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Land Use Hearing Officer

Monday, October 24, 2022 · Government meeting record

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Land Use Hearing Officer

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HILLSBOROUGH COUNTY LAND USE HEARING OFFICER AGENDA - FINAL R. W. Saunders Sr. Public Library Ada T. Payne Community Room 1505 N. Nebraska Ave. 10:00 A.M. MONDAY, October 24, 2022 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 8

October 24, 2022Agenda - FinalLand Use Hearing Officer LUHO Hearing Agenda For October 24, 2022 The following dates pertain only to applications heard at the October 24, 2022 hearing. The Hearing Officer shall file a Recommendation or Final Decision for each application on November 15, 2022. 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 8

October 24, 2022Agenda - 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 8

October 24, 2022Agenda - FinalLand Use Hearing Officer A. LUHO WITHDRAWALS AND CONTINUANCES A.1. VAR 22-0722 Larry Albritton This application is out of order to be heard and is being CONTINUED to the November 21, 2022 LUHO. 22-0722Attachments: A.2. SU-AB 22-0836 Vobre Altidor This application is out of order to be heard and is being CONTINUED to the November 21, 2022 LUHO. 22-0836Attachments: A.3. VAR 22-0843 Michael Brozack & Kristy Ansley This application is out of order to be heard and is being CONTINUED to the November 21, 2022 LUHO. 22-0843Attachments: A.4. VAR 22-0851 Clayton Bricklemyer, Hill Ward Henderson This application is out of order to be heard and is being CONTINUED to the November 21, 2022 LUHO. 22-0851Attachments: A.5. SU-GEN 22-0872 David Wright/TSP Companies, Inc. This application has been CONTINUED by the APPLICANT to the November 21, 2022 LUHO. 22-0872Attachments: A.6. VAR 22-1012 Sentosa Riverview Owner, LLC. This application has been WITHDRAWN by the PETITIONER. 22-1012Attachments: Page 4 of 8

October 24, 2022Agenda - FinalLand Use Hearing Officer A.7. SU-CFW 22-1019 APC Towers III c/o Mattaniah S. Jahn This application is out of order to be heard and is being CONTINUED to the November 21, 2022, LUHO. 22-1019Attachments: A.8. VAR 22-1083 Todd Scime This application is out of order to be heard and is being CONTINUED to the November 21, 2022 LUHO. 22-1083Attachments: A.9. SU-CFW 22-1188 CitySwitch II-A, LLC. This application is out of order to be heard and is being CONTINUED to the November 21, 2022 LUHO. 22-1188Attachments: A.10. VAR 22-1262 Russell Lees Jr This application has been CONTINUED by STAFF to the November 21, 2022 LUHO. 22-1262Attachments: A.11. VAR 22-1370 Leslie Van Trump This application is out of order to be heard and is being CONTINUED to the November 21, 2022 LUHO. 22-1370Attachments: A.12. VAR 22-1373 Alex Omar Wright This application is out of order to be heard and is being CONTINUED to the November 21, 2022 LUHO. 22-1373Attachments: B. VESTED RIGHTS Page 5 of 8

October 24, 2022Agenda - FinalLand Use Hearing Officer B.1. VRE 22-1288 Steve Samaha Vested Rights Extension. 22-1288Attachments: C. FEE WAIVER D. REMANDS E. RECONSIDERATION REQUESTS F. SITE DEVELOPMENT VARIANCE REQUESTS F.1. Application Number: VAR 22-1313 Applicant: Estates of Lakeview Village Homeowner’s Association Inc. Location: 200 Ft Southeast of Southcrest Ct. and Lakewind Dr. Intersection Folio Number: 065913.1620 Acreage (+/-): 28.53 acres, more or less Comprehensive Plan: R-4 Service Area: Urban Existing Zoning: PD (76-0237) Request: Requesting a Variance to Encroach into the Wetland Conservation Area Setback . 22-1313Attachments: F.2. Application Number: VAR-WS 22-1385 Applicant: Jay Fechtel Location: 1201 Parilla De Avila Folio Number: 015893.3504 Acreage (+/-): 0.81 acres, more or less Comprehensive Plan: R-2 Service Area: Urban Existing Zoning: PD (78-0017) Request: Requesting a Variance to Encroach into the Wetland Setback. 22-1385Attachments: G. SIGN VARIANCE REQUESTS Page 6 of 8

October 24, 2022Agenda - FinalLand Use Hearing Officer G.1. Application Number: VAR 22-1212 Applicant: Jules Car Wash Location: 16529 Fishhawk Blvd Folio Number: 088080.0214 Acreage (+/-): 1.17 acres, more or less Comprehensive Plan: RP-2 Service Area: Urban Existing Zoning: PD (89-0098) Request: Requesting a Sign Variance 22-1212Attachments: H. VARIANCE (VAR) REQUESTS H.1. Application Number: VAR 22-0715 Applicant: SL6 Hangar Court, L. Location: Southwest corner of Hangar Ct. and Hoover Blvd. Intersection Folio Number: 027993.0552 & 027993.0558 Acreage (+/-): 6.54 acres, more or less Comprehensive Plan: LI Service Area: Urban Existing Zoning: SPI-AP-4 Request: Requesting Variances to off street vehicular use area buffer, Building setbacks and building height. 22-0715Attachments: H.2. Application Number: VAR 22-1297 Applicant: Ramon Silverio Location: 908 Parsons Ave Folio Number: 067454.0000 Acreage (+/-): 0.48 acres, more or less Comprehensive Plan: R-6 Service Area: Urban Existing Zoning: RSC-6 Request: Requesting a Variance to Fence Requirements. 22-1297Attachments: Page 7 of 8

October 24, 2022Agenda - FinalLand Use Hearing Officer J. SPECIAL USES J.1. Application Number: SU-AB 22-1400 Applicant: Sujatha Kalva Location: 13608 University Plaza St. Folio Number: 034957.0100 Acreage (+/-): 11.35 acres, more or less Comprehensive Plan: OC-20 Service Area: Urban Existing Zoning: PD ZC 92-0172 Request: Requesting a Special Use 3-PS Alcoholic Beverage Permit With Separation waiver(s). 22-1400Attachments: I. APPEAL (APP) REQUESTS Page 8 of 8

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