil Ave Folio Number: 040248.0000 Acreage (+/-): 0.16 acres, more or less Comprehensive Plan: CMU-12 Service Area: Urban Existing Zoning: RSC-6 Request: Requesting a Variance to Lot Development Standards, Variance to Fence Requirements and Variance to Accessory Dwelling Requirements. VAR 24-1105 Heard
  28. H.4. Application Number: VAR 24-1107 Applicant: Scott D and Anissa A Johnson Location: 1010 Peachwood Dr Folio Number: 067284.3466 Acreage (+/-): 0.16 acres, more or less Comprehensive Plan: R-6 Service Area: Urban Existing Zoning: PD (85-0150) Request: Requesting a Variance to Lot Development Standards. VAR 24-1107 Heard
  29. I. SPECIAL USES
  30. J. APPEAL (APP) REQUESTS