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Land Use Hearing Officer

May 20, 2024 ·9:00 AM Final

County Center, 2nd Floor

Agenda PDF Official record ↗

Agenda — 38 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 May 20, 2024
  4. 4 The following dates pertain only to applications heard at the May 20, 2024 hearing. The Hearing Officer shall file a Recommendation or Final Decision for each application on June 11, 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-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 Continued
  11. A.2. 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
  12. A.3. 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 Continued
  13. A.4. 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 Continued
  14. A.5. 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
  15. A.6. 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 Continued
  16. A.7. FW 24-0684 John Keener LUHO Exception for Fee Waiver. FW 24-0684 Continued
  17. B. VESTED RIGHTS
  18. C. FEE WAIVER
  19. D. REMANDS
  20. E. RECONSIDERATION REQUESTS
  21. F. SITE DEVELOPMENT VARIANCE REQUESTS
  22. F.1. Application Number: VAR-WS 24-0427 Applicant: Jeff Larson/Larson Communities No 3 LLC Location: 12804 Starling Dr Folio Number: 002680.1002 Acreage (+/-): 0.36 acres, more or less Comprehensive Plan: R-2 Service Area: Urban Existing Zoning: ASC-1 Request: Requesting a Variance to Encroach into the Wetland Setback. VAR-WS 24-0427 Heard
  23. F.2. Application Number: VAR-WS 24-0428 Applicant: Jeff Larson/Larson Communities No 3 LLC Location: 12917,12919,12921 & 12923 Eagles Entry Dr Folio Number: 002680.1158,002680.1160,002680.1162,002680.1164,002677.0000 Acreage (+/-): 0.96 acres, more or less Comprehensive Plan: R-2 Service Area: Urban Existing Zoning: ASC-1 Request: Requesting a Variance to Encroach into the Wetland Setback. VAR-WS 24-0428 Heard
  24. F.3. Application Number: VAR-WS 24-0609 Applicant: Jason Kendall Location: 12514 Lake Hills Dr Folio Number: 076828.6082 Acreage (+/-): 0.98 acres, more or less Comprehensive Plan: R-4 Service Area: Urban Existing Zoning: RSC-2 Request: Requesting a Variance to Encroach into the Wetland Setback. VAR-WS 24-0609 Heard
  25. G. SIGN VARIANCE REQUESTS
  26. H. VARIANCE (VAR) REQUESTS
  27. H.1. Application Number: VAR 24-0540 Applicant: Pombo’s Contracting Services Inc Location: 423 Van Reed Manor Folio Number: 074743.6128 Acreage (+/-): 0.23 acres, more or less Comprehensive Plan: R-4 Service Area: Urban Existing Zoning: PD, ZC Request: Requesting a Variance to Swimming Pool Requirements. VAR 24-0540 Heard
  28. H.2. Application Number: VAR 24-0584 Applicant: Terry & Kerry Martin Location: 2814 Charles Pathe Dr Folio Number: 032666.0006 Acreage (+/-): 1.31 acres, more or less Comprehensive Plan: R-2 Service Area: Rural Existing Zoning: RSC-3 Request: Requesting a Variance to Accessory Structure Requirements. VAR 24-0584 Heard
  29. H.3. Application Number: VAR 24-0600 Applicant: Narasimha R & Lakshmi Vani Goli Location: 18785 Birchwood Groves Dr Folio Number: 013410.6094 Acreage (+/-): 0.24 acres, more or less Comprehensive Plan: R-4 Service Area: Urban Existing Zoning: PD (15-0681) Request: Requesting a Variance to Lot Development Standards. VAR 24-0600 Heard
  30. H.4. Application Number: VAR 24-0601 Applicant: Alma L. Muncey Location: Southeast corner of Almark St & Bayberry Ave Intersection Folio Number: 003364.0000 & 003365.0000 Acreage (+/-): 1.43 acres, more or less Comprehensive Plan: CPV Service Area: Urban Existing Zoning: CPV-A-5 Request: Requesting Variance to the Citrus Park Village Development Standards. VAR 24-0601 Heard
  31. H.5. Application Number: VAR 24-0605 Applicant: Justin Marx Location: 19013 N 41 Hwy Folio Number: 013860.0000 Acreage (+/-): 0.14 acres, more or less Comprehensive Plan: R-6 Service Area: Rural Existing Zoning: RSC-6 Request: Requesting Variance to Buffering and Screening Requirements. VAR 24-0605 Heard
  32. H.6. 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 Opened and Continued
  33. I. SPECIAL USES
  34. I.1. Application Number: SU-AB 24-0493 Applicant: Elena’s Blues, Cigars, and Hookah LLC. Location: 9953 W. Hillsborough Ave Folio Number: 005999.0150 Acreage (+/-): 0.057 acres, more or less Comprehensive Plan: R-6 Service Area: Urban Existing Zoning: CG Request: Requesting a Special Use 4-COP Alcoholic Beverage Permit With Separation Waiver(s) SU-AB 24-0493 Heard
  35. I.2. Application Number: SU-AB 24-0573 Applicant: Craig Taraszki & Bryan Dion Location: 7835 Palm River Rd Folio Number: 044483.0100 Acreage (+/-): 0.128 acres, more or less Comprehensive Plan: CMU-12 Service Area: Urban Existing Zoning: CG, CN Request: Requesting a Special Use 3-PS Alcoholic Beverage Permit With Separation Waiver(s). SU-AB 24-0573 Heard
  36. I.3. Application Number: SU-AB 24-0596 Applicant: Shaunessy Dobish Location: 10522 S. County Rd 39 Folio Number: 093937.0200 Acreage (+/-): 0.14 acres, more or less Comprehensive Plan: R-1 Service Area: Rural Existing Zoning: CN Request: Requesting a 4-COP-RX Alcoholic Beverage Permit With Separation Waiver(s). SU-AB 24-0596 Heard
  37. I.4. Application Number: SU-AB 24-0610 Applicant: Shops at Stelling North, LLC Location: 300 Ft North of US Hwy 301 & Stelling Dr Intersection, W side of street Folio Number: 077486.0000 Acreage (+/-): 0.07 acres, more or less Comprehensive Plan: R-6 Service Area: Urban Existing Zoning: PD (20-0182) Request: Requesting a Special Use 2-COP-R Alcoholic Beverage Permit With Separation Waiver(s) SU-AB 24-0610 Heard
  38. J. APPEAL (APP) REQUESTS