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Land Use Hearing Officer

April 22, 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 April 22, 2024
  4. 4 The following dates pertain only to applications heard at the April 22, 2024 hearing. The Hearing Officer shall file a Recommendation or Final Decision for each application on May 13, 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. SU-AB 23-0966 Thanh Loc LLC d/b/a Thinh An French Bakery This application has been WITHDRAWN from the process by the Zoning Administrator. Withdrawn
  11. A.2. 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
  12. A.3. 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 Continued
  13. A.4. VAR 24-0504 Darren Smith/Zion Village, LLP This application has been WITHDRAWN by the APPLICANT. VAR 24-0504 Withdrawn
  14. B. VESTED RIGHTS
  15. C. FEE WAIVER
  16. D. REMANDS
  17. E. RECONSIDERATION REQUESTS
  18. F. SITE DEVELOPMENT VARIANCE REQUESTS
  19. G. SIGN VARIANCE REQUESTS
  20. H. VARIANCE (VAR) REQUESTS
  21. H.1. Application Number: VAR 24-0297 Applicant: Scott & Judy Holt Location: 621 Oakmont Ave Folio Number: 078531.0000 Acreage (+/-): 0.18 acres, more or less Comprehensive Plan: R-6 Service Area: Urban Existing Zoning: RSC-6 Request: Requesting a Variance for Underage Occupancy within the Sun City Center Senior Citizen Overlay District. VAR 24-0297 Heard
  22. H.2. Application Number: VAR 24-0370 Applicant: Carmen Matthews Location: 8812 Van Fleet Rd Folio Number: 076152.0002 Acreage (+/-): 1.54 acres, more or less Comprehensive Plan: R-4 Service Area: Urban Existing Zoning: ASC-1, RSC-4 Request: Requesting a Variance to Accessory Dwelling Standards and Variance to Development Lot Standards. VAR 24-0370 Heard
  23. H.3. Application Number: VAR 24-0440 Applicant: Christopher J. Ciulla Location: 3434 E State Road 60 Folio Number: 085740.3248 Acreage (+/-): 1.34 acres, more or less Comprehensive Plan: OC-20 Service Area: Urban Existing Zoning: PD (89-0080) Request: Requesting a Variance to State Road 60 Overlay Development Standards. VAR 24-0440 Heard
  24. H.4. Application Number: VAR 24-0478 Applicant: Jerry Hoffman Location: 10108 Midway St Folio Number: 050300.0000 Acreage (+/-): 0.12 acres, more or less Comprehensive Plan: R-6 Service Area: Urban Existing Zoning: RSC-6 Request: Requesting a Variance to Lot Development Standards. VAR 24-0478 Heard
  25. H.5. Application Number: VAR 24-0498 Applicant: Jorge Luis Capdevila II & Marlene Capdevila Location: 7775 Kings Landing Ln Folio Number: 003484.8274 Acreage (+/-): 0.036 acres, more or less Comprehensive Plan: CPV Service Area: Urban Existing Zoning: CPV-A-5 Request: Requesting a Variance to the Citrus Park Village Development Standards. VAR 24-0498 Heard
  26. H.6. Application Number: VAR 24-0499 Applicant: Quy Thi Kim Nguyen & Gia Dat Tran Location: 400 Ft North of Gunn Hwy & Berkford Ave Intersection West side of street Folio Number: 003484.8272 Acreage (+/-): 0.43 acres, more or less Comprehensive Plan: CPV Service Area: Urban Existing Zoning: CPV-A-5 Request: Requesting a Variance to the Citrus Park Village Development Standards. VAR 24-0499 Heard
  27. H.7. Application Number: VAR 24-0500 Applicant: Ferdian Jap & Thi Kim Thi Nguyen Location: 7793 Kings Landing Ln Folio Number: 003484.8276 Acreage (+/-): 0.44 acres, more or less Comprehensive Plan: CPV Service Area: Urban Existing Zoning: CPV-A-5 Request: Requesting a Variance to the Citrus Park Village Development Standards. VAR 24-0500 Heard
  28. I. SPECIAL USES
  29. I.1. Application Number: SU-AB 24-0374 Applicant: Tacos Las Californias O.G. LLC Location: 5635 Memorial Hwy Folio Number: 010175.0000 Acreage (+/-): 0.05 acres, more or less Comprehensive Plan: R-6 Service Area: Urban Existing Zoning: CN Request: Requesting a Special Use 2-COP Alcoholic Beverage Permit With Separation Waiver(s). SU-AB 24-0374 Heard
  30. I.2. Application Number: SU-AB 24-0394 Applicant: Jin Chen Location: 13520 University Plaza St Folio Number: 034957.0000 Acreage (+/-): 0.035 acres, more or less Comprehensive Plan: OC-20 Service Area: Urban Existing Zoning: PD ZC (92-0172) Request: Requesting a Special Use 2 -COP-R Alcoholic Beverage Permit With Separation Waiver(s) SU-AB 24-0394 Heard
  31. I.3. Application Number: SU-AB 24-0488 Applicant: Adam Capital Investments 3 Inc. Location: 14913 Bruce B. Downs Blvd Folio Number: 034787.0000 Acreage (+/-): 0.06 acres, more or less Comprehensive Plan: R-20 Service Area: Urban Existing Zoning: PD (83-0165) Request: Requesting a Special Use 3-PS Alcoholic Beverage Permit With Separation Waiver(s). SU-AB 24-0488 Heard
  32. I.4. Application Number: SU-AB 24-0495 Applicant: Publix Super Markets, Inc. Location: 7070 Waterset Blvd Folio Number: 051526.0000 Acreage (+/-): 0.032 acres, more or less Comprehensive Plan: UMU-20 Service Area: Urban Existing Zoning: PD (86-0154) Request: Requesting a Special Use 3-PS Alcoholic Beverage Permit With Separation Waiver(s) SU-AB 24-0495 Heard
  33. J. APPEAL (APP) REQUESTS