Land Use Hearing Officer

HILLSBOROUGH COUNTY TRAINING Land Use Hearing Officer LUHO RESULTS - FINAL R. W. Saunders Sr. Public Library Ada T. Payne Community Room 1505 N. Nebraska Ave. 10:00 A.M. MONDAY, May 24, 2021 WELCOME AND THANK YOU FOR YOUR PARTICIPATION IN COUNTY GOVERNMENT. HEARING SCHEDULE: The LUHO Hearing will Starts at 10:00 A.M., The Following Items on the Morning Agenda Will Be Heard Beginning at 10:00 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. In accordance with the Americans with Disabilities Act, persons needing special accommodations to participate in the proceeding, and those seeking an interpreter, should contact the Customer Service Center at telephone number (813) 272-5900 or Hearing/Voice Impaired call 711 no later than 48 hours prior to the proceedings. This meeting is closed captioned for the hearing impaired. Page 1 of 11 Land Use Hearing Officer Results - Final May 24, 2021 LUHO Hearing Agenda For May 24,2021 The following dates pertain only to applications heard at the May 24, 2021 hearing. The Hearing Officer shall file a Recommendation or Final Decision for each application on June 15, 2021. 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. Page 2 of 11 Land Use Hearing Officer Results - Final May 24, 2021 STANDING TO APPEAL AND ADDITIONAL EVIDENCE FOR VARIANCE REQUESTS AND APPEALS OF ADMINISTRATIVE DECISIONS 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. Hearing Officer Pamela HatleyPresent Page 3 of 11 Land Use Hearing Officer Results - Final May 24, 2021 A. LUHO WITHDRAWALS AND CONTINUANCES A.1. VAR 21-0305 Orlando Huertas This application is being CONTINUED by STAFF to the June 21, 2021 LUHO. Result: Continued Motion: Continued.to the Land Use Hearing Officer due back on 6/21/2021 A.2. SU-AB 21-0306 Constanera Peruvian Cuisene This application is out of order to be heard and is being CONTINUED to the June 21, 2021 LUHO. Result: Continued Motion: Continued.to the Land Use Hearing Officer due back on 6/21/2021 A.3. VAR 21-0338 Keith Bolton This application is being CONTINUED by the APPLICANT to the July 26, 2021 LUHO. Result: Continued Motion: Continued.to the Land Use Hearing Officer due back on 6/21/2021 A.4. SU-LE 21-0375 Trademark Metals Recycling, LLC. This application is being CONTINUED by STAFF to the July 26, 2021 LUHO. Result: Continued Motion: Continued.to the Land Use Hearing Officer due back on 6/21/2021 A.5. VAR 21-0498 Roy Mazur This application is out of order to be heard and is being CONTINUED to the June 21, 2021 LUHO. Result: Continued Motion: Continued.to the Land Use Hearing Officer due back on 6/21/2021 Page 4 of 11 Land Use Hearing Officer Results - Final May 24, 2021 A.6. VAR 21-0532 Nick Brackin This application is out of order to be heard and is being CONTINUED to the July 26, 2021 LUHO. Result: Continued Motion: Continued.to the Land Use Hearing Officer due back on 6/21/2021 A.7. VAR 21-0549 Evan G. Childs This application is out of order to be heard and is being CONTINUED to the June 21, 2021 LUHO. Result: Continued Motion: Continued.to the Land Use Hearing Officer due back on 6/21/2021 A.8. Application Number: VAR 21-0573 Applicant: Brandon RE Holdings, LLC. Location: 520 E. Brandon Blvd Folio Number: 069455.0000 Acreage (+/-): 0.89 acres, more or less Comprehensive Plan: OC-20 Service Area: Urban Existing Zoning: CG, SR60 Request: Requesting a variance to site development standards. Result: Continued Motion: Continued.to the Land Use Hearing Officer due back on 6/21/2021 A.9. SU-AB 21-0595 Tripel Taurus LLC. This application is out of order to be heard and is being CONTINUED to the June 21, 2021 LUHO. Result: Continued Motion: Continued.to the Land Use Hearing Officer due back on 6/21/2021 Page 5 of 11 Land Use Hearing Officer Results - Final May 24, 2021 A.10. VAR 21-0605 David E. & Amanda J. Albaugh This application is out of order to be heard and is being CONTINUED to the June 21, 2021 LUHO. Result: Continued Motion: Continued.to the Land Use Hearing Officer due back on 6/21/2021 A.11. SU-AB 21-0606 Dune FL Land 1 Sub LLC and Southshore Bay Club LLC . This application is being CONTINUED by STAFF to the July 26, 2021 LUHO. Result: Continued Motion: Continued.to the Land Use Hearing Officer due back on 6/21/2021 A.12. VAR 21-0607 Nvirotect Pest Control Services, Inc. This application is being CONTINUED by the APPLICANT to the July 26, 2021 LUHO. Result: Continued Motion: Continued.to the Land Use Hearing Officer due back on 7/26/2021 B. VESTED RIGHTS C. FEE WAIVER D. RECONSIDERATION REQUESTS E. SITE DEVELOPMENT VARIANCE REQUESTS Page 6 of 11 Land Use Hearing Officer Results - Final May 24, 2021 E.1. Application Number: VAR 21-0247 Applicant: Cheryl C. Kilcoyne Double E Land Company, LLC. Currie Investments, Inc. Location: 110 ft East of intersection:W Idlewild Ave/N Dale Mabry Hwy. Folio Number: 029247.0000 & 029248.0000 Acreage (+/-): 6.5 acres, more or less Comprehensive Plan: OC-20 Service Area: Urban Existing Zoning: CG Request: Requesting a variance to encroach into the wetland setback. Result: Approved Motion: Approved. E.2. Application Number: VAR 21-0455 Applicant: Greg Baron Location: 15203 Leith Walk Ln. Folio Number: 016900.8402 Acreage (+/-): 1 acre, more or less Comprehensive Plan: R-4 Service Area: Urban Existing Zoning: PD (88-0004) Request: Requesting a variance to encroach into the wetland conservation area setback . Result: Denied Motion: Denied. F. SIGN VARIANCE REQUESTS F.1. Application Number: VAR 21-0410 Applicant: Saglo Development Corp Location: 3002 E. College Ave. Folio Number: 055014.0000 Acreage (+/-): 18.3 acres, more or less Comprehensive Plan: P/QP,SMU-6 Service Area: Urban Existing Zoning: PD (83-0145) & (19-0067) Request: Requesting a sign variance. Result: Approved Motion: Approved. Page 7 of 11 Land Use Hearing Officer Results - Final May 24, 2021 F.2. Application Number: VAR 21-0500 Applicant: Covenant Catalytic Church Location: 6212 N. 47th St. Folio Number: 039527.0000 Acreage (+/-): 1.88 acres, more or less Comprehensive Plan: R-6 Service Area: Urban Existing Zoning: RSC-9 Request: Requesting a sign variance. Result: Approved Motion: Approved. G. VARIANCE (VAR) REQUESTS G.1. Application Number: VAR 21-0385 Applicant: Theresa McDonald Kirby Location: 310 E. Trapnell Rd. Folio Number: 091739.0000 Acreage (+/-): 3.28 acres, more or less Comprehensive Plan: R-1 Service Area: Rural Existing Zoning: AS-1 Request: Requesting a variance to subdivision standards and site development standards . G.2. Application Number: VAR 21-0400 Applicant: Denisley Sanchez/Viza Law Location: 7518 Blossom Ave Folio Number: 026362.0000 Acreage (+/-): 0.27 acres, more or less Comprehensive Plan: R-9 Service Area: Urban Existing Zoning: RSC-9 Request: Requesting a variance to accessory dwelling requirements. Result: Denied Motion: Denied. Page 8 of 11 Land Use Hearing Officer Results - Final May 24, 2021 G.3. Application Number: VAR 21-0531 Applicant: Matthew, Jessica & Thomas Nartker Location: 10702 Drummond Rd. Folio Number: 005634.0000 Acreage (+/-): 0.25 acres, more or less Comprehensive Plan: R-4 Service Area: Urban Existing Zoning: PD (73-0078) Request: Requesting a variance to lot development standards. Result: Denied Motion: Denied. G.4. Application Number: VAR 21-0566 Applicant: Daniel J. Zimmerman Location: 3308 S. 54th St. Folio Number: 047054.0000 Acreage (+/-): 1.58 acres, more or less Comprehensive Plan: LI & R-6 Service Area: Urban Existing Zoning: ASC-1 Request: Requesting a variance to accessory structure requirements. Result: Approved Motion: Approved. G.5. Application Number: VAR 21-0586 Applicant: April Lott Location: Approximately 650ft East of Sheldon Rd and Hyder Jo Ln. Folio Number: 004674.0000 & 004674.0100 Acreage (+/-): 1.26 acres, more or less Comprehensive Plan: CMU-12 Service Area: Urban Existing Zoning: RSC-6 Request: Requesting a variance to easement access requirements. Result: Approved Motion: Approved. H. SPECIAL USES Page 9 of 11 Land Use Hearing Officer Results - Final May 24, 2021 H.1. Application Number: SU-AB 21-0454 Applicant: TSP Companies, Inc. Location: 10715 301 Hwy. S. Folio Number: 077155.0000 Acreage (+/-): 2.18 acres, more or less Comprehensive Plan: SMU-6 Service Area: Urban Existing Zoning: PD (18-1363) Request: Requesting a Special Use 3-PS beer, wine, and liquor to be sold in sealed containers only for consumption off the permitted premises only (package sales) with separation waiver(s). Result: Approved Motion: Approved. H.2. Application Number: SU-AB 21-0537 Applicant: Ameriken Investments LLC Location: 10020 Cross Creek Blvd Folio Number: 059247.0030 Acreage (+/-): 3.11 acres, more or less Comprehensive Plan: R-4 Service Area: Urban Existing Zoning: PD (89-0045) Request: Requesting Special Use 3-PS Beer, wine, and liquor to be sold in sealed containers only for consumption off the permitted premises (package sales). , with separation waiver(s). Result: Approved Motion: Approved. H.3. Application Number: SU-AB 21-0597 Applicant: Jay Restaurant Group LLC. Location: 2810 E. Bearss Ave Folio Number: 034916.0050 Acreage (+/-): 2.94 acres, more or less Comprehensive Plan: R-20 Service Area: Urban Existing Zoning: PD (85-0355) Request: Requesting a Special Use 4-COP beer, wine, and liquor for sale and consumption on and off the permitted premises (package sales), with separation waiver(s). Result: Approved Motion: Approved. Page 10 of 11 Land Use Hearing Officer Results - Final May 24, 2021 H.4. Application Number: SU-AB 21-0604 Applicant: Tambob BB LLC. Location: 16314 N. Dale Mabry Hwy. Folio Number: 015909.0060 Acreage (+/-): 1.42 acres, more or less Comprehensive Plan: R-12 Service Area: Urban Existing Zoning: PD (92-0279) Request: Requesting a Special Use 2-COP-R beer and wine for sale and consumption on and off the permitted premises (package sales) in connection with a restaurant, with separation waiver(s). Result: Approved Motion: Approved. I. APPEAL (APP) REQUESTS Page 11 of 11