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Land Use Hearing Officer

January 22, 2024 ·9:00 AM Final

County Center, 2nd Floor

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 January 22, 2024
  4. 4 The following dates pertain only to applications heard at the January 22, 2024 hearing. The Hearing Officer shall file a Recommendation or Final Decision for each application on February 12, 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 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. Continued
  11. A.2. VAR 23-0590 Yeney Giralt Perello This application has been WITHDRAWN from the process. Withdrawn
  12. A.3. 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
  13. A.4. Application Number: SU-CRH 24-0087 Applicant: HB Alliance LLC Location: 19115 Livingston Ave Folio Number: 033417.0100, 033418.0200 Acreage (+/-): 4.99 acres, more or less Comprehensive Plan: R-1 Service Area: Rural Existing Zoning: ASC-1 Request: Requesting a Special Use for Community Residential Home Type B. SU-CRH 24-0087 Continued
  14. A.5. 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. Continued
  15. A.6. 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 Continued
  16. B. VESTED RIGHTS
  17. C. FEE WAIVER
  18. D. REMANDS
  19. E. RECONSIDERATION REQUESTS
  20. F. SITE DEVELOPMENT VARIANCE REQUESTS
  21. F.1. Application Number: VAR-WS 23-0560 Applicant: RU Project Management Group, LLC (Ruth Londono) Location: 5707 W. Sligh Ave Folio Number: 027515.0000 Acreage (+/-): 0.47 acres, more or less Comprehensive Plan: LI Service Area: Urban Existing Zoning: BPO Request: Requesting a Variance to Encroach into Wetland Setback and Variance To Landscape Buffers. Heard
  22. F.2. Application Number: VAR-WS 24-0115 Applicant: Karen & Tracy Wade Location: 12709 Hammock Park Dr Folio Number: 077690.6828 Acreage (+/-): 0.18 acres, more or less Comprehensive Plan: RP-2 Service Area: Rural Existing Zoning: PD (98-0812) Request: Requesting a Variance to Encroach into the Wetland Setback. Heard
  23. G. SIGN VARIANCE REQUESTS
  24. H. VARIANCE (VAR) REQUESTS
  25. H.1. Application Number: VAR 24-0057 Applicant: Dailin Rojas Location: 6739 Twelve Oaks Blvd Folio Number: 004580.4876 Acreage (+/-): 0.174 acres, more or less Comprehensive Plan: R-4 Service Area: Urban Existing Zoning: RSC-6 Request: Requesting a Variance to Lot Development Standards. Heard
  26. H.2. Application Number: VAR 24-0103 Applicant: Jon Grisar Location: 4501 Scott Rd Folio Number: 014797.0150 Acreage (+/-): 1.15 acres, more or less Comprehensive Plan: R-1 Service Area: Rural Existing Zoning: ASC-1 Request: Requesting a Variance to Fence Requirements. Heard
  27. H.3. Application Number: VAR 24-0162 Applicant: Nicholas Terranova Location: 320 Deer Cove Ln Folio Number: 012284.0000 Acreage (+/-): 0.96 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. Heard
  28. H.4. Application Number: VAR 24-0167 Applicant: Sergio Ramos Location: 8419 Woodhurst Dr Folio Number: 005049.1262 Acreage (+/-): 0.18 acres, more or less Comprehensive Plan: R-4 Service Area: Urban Existing Zoning: RSC-6 Request: Requesting a Variance to Community Residential Home Distance Separation Requirements. Heard
  29. H.5. Application Number: VAR 24-0193 Applicant: Raymond & Patricia Ann Conrad Location: 900 Ft South of Welcome Rd and Walter Hunter Rd Intersection East side of street Folio Number: 094048.0100, 094048.000, 094055.0000 Acreage (+/-): 15.27 acres, more or less Comprehensive Plan: R-1 Service Area: Rural Existing Zoning: AR Request: Requesting a Variance to Minimum Lot Area Standards. VAR 24-0193 Heard
  30. H.6. Application Number: VAR 24-0194 Applicant: Raymond & Patricia Ann Conrad Location: 2,500 Ft West of E Keysville Rd and Welcome Rd Intersection North side of street Folio Number: 093920.0000 Acreage (+/-): 15.07 acres, more or less Comprehensive Plan: R-1 Service Area: Rural Existing Zoning: AR Request: Requesting a Variance to Allow Easement to be Included in Minimum Lot area Calculation. VAR 24-0194 Heard
  31. I. SPECIAL USES
  32. J. APPEAL (APP) REQUESTS