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Land Use Hearing Officer

February 26, 2024 ·9:00 AM Final

County Center, 2nd Floor

Agenda PDF Official record ↗

Agenda — 32 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 February 26, 2024
  4. 4 The following dates pertain only to applications heard at the February 26, 2024 hearing. The Hearing Officer shall file a Recommendation or Final Decision for each application on March 18, 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. VAR 23-0965 HB Alliance LLC. This application has been WITHDRAWN by the APPLICANT. Withdrawn
  11. A.2. 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. Continued
  12. B. VESTED RIGHTS
  13. C. FEE WAIVER
  14. D. REMANDS
  15. E. RECONSIDERATION REQUESTS
  16. F. SITE DEVELOPMENT VARIANCE REQUESTS
  17. F.1. Application Number: VAR-WS 24-0181 Applicant: Lauren & Paul Randall Location: 15605 Hampton Village Dr Folio Number: 016464.7172 Acreage (+/-): 0.23 acres, more or less Comprehensive Plan: R-4 Service Area: Urban Existing Zoning: PD (02-0790) Request: Requesting a Variance to Encroach into the Wetland Setback. Heard
  18. F.2. Application Number: VAR-WS 24-0277 Applicant: David Mechanik Location: 8403 & 8405 N. Lois Ave Folio Number: 024123.0050, 024123.0075 Acreage (+/-): 1.53 acres, more or less Comprehensive Plan: R-12 Service Area: Urban Existing Zoning: RMC-16 Request: Requesting a Variance to Encroach into the Wetland Setback. VAR-WS 24-0277 Heard
  19. F.3. Application Number: VAR 24-0285 Applicant: Kukunuru Satish Kumar & Pendyala Sindhusha Krishna Location: 12525 Candleberry Cir Folio Number: 004325.2266 Acreage (+/-): 0.138 acres, more or less Comprehensive Plan: R-4 Service Area: Urban Existing Zoning: PD (15-1140) Request: Requesting a Variance to Encroach into the Wetland Setback. VAR-WS 24-0285 Heard
  20. G. SIGN VARIANCE REQUESTS
  21. G.1. Application Number: VAR 24-0190 Applicant: Todd Pressman Location: South Side of N US Highway 41 and Leisey Rd Intersection Folio Number: 054191.0100, 054191.0110 Acreage (+/-): 65.08 acres, more or less Comprehensive Plan: OC-20, SMU-6 Service Area: Urban Existing Zoning: PD (06-1035) Request: Requesting a Variance to Sign Requirements. VAR 24-0190 Heard
  22. H. VARIANCE (VAR) REQUESTS
  23. H.1. Application Number: VAR 24-0038 Applicant: RU Project Management Group, LLC (Ruth Londono) Location: 4537 W. Paris St Folio Number: 028923.0000 Acreage (+/-): 0.15 acres, more or less Comprehensive Plan: R-9 Service Area: Urban Existing Zoning: RSC-9 Request: Variance to Accessory Dwelling Standards, Variance to Lot Development Standards. Heard
  24. H.2. Application Number: VAR 24-0244 Applicant: Ireland O’Neill Location: 1,800 Ft East of S 50th St and Palm River Rd Intersection, South side of street Folio Number: 043528.0300, 043528.0000, 043528.0100, 043528.0200, 043503.0000 Acreage (+/-): 7.77 acres, more or less Comprehensive Plan: R-9 Service Area: Urban Existing Zoning: RSC-6, RDC-12 Request: Requesting a Variance to Fence Requirements. VAR 24-0244 Heard
  25. H.3. Application Number: VAR 24-0278 Applicant: John Aldrich Location: 3011 Christopher Watch Ln Folio Number: 031920.0230 Acreage (+/-): 0.18 acres, more or less Comprehensive Plan: R-6 Service Area: Urban Existing Zoning: PD (05-1779) Request: Requesting a Variance to Land Development Standards. VAR 24-0278 Heard
  26. H.4. Application Number: VAR 24-0287 Applicant: Oscar Lopez Location: 8518 Claonia St Folio Number: 024555.1000 Acreage (+/-): 0.33 acres, more or less Comprehensive Plan: R-6 Service Area: Urban Existing Zoning: RSC-6 Request: Requesting a Variance to Accessory Structure Requirements. VAR 24-0287 Heard
  27. I. SPECIAL USES
  28. I.1. Application Number: SU-SCH 23-0586 Applicant: Navigator Academy Of Leadership Southshore Location: SE corner of S US Hwy 301 & Bishop Rd Folio Number: 079561.0000 Acreage (+/-): 18.48 acres, more or less Comprehensive Plan: WVR-2 Service Area: Rural Existing Zoning: AS-1 Request: Special Use for School. Heard
  29. I.2. Application Number: SU-AB 24-0267 Applicant: Christopher J. Ciulla Location: 3434 E. State Rd 60 Folio Number: 085740.3248 Acreage (+/-): 0.12 acres, more or less Comprehensive Plan: OC-20 Service Area: Urban Existing Zoning: PD (89-0080) Request: Requesting a Special Use 4-COP-X Alcoholic Beverage Permit With Separation Waiver(s). VAR 24-0267 Heard
  30. I.3. Application Number: SU-AB 24-0270 Applicant: Canopy Road Café #7, LLC. Location: 11220 Sullivan St Folio Number: 074147.0030 Acreage (+/-): 0.09 acres, more or less Comprehensive Plan: R-6 Service Area: Urban Existing Zoning: PD (97-0113) Request: Requesting a Special Use 4-COP-RX Alcoholic Beverage Permit with Separation Waiver(s). SU-AB 24-0270 Heard
  31. I.4. Application Number: SU-AB 24-0275 Applicant: The Motor Enclave Tampa Land Holdings LLC Location: 6500 Motor Enclave Way Folio Number: 062554.0426 Acreage (+/-): 29.28 acres, more or less Comprehensive Plan: LI-P Service Area: Rural Existing Zoning: PD (20-1148) Request: Requesting a Special Use 4-COP Alcoholic Beverage Permit with Separation Waiver(s). SU-AB 24-0275 Heard
  32. J. APPEAL (APP) REQUESTS