Polk County Land Use Hearing Officer

Polk County Polk County Land Use Hearing Officer Meeting Minutes - Final June 29, 2023 Land Use Hearing Officer meeting If a person decides to appeal any decision made by the Land Use Hearing Officer (LUHO) with respect to any matter considered at such meeting, he or she will need a record of the proceedings, and that, for such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. A formal appeal must be filed with the Circuit Court for the Tenth Judicial Circuit within thirty (30) calendar days of the LUHO’S written order being rendered to the Clerk of the LUHO. To the maximum extent practicable, the public hearing shall be informal. The final order will be filed with the Clerk of the Land Use Hearing Officer within 14 calendar days after the conclusion of the public hearing. Anyone wishing to receive a copy of the recommendation or decision by mail must supply the Land Development Director with his/her name, address and a stamped, self-addressed envelope for that purpose. Please call 863-534-6449 for further information. Note Minutes: Meeting went into Recess Note Minutes: Meeting Reconvened CALL TO ORDER: 1:30 P.M. OR AS SOON THEREAFTER AS THE PARTICULAR CASE MAY BE HEARD MINUTES APPROVAL: OLD BUSINESS: LDLSE-2023-4 (Fox Hollow Drive) Martinez SE Attachments: LDLSE-2023-4 (Fox Hollow Dr) Martinez SE Withdrawn LDLVAR-2022-87(Simms Road) Variance Attachments: LDLVAR-2022-87 (Simms Road) Santana Variance Withdrawn Page 1 of 9 LDLVAR-2022-96 (Westside Lakes Pool Variance) Attachments: 1 - LDLVAR-2022-96 Westside Lakes Pools Variance Staff Report 2 - LDLVAR-2022-96 Westside Lakes Pool Site Plan 3 - LDLVAR-2022-96 Westside Lakes Pools Justification 4 - LDLVAR-2022-96 Westside Lakes Pools Application Minutes: CASE FILE # LDLVAR-2022-96 Chirag Kikani, applicant, requests a side setback reduction in a Residential Medium X (RMX) land use district. The property location is 0 Ronald Reagan Parkway, north of I-4, east of U.S. Highway 27, south of Osceola County, Davenport, in Section 05, Township 26, and Range 27. Amy Little, Land Development, stated that 65 mailers were sent on 5/25/2023 with 2 oppositions received. One board was posted on 6/12/2023, and the legal ad published in the Lakeland Ledger on 6/14/2023. She stated that this case was continued from May's hearing. Amy showed a power point presentation has recommendation of approval and stood for questions. The owner's representative, Danny Kovac, was available to answer questions. The LUHO opened the public hearing. There was neither support nor opposition in the audience. The LUHO closed the public hearing. NEW BUSINESS: AGENDA ITEM: Page 2 of 9 LDLSE-2023-6 (Dove Cross Latorre) Attachments: 1-LDLSE-2023-6 Dove Cross Staff Report.pdf 2-LDLSE-2023-6 Application.pdf 3-Truck info .pdf 4-Site Plan.pdf 5-Letter of Authorization.pdf 6-Sunbiz Info for Company.pdf Minutes: CASE FILE # LDLSE-2023-6 - Erik Adel Latorre, applicant, requests a special exception for a commercial vehicle parking in an Agricultural Rural Residential (A/RR) land use district. The property location is 5026 Dove Cross Drive, north of Glen Meadow Drive, west of Dove Cross Loop, south of Rock Dove Trail, east of Hillsborough County, Lakeland, in Section 18, Township 27, and Range 23. Amy Little, Land Development, stated that 27 mailers were sent on 5/25/2023 with no response. One board was posted on 6/14/2023, and the legal ad published in the Lakeland Ledger on 6/14/2023. Erik Peterson, Land Development showed a PowerPoint presentation, has a recommendation of approval, and stood for questions. The owner, Adel LaTorre along with Rose Vazquez (interpreter), were available to answer questions and is in agreement with staff recommendations. The LUHO asked if he understood that he would need to put up the fence as part of the requirement, in which he replied in agreement. The LUHO asked what his hardship is if denied. He said that it would be financially. The LUHO opened the public hearing. There was neither support nor opposition in the audience. The LUHO closed the public hearing. Page 3 of 9 LDLSE-2023-7 (Coronet SE) Attachments: 1 - LDLSE-2023-7 Coronet Rd SE Staff Report 2 - LDLSE-2023-7 Application 3 - LDLSE-2023-7 Site Plan 4 - LDLSE-2023-7 Registration 5 - LDLSE-2023-7 Truck Pics Minutes: CASE FILE # LDLSE-2023-7 Placido Medina, applicant, requests a special exception for a commercial vehicle parking in a Residential Suburban (RS) land use district. The property location is 7385 Coronet Road, north of U.S. Highway 60 West, east of County Line Road, south of Shepherd Road, west of Southwind Drive, Mulberry, in Section 30, Township 29, and Range 23. Amy Little, Land Development, stated that 13 mailers were sent on 5/25/2023 with no response. One board was posted on 6/11/2023, and the legal ad published in the Lakeland Ledger on 6/14/2023. She continued to show a PowerPoint presentation, has a recommendation of approval, and stood for questions. The applicant, Placido Medina, along with Rose Vazquez (interpreter) was available to answer questions and is in agreement with staff recommendations. The LUHO had questions on how often the CV is used. He stated that right now it's just parked at the property. The LUHO asked what his hardship is if denied. He stated that he has no other place to park it or the money to pay to park the vehicle elsewhere. The LUHO asked if he understands that he will need to buffer with either vegetation or fencing. He stated that he's currently selling the CV. The LUHO opened the public hearing. There was neither support nor opposition in the audience. The LUHO closed the public hearing. Page 4 of 9 LDLSE-2023-8 (Fazzini Drive SE) Attachments: 1. LDLSE-2023-8 Fazzini Drive SE Staff Report 2. LDLSE-2023-8 Accela Application 3. LDLSE-2023-8 Registration 4. LDLSE-2023-8 Site Plan 5. LDLSE-2023-8 Truck Pics 6. LDLSE-2023-8 Truck Specs Minutes: CASE FILE # LDLSE-2023-8 - Ian Jose F. and Yamila M. Perez, owners, request a special exception for a commercial vehicle parking in an Agricultural Rural Residential (A/RR) land use district. The property location is 1606 Fazzini Drive, east of Dawes Road, south of U.S. Highway 98 West, west of Kelly Ridge Road, north of Raulerson Road, Frostproof, in Section 03, Township 32, and Range 27. Amy Little, Land Development, stated that 24 mailers were sent on 5/25/2023 with no response. One board was posted on 5/31/2023, and the legal ad published in the Lakeland Ledger on 6/14/2023. Ian Nance, Land Development showed a PowerPoint presentation, has a recommendation of approval, and stood for questions. The owner, Yamila M. Perez and her daughter Nayla Perez (interpreter), were available to answer questions and are in agreement with staff recommendations. Ms. Nayla stated that it is hard to find a parking elsewhere for the CV. The LUHO asked what her hardship is if denied. The hardship would be financially. The LUHO opened the public hearing. Raymond J. Febus, on behalf of the Fazzini Dr. HOA, is in opposition of the SE and stated that by driving the CV he is deteriorating Fazzini Drive. The LUHO stated that the county cannot enforce private deed restrictions. Dr. Laura Fletcher, she stated that she works for the HOA and that Mr. Febus has his own interpretation of the HOA. She is in agreement with the approval of this SE. She stated that they are not deteriorating the road and that his property is very well taken care of and they take lots of pride on the upkeep of their property. She stated that the HOA has not been active for years in contrary to what Mr. Febus testified too. The applicant's daughter stated that they have not damaged the road, on the contrary her father is the one fixing the road. The LUHO asked if they are ok to put a condition in where they will maintain their portion of the front of the driveway. The LUHO closed the public hearing. Page 5 of 9 LDLVAR-2023-15 (King Ave Var) Attachments: 1 - LDLVAR-2023-15 Staff Report 2 - LDLVAR-2023-15 Application 3 - LDLVAR-2023-15 Site Plan 4 - LDLVAR-2023-15 Justification Minutes: CASE FILE # LDLVAR-2023-15 Rogelio Leon Rodriguez and Ofelia Renteria Moreno, owners, request a primary structure setback reduction in a Residential Suburban (RS) land use district. The property location is 2339 King Avenue, north of K Ville Avenue, east of Nelson Street, south of Peach Avenue, west of Thornhill Road, Auburndale, in Section 21, Township 28, and Range 25. Amy Little, Land Development, stated that 23 mailers were sent on 5/25/2023 with no response. One board was posted on 6/11/2023, and the legal ad published in the Lakeland Ledger on 6/14/2023. She continued to show a power point presentation, has a recommendation of approval, and stood for questions. The owners, Rogelio Leon Rodriguez and Ofelia Renteria Moreno along with Rose Vazquez (interpreter), were available to answer questions and is in agreement with staff recommendations. The LUHO requested staff to find someone to help them coordinate the move of the trailer. The LUHO opened the public hearing. There was neither support nor opposition in the audience. The LUHO closed the public hearing. Page 6 of 9 LDLVAR-2023-16 (Citrus Ridge Dr) Silva Variance Attachments: 1. LDLVAR-2023-16 Citrus Ridge Drive (Silva) Variance Staff Report 2. Section 931 Criteria for Granting Variance for William Silva LDVAR-2023-16 3. William Silva Site Plan 4. LDLVAR-2023-16 Application 5. Authorization Letter for Representation for W. Silva LDVAR-2023-16 Minutes: CASE FILE # LDLVAR-2023-16 William J. and Kathleen T. Silva, owners, request a variance for primary structure side setback reduction in a Residential Medium X (RMX) land use district within Planned Unit Development 81-22 (PUD 81-22) and Citrus Ridge. The property location is 249 Citrus Ridge Drive, east of U.S. Highway 27, south of Citrus Ridge Drive, west of U.S. Highway 547 North, north of Ridgewood Lake Boulevard, Davenport, in Section 20, Township 26 and Range 27. Amy Little, Land Development, stated that 31 mailers were sent on 5/25/2023 with no response. One board was posted on 6/14/2023, and the legal ad published in the Lakeland Ledger on 6/14/2023. Malissa Celestine, Land Development showed a PowerPoint presentation, has a recommendation of approval, and stood for questions. The owner's representative, Chad Hammond, was available to answer questions and is in agreement with staff recommendations. The LUHO asked what would be the hardship if variance is denied. The applicant stated that the lots out there are very small and he has a large truck and a vehicle and when he parks, there's no sitting area. The LUHO opened the public hearing. There was neither support nor opposition in the audience. The LUHO closed the public hearing. Page 7 of 9 LDLVAR-2023-18 (Citrus Ridge Dr) Keeley Variance Attachments: 1. LDLVAR-2023-18 Citrus Ridge Drive (Keeley) Variance Staff Report 2. Section 931 Criteria for Granting Variance for Richard Keeley LDVAR-2023-18 3. Keeley Updated Site Plan #2 06-08-2023 4. LDLVAR-2023-18 Application 5. Authorization Letter for Representation for R. Keeley LDVAR-2023-18 Minutes: CASE FILE # LDLVAR-2023-18 - Malissa Richard E. and Bonnie J. Keeley, owners, request a variance for a primary structure side setback reduction in a Residential Medium X (RMX) land use district within Planned Unit Development 81-22 (PUD 81-22) and Citrus Ridge. The property location is 40 Citrus Ridge Drive, south of Citrus Ridge Drive, west of Robinson, north of Ridgewood Lake Boulevard, east of U.S. Highway 27, Davenport, in Section 20, Township 26 and Range 27. Amy Little, Land Development, stated that 47 mailers were sent on 5/25/2023 with no response. One board was posted on 6/14/2023, and the legal ad published in the Lakeland Ledger on 6/14/2023. Malissa Celestine, Land Development showed a PowerPoint presentation, has a recommendation of approval, and stood for questions. The owner's representative, Chad Hammond, was available to answer questions and is in agreement with staff recommendations. The LUHO asked where is the drainage on the property and he stated that it drains toward the back of the property. The LUHO asked what his hardship is if denied. He stated that the property is small and with the parked vehicle they don't have a place to sit outdoors. They also will have access to the shed when it rains. The LUHO opened the public hearing. There was neither support nor opposition in the audience. The LUHO closed the public hearing. Page 8 of 9 LDLVAR-2023-19 (Calabria Ave Var) Attachments: 1 - LDLVAR-2023-19 Calabria Var Staff Report 2 - LDLVAR-2023-19 Application 3 - LDLVAR-2023-19 Site Plan 4 - LDLVAR-2023-19 Justification Minutes: CASE FILE # LDLVAR-2023-19 Trisha Connell, owner, requests a variance for a side setback reduction for a screened enclosure with a solid roof in a Residential Low-1 (RL-1) land use district within Planned Development 01-28 (PD 01-28). The property location is 2458 Calabria Avenue, south of Papaya Circle, west of Mirabella Drive, north of Sand Mine Road, northeast of Bergamo Drive, Davenport, in Section 14, Township 25 and Range 26. Amy Little, Land Development, stated that 57 mailers were sent on 5/25/2023 with no response. One board was posted on 6/12/2023, and the legal ad published in the Lakeland Ledger on 6/14/2023. She continued to show a power point presentation, has a recommendation of approval, and stood for questions. The owner, Trisha Connell, was available to answer questions and is in agreement with staff recommendations. The LUHO asked what would be her hardship if denied. Ms. Connell stated that her elderly parents will be living with her and she would like to have a protected area where they can be outdoors within the 1st floor of the home. The LUHO stated that she will put as part of the requirement she will need to put gutters. The LUHO opened the public hearing. There was neither support nor opposition in the audience. The LUHO closed the public hearing. ADJOURNMENT: Minutes: 3:19 PM Meeting went into Recess Page 9 of 9