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Land Use Hearing Officer

July 29, 2024 ·9:00 AM Final

County Center, 2nd Floor

Agenda PDF Official record ↗

Agenda — 33 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 July 29, 2024
  4. 4 The following dates pertain only to applications heard at the July 29, 2024 hearing. The Hearing Officer shall file a Recommendation or Final Decision for each application on August 19, 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: VAR 24-0575 Applicant: Veterans Construction LLC Location: 13210 Elm St Folio Number: 000396.9000 Acreage (+/-): 1.08 acres, more or less Comprehensive Plan: R-1 Service Area: Rural Existing Zoning: ASC-1 Request: Requesting a Variance to Lot Development Standards. VAR 24-0575 Continued
  11. A.2. 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
  12. A.3. SU-PRF 24-0716 Todd Pressman This application has been WITHDRAWN from the process. SU-PRF 24-0716 Withdrawn
  13. A.4. Application Number: VAR 24-0852 Applicant: Abdulrahman Al-Eryani Location: 13618 N 22nd St Folio Number: 035651.0000 Acreage (+/-): 0.43 acres, more or less Comprehensive Plan: R-20 Service Area: Urban Existing Zoning: UCA-MS Request: Requesting a Variance to University Community Area Development Regulations and Variance to Parking and Loading Standards. VAR 24-0852 Continued
  14. B. VESTED RIGHTS
  15. C. FEE WAIVER
  16. C.1. FW 24-0776 Jerry Hoffman LUHO Exception for Fee Waiver. FW 24-0776 Heard
  17. D. REMANDS
  18. E. RECONSIDERATION REQUESTS
  19. F. SITE DEVELOPMENT VARIANCE REQUESTS
  20. F.1. Application Number: VAR-WS 24-0889 Applicant: Daniel C. Peters Location: 7709 Windward Way Folio Number: 000160.1038 Acreage (+/-): 1.1 acres, more or less Comprehensive Plan: R-1 Service Area: Rural Existing Zoning: ASC-1 Request: Requesting a Variance to Encroach into the Wetland Setback. VAR-WS 24-0889 Heard
  21. G. SIGN VARIANCE REQUESTS
  22. G.1. Application Number: VAR 24-0860 Applicant: John F Hose/i2 Visual Location: 4811 Ehrlich Rd Folio Number: 016297.0100 Acreage (+/-): 10.51 acres, more or less Comprehensive Plan: R-4 Service Area: Urban Existing Zoning: PD (96-0120) Request: Requesting a Variance to Sign Requirements. VAR 24-0860 Heard
  23. H. VARIANCE (VAR) REQUESTS
  24. H.1. Application Number: VAR 24-0703 Applicant: Thaddeus P. Bowen Location: 800 Ft West of Carr Rd and Raiden Ln Intersection, SW side of street Folio Number: 076734.0000 Acreage (+/-): 6.01 acres, more or less Comprehensive Plan: R-4 Service Area: Urban Existing Zoning: AR Request: Requesting a Variance to Lot Development Standards. VAR 24-0703 Heard
  25. H.2. Application Number: VAR 24-0802 Applicant: Glenn Ottley Location: 10211 Tanner Rd Folio Number: 065114.0000 Acreage (+/-): 0.6 acres, more or less Comprehensive Plan: UMU-20 Service Area: Urban Existing Zoning: AR Request: Requesting a Variance to Lot Development Standards. VAR 24-0802 Heard
  26. H.3. Application Number: VAR 24-0891 Applicant: Clifford H. Laubstein Location: 700 Ft NW of Wood Lake Blvd and Smallbrook Pl Intersection Folio Number: 00439.5100 Acreage (+/-): 0.31 acres, more or less Comprehensive Plan: R-12 Service Area: Urban Existing Zoning: PD (81-0229) Request: Requesting a Variance to Subdivision Standards and Guidelines And Variance to Site Development Plan Design Standards. VAR 24-0891 Heard
  27. H.4. Application Number: VAR 24-0911 Applicant: Chad Langford Location: 2834 Mystic Oaks Dr Folio Number: 089918.0114 Acreage (+/-): 1.63 acres, more or less Comprehensive Plan: R-1 Service Area: Rural Existing Zoning: ASC-1 Request: Requesting a Variance to Lot Development Standards and Variance To Accessory Structure Requirements. VAR 24-0911 Heard
  28. I. SPECIAL USES
  29. I.1. Application Number: SU-SCH 24-0622 Applicant: Sisters of Jesus the High Priest Corporation Location: 5231 579 Hwy Folio Number: 064305.0000 Acreage (+/-): 3.13 acres, more or less Comprehensive Plan: R-4 Service Area: Urban Existing Zoning: RSC-4 Request: Requesting Special Use for School. SU-SCH 24-0622 Heard
  30. I.2. Application Number: SU-AB 24-0790 Applicant: Boulevard Supper Club LLC Location: 15260 Fishhawk Blvd Folio Number: 088078.0050 Acreage (+/-): 0.1 acres, more or less Comprehensive Plan: RP-2 Service Area: Urban Existing Zoning: PD (89-0098) Request: Requesting a Special Use 4-COP Alcoholic Beverage Permit with Separation Waiver(s) SU-AB 24-0790 Heard
  31. I.3. Application Number: SU-AB 24-0888 Applicant: Sumukh One Investment LLC Location: 7201 Turkey Creek Rd Folio Number: 086957.0000 Acreage (+/-): 0.05 acres, more or less Comprehensive Plan: R-1 Service Area: Rural Existing Zoning: CG Request: Requesting a Special Use 2-APS Alcoholic Beverage Permit with Separation waiver(s). SU-AB 24-0888 Heard
  32. I.4. Application Number: SU-AB 24-0894 Applicant: Amado Camilo Location: 3710 W. Waters Ave Folio Number: 025923.5500 Acreage (+/-): 0.2 acres, more or less Comprehensive Plan: OC-20 Service Area: Urban Existing Zoning: CG Request: Requesting A Special Use 4-COP-RX Alcoholic Beverage Permit with Separation Waiver(s). SU-AB 24-0894 Heard
  33. J. APPEAL (APP) REQUESTS