Land Use Hearing Officer

HILLSBOROUGH COUNTY LAND USE HEARING OFFICER AGENDA - FINAL County Center 2nd Floor10:00 A.M. MONDAY, August 28, 2023 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

August 28, 2023Agenda - FinalLand Use Hearing Officer LUHO Hearing Agenda For August 28,2023 The following dates pertain only to applications heard at the August 28, 2023 hearing. The Hearing Officer shall file a Recommendation or Final Decision for each application on September 19, 2023. 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

August 28, 2023Agenda - FinalLand Use Hearing Officer 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. Page 3 of 11

August 28, 2023Agenda - FinalLand Use Hearing Officer A. LUHO WITHDRAWALS AND CONTINUANCES A.1. VAR 23-0005 Jon Grisar This application has been WITHDRAWN from the process. 23-0005Attachments: A.2. SU-SCH 23-0219 Dean M. & Sonia C. Slaven This application is out of order to be heard and is being CONTINUED to the September 26, 2023 LUHO. 23-0219Attachments: A.3. SU-CFW 23-0308 Gulfstream Towers LLC This application is being CONTINUED by STAFF to the September 26, 2023 LUHO. 23-0308Attachments: A.4. VAR 23-0471 Melba Merced This application is out of order to be heard and is being CONTINUED to the September 26, 2023 LUHO. 23-0471Attachments: A.5. SU-SCH 23-0481 David Wright/TSP Companies, Inc. This application is out of order to be heard and is being CONTINUED to the September 26, 2023 LUHO. 23-0481Attachments: A.6. VAR 23-0497 Anthony & Carol Nofsinger This application has been WITHDRAWN by the PETITIONER. 23-0497Attachments: Page 4 of 11

August 28, 2023Agenda - FinalLand Use Hearing Officer A.7. SU-SCH 23-0586 Navigator Academy of Leadership Southshore This application is being CONTINUED by the APPLICANT to the November 20, 2023 LUHO. 23-0586Attachments: A.8. VAR 23-0590 Yeney Giralt Perello This application is out of order to be heard and is being CONTINUED to the September 26, 2023 LUHO. 23-0590Attachments: A.9. SU-AB 23-0605 Ian Lieberman/AJI Fowler LLC. This application is out of order to be heard and is being CONTINUED to the September 26, 2023 LUHO. 23-0605Attachments: A.10. SU-AB 23-0631 Circle K Stores, Inc This application has been WITHDRAWN by the PETITIONER. 23-0631Attachments: A.11. SU-AB 23-0642 Christopher J Ciulla This application is out of order to be heard and is being CONTINUED to the September 26, 2023 LUHO. 23-0642Attachments: A.12. VAR 23-0756 Maria Marriage This application has been WITHDRAWN by the PETITIONER. 23-0756Attachments: Page 5 of 11

August 28, 2023Agenda - FinalLand Use Hearing Officer A.13. VAR-WS 23-0763 William Lloyd/RKM Development This application is out of order to be heard and is CONTINUING to the September 26, 2023 LUHO. 23-0763Attachments: B. VESTED RIGHTS C. FEE WAIVER D. REMANDS E. RECONSIDERATION REQUESTS F. SITE DEVELOPMENT VARIANCE REQUESTS F.1. Application Number: VAR-WS 23-0751 Applicant: Esther Cepero Location: 15950 Rye Ln. Folio Number: 016134.0050 Acreage (+/-): 1.71 acres, more or less Comprehensive Plan: R-4 Service Area: Urban Existing Zoning: RSC-4 Request: Requesting a Variance to Encroach into the Wetland Setback. 23-0751Attachments: F.2. Application Number: VAR-WS 23-0754 Applicant: Keith & Rhonda Maule Location: 1 Dickman Island Folio Number: 031548.0300 Acreage (+/-): 4.34 acres, more or less Comprehensive Plan: R-1 Service Area: Urban Existing Zoning: PD (80-0175) Request: Requesting a Variance to Encroach into the Wetland Setback. 23-0754Attachments: Page 6 of 11

August 28, 2023Agenda - FinalLand Use Hearing Officer G. SIGN VARIANCE REQUESTS G.1. Application Number: VAR 23-0760 Applicant: Windsor Park of Tampa Homeowners Association, Inc. Location: 16400 Windsor Way Folio Number: 015649.0618 Acreage (+/-): 0.079 acres, more or less Comprehensive Plan: R-2 Service Area: Urban Existing Zoning: PD (86-0144) Request: Requesting a Variance to Sign Requirements. 23-0760Attachments: H. VARIANCE (VAR) REQUESTS H.1. Application Number: VAR 23-0624 Applicant: Jeff Bessey/Harpro LLC. Location: 14209 Shady Stream Dr. Folio Number: 084962.0104 Acreage (+/-): 1.587 acres, more or less Comprehensive Plan: R-1 Service Area: Rural Existing Zoning: AS-1 Request: Requesting a Variance to Lot Development Standards and Variance to Accessory Structure Requirements. 23-0624Attachments: Page 7 of 11

August 28, 2023Agenda - FinalLand Use Hearing Officer H.2. Application Number: VAR 23-0648 Applicant: David Wright Location: 800 FT West of Cliffdale Dr and Saint Cloud Ave Intersection Folio Number: 086467.0030 Acreage (+/-): 1.09 acres, more or less Comprehensive Plan: R-4 Service Area: Urban Existing Zoning: ASC-1 Request: Requesting a Variance to Lot Development Standards 23-0648Attachments: H.3. Application Number: VAR 23-0681 Applicant: Costco Wholesale Corporation Location: 10921 Causeway Blvd Folio Number: 072304.0501 Acreage (+/-): 14.36 acres, more or less Comprehensive Plan: RMU-35, UMU-20 Service Area: Urban Existing Zoning: PD (98-0826) Request: Requesting a Variance to sidewalk requirements (LDC Section 6.03.02) 23-0681Attachments: H.4. Application Number: VAR 23-0752 Applicant: David Wright/TSP Companies, Inc. Location: North Side of Thonotosassa Rd and Ohio St Intersection Folio Number: 081933.0000 & 081933.0050 Acreage (+/-): 2.9 acres, more or less Comprehensive Plan: R-2 Service Area: Rural Existing Zoning: ASC-1 Request: Requesting a Variance to Easement Width Requirements. 23-0752Attachments: Page 8 of 11

August 28, 2023Agenda - FinalLand Use Hearing Officer H.5. Application Number: VAR 23-0753 Applicant: The Porchlight Foundation, Inc. Location: 5808 E. 122nd Ave Folio Number: 036948.0000 Acreage (+/-): 0.41 acres, more or less Comprehensive Plan: R-20 Service Area: Urban Existing Zoning: RMC-20 Request: Requesting a Variance to Lot Development Standards 23-0753Attachments: H.6. Application Number: VAR 23-0786 Applicant: Steven Gildar Location: 8538 Acorn Ridge Ct. Folio Number: 004016.0206 Acreage (+/-): 0.1 acres, more or less Comprehensive Plan: R-4 Service Area: Urban Existing Zoning: PD (98-1539) Request: Requesting a Variance to Lot Development Standards 23-0786Attachments: I. SPECIAL USES I.1. Application Number: SU-SCH 22-1657 Applicant: Todd Scime Location: 6801 N. Orient Rd Folio Number: 040119.0000 Acreage (+/-): 10.6 acres, more or less Comprehensive Plan: CMU-12 Service Area: Urban Existing Zoning: ASC-1 Request: Requesting a Special Use for a School. 22-1657Attachments: Page 9 of 11

August 28, 2023Agenda - FinalLand Use Hearing Officer I.2. Application Number: SU-AB 23-0747 Applicant: Family Dollar Stores of Florida Location: 1026 78th Street Folio Number: 044550.0050 Acreage (+/-): 0.231 acres, more or less Comprehensive Plan: CMU-12 Service Area: Urban Existing Zoning: PD (15-1141) Request: Requesting a Special Use 2-APS Alcoholic Beverage Permit with Separation Waiver(s). 23-0747Attachments: I.3. Application Number: SU-AB 23-0755 Applicant: Shops at Stelling North, LLC. Location: Northwest Corner of S US Highway 301 and Stelling Dr Intersection Folio Number: 077486.0100 Acreage (+/-): 0.09 acres, more or less Comprehensive Plan: R-6 Service Area: Urban Existing Zoning: PD (20-0182) Request: Requesting a Special Use 2-COP-R Alcoholic Beverage Permit With Separation Waiver(s). 23-0755Attachments: I.4. Application Number: SU-AB 23-0759 Applicant: Liquor N Brothers LLC. Location: 8542 Gunn Highway Folio Number: 002853.0000 Acreage (+/-): 0.03 acres, more or less Comprehensive Plan: R-2, CPV Service Area: Urban Existing Zoning: CPV-G-1 Request: Requesting a Special Use 3-PS Alcoholic Beverage Permit With Separation Waiver(s). J. APPEAL (APP) REQUESTS Page 10 of 11

August 28, 2023Agenda - FinalLand Use Hearing Officer J.1. APP 23-0644 Toni Sullivan Appeal to an administrative decision, ZI 23-0370 23-0644Attachments: Page 11 of 11