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Land Use Hearing Officer

June 24, 2024 ·9:00 AM Final

County Center, 2nd Floor

Agenda PDF Official record ↗

Agenda — 39 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 June 24 ,2024
  4. 4 The following dates pertain only to applications heard at the June 24, 2024 hearing. The Hearing Officer shall file a Recommendation or Final Decision for each application on July 16, 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-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 Continued
  12. A.3. 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
  13. A.4. 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 Continued
  14. A.5. FW 24-0776 Jerry Hoffman LUHO Exception for Fee Waiver. FW 24-0776 Continued
  15. B. VESTED RIGHTS
  16. C. FEE WAIVER
  17. C.1. FW 24-0684 John Keener LUHO Exception for Fee Waiver. FW 24-0684 Heard
  18. D. REMANDS
  19. E. RECONSIDERATION REQUESTS
  20. F. SITE DEVELOPMENT VARIANCE REQUESTS
  21. G. SIGN VARIANCE REQUESTS
  22. H. VARIANCE (VAR) REQUESTS
  23. H.1. Application Number: VAR 24-0528 Applicant: Mario Caro Location: 7326 Swindon Rd Folio Number: 010032.0000 Acreage (+/-): 0.14 acres, more or less Comprehensive Plan: R-6 Service Area: Urban Existing Zoning: RSC-9 Request: Requesting a Variance to Lot Development Standards, Accessory Dwelling Requirements and Accessory Structure Requirements. VAR 24-0528 Heard
  24. H.2. Application Number: VAR 24-0611 Applicant: Mark Bentley Location: 16901 Boy Scout Rd Folio Number: 001750.0000, 002588.0100 & 002560.0200 Acreage (+/-): 80.53 acres, more or less Comprehensive Plan: AR, R-1 Service Area: Rural Existing Zoning: ASC-1, AR Request: Requesting Variance to Keystone-Odessa Rural Development Standards. VAR 24-0611 Heard
  25. H.3. Application Number: VAR 24-0619 Applicant: John Cook -JTC Consulting Services LLC Location: 7335 Dormany Loop Folio Number: 080318.0000 Acreage (+/-): 5.01 acres, more or less Comprehensive Plan: AE Service Area: Rural Existing Zoning: AS-0.4 Request: Requesting a Variance to Lot Development Standards and Variance To Accessory Structure Requirements. VAR 24-0619 Heard
  26. H.4. Application Number: VAR 24-0642 Applicant: Todd Pressman Location: 10014 Simmons Ranch Ct. Folio Number: 077771.9106 Acreage (+/-): 1.81 acres, more or less Comprehensive Plan: SMU-6 Service Area: Urban Existing Zoning: AS-1 Request: Requesting a Variance to Sidewalk Requirements. VAR 24-0642 Heard
  27. H.5. Application Number: VAR 24-0650 Applicant: Neighborhood Pest Control Lawn and Shrub Care, Inc. Location: 16210 N. Florida Ave. Folio Number: 015670.0000 Acreage (+/-): 0.44 acres, more or less Comprehensive Plan: R-4 Service Area: Urban Existing Zoning: CG Request: Requesting Variance to Freestanding Flagpole Standards. VAR 24-0650 Heard
  28. H.6. Application Number: VAR 24-0658 Applicant: Cynthya Santamaria Angeles Location: 4102 Stonewood Dr Folio Number: 074610.0000 Acreage (+/-): 0.14 acres, more or less Comprehensive Plan: R-4 Service Area: Urban Existing Zoning: RSC-6 Request: Requesting a Variance to Lot Development Standards. VAR 24-0658 Heard
  29. H.7. Application Number: VAR 24-0682 Applicant: Keener Architecture Location: 7720 North Mobley Rd Folio Number: 002183.0625 Acreage (+/-): 7.71 acres, more or less Comprehensive Plan: R-1 Service Area: Rural Existing Zoning: ASC-1 Request: Requesting a Variance to Accessory Structure Requirements and Variance to Fence and Wall Requirements. VAR 24-0682 Heard
  30. H.8. Application Number: VAR 24-0692 Applicant: Todd Pressman Location: 460 Ft North of Alamar St and Amelia Cir Intersection, West side of street Folio Number: 012813.0040 Acreage (+/-): 0.78 acres, more or less Comprehensive Plan: R-4 Service Area: Urban Existing Zoning: RSC-6 Request: Requesting a Variance to Lot Development Standards and Variance to Flag Lot Requirements. VAR 24-0692 Heard
  31. H.9. Application Number: VAR 24-0698 Applicant: Rafael and Meilie Oliva Location: 6769 Ralston Beach Cir Folio Number: 031249.0000 Acreage (+/-): 0.23 acres, more or less Comprehensive Plan: R-6 Service Area: Urban Existing Zoning: RSC-6 Request: Requesting a Variance to Lot Development Standards and Variance To Accessory Structure Requirements. VAR 24-0698 Heard
  32. H.10. Application Number: VAR 24-0739 Applicant: Alberto Portela Jr. Location: 13628 Diamond Head Dr Folio Number: 019000.6006 Acreage (+/-): 0.34 acres, more or less Comprehensive Plan: R-4 Service Area: Urban Existing Zoning: PD (74-0004) Request: Requesting a Variance to Lot Development Standards. VAR 24-0739 Heard
  33. H.11. Application Number: VAR 24-0740 Applicant: Leslie Van Trump Location: 7901 Spring Vallley Dr Folio Number: 004824.0000 Acreage (+/-): 0.61 acres, more or less Comprehensive Plan: R-2 Service Area: Urban Existing Zoning: RSC-3 Request: Requesting a Variance to Accessory Dwelling Requirements and To Lot Development Standards. VAR 24-0740 Heard
  34. H.12. Application Number: VAR 24-0741 Applicant: Samantha leigh Houle Location: 3317 Clyde Roach Pl Folio Number: 087338.0000 Acreage (+/-): 1.44, acres, more or less Comprehensive Plan: R-4 Service Area: Urban Existing Zoning: ASC-1 Request: Requesting a Variance to Fence Requirements. VAR 24-0741 Heard
  35. I. SPECIAL USES
  36. I.1. Application Number: SU-SCH 24-0306 Applicant: Cambridge Christian School, Inc. Location: 6101 N. Habana Ave Folio Number: 030558.0000 Acreage (+/-): 13.44 acres, more or less Comprehensive Plan: R-6 Service Area: Urban Existing Zoning: RSC-6 Request: Requesting a Special Use for a school. SU-SCH 24-0306 Heard
  37. I.2. Application Number: SU-SCH 24-0484 Applicant: Charter School Associates Location: 13221 Boyette Rd Folio Number: 076788.0000 Acreage (+/-): 10.2 acres, more or less Comprehensive Plan: R-4 Service Area: Urban Existing Zoning: AR Request: Requesting Special Use for a School and Variance to Lot Development Standards. SU-SCH 24-0484 Heard
  38. I.3. Application Number: SU-AB 24-0746 Applicant: Fords Garage Riverview/c/o Keith Long Location: Southwest Corner of Alder Green Dr and S US Highway 301 Intersection Folio Number: 077771.9439 Acreage (+/-): 0.194 acres, more or less Comprehensive Plan: SMU-6 Service Area: Urban Existing Zoning: PD (04-1476) Request: Requesting a Special Use 4-COP-RX Alcoholic Beverage Permit with Separation Waiver(s). SU-AB 24-0746 Heard
  39. J. APPEAL (APP) REQUESTS