Polk County Land Use Hearing Officer

Polk County Polk County Land Use Hearing Officer Meeting Minutes - Final July 27, 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. CALL TO ORDER: 1:30 P.M. OR AS SOON THEREAFTER AS THE PARTICULAR CASE MAY BE HEARD Note Minutes: Meeting went into Recess Note Minutes: Meeting Reconvened MINUTES APPROVAL: March 23, 2023 Approved Minutes Approved Minutes for March 23, 2023 NEW BUSINESS: AGENDA ITEM: Page 1 of 8 LDLTSE-2023-4 (Riverwood Dr TSE) Minutes: CASE FILE # LDLTSE-2023-4 Charles Ray Baxter, III and Casey Lynn Jones, owners, request a temporary special exception for a mobile home in a Residential Suburban land use district. The property location is 2505 Riverwood Drive, north of Turner Road, south of Thompson Road, east of Upper Meadow Road, west of Gordon Street, Mulberry, in Section 32, Township 29, and Range 23. Amy Little, Land Development, presented the case and reported that 15 mailers were sent on 6/26/23 with 1 support call received. 2 board were posted on 7/11/23 and the legal ad published in the Lakeland Ledger on 7/14/23. She proceeded to show a power point presentation; has recommendation of approval and stood for questions . The applicant, Casey Lunn Jones, was available to answer questions and is in agreement with staff recommendations. She stated that she has additional medical issues since she's applied for the TSE. The LUHO reviewed the conditions of approval with the applicant to insure that she understands the conditions. The LUHO opened the public hearing, there was neither support nor opposition in the audience. The LUHO closed the public hearing. Page 2 of 8 LDLVAR-2023-20 (Old Highway 37 Variance) Minutes: CASE FILE # LDLVAR-2023-20 Justin Freeman, owner, requests a variance for an accessory structure larger than the primary structure and side setback reduction in a Phosphate Mining (PM) land use district. The property location is 5767 Old Highway 37, north of Agricola Mine Road, south of Mt. Olive Road, east of Highway 37 S., west of U.S. Highway 555, Mulberry, in Section 01, Township 31, and Range 23. Amy Little, Land Development, presented the case and reported that 13 mailers were sent on 6/26/23 with no response. 1 board was posted on 7/11/23 and the legal ad published in the Lakeland Ledger on 7/14/23. Ian Nance, Land Development, proceeded to show a power point presentation; has recommendation of approval and stood for questions. The owner, Justin Freeman, was available to answer questions, is in agreement with staff recommendations. He stated that the detached garage will be used for storage of recreational vehicles as the mobile home does not have storage or a garage. The LUHO reviewed the conditions of approval with the owner. The LUHO opened the public hearing, there was neither support nor opposition in the audience. The LUHO closed the public hearing. Page 3 of 8 LDLVAR-2023-23 (Brown Shinn Rd - Dias Variance) Minutes: CASE FILE # LDLVAR-2023-23 Ozinildo and Camila Dias, owners, request a variance for two accessory structures larger than the primary structure in a CORE-X land use district. The property location is 15701 Brown Shinn Road, north of Deen Still Road East, west of Sweet Hill Road, south of Van Fleet Road, east of Commonwealth Avenue North, Polk City, in Section 25, Township 25, and Range 25. Amy Little, Land Development, presented the case and reported that 14 mailers were sent on 6/26/23 with no response. 1 board was posted on 7/11/23 and the legal ad published in the Lakeland Ledger on 7/14/23. Malissa Celestine, Land Development, proceeded to show a power point presentation; has recommendation of approval and stood for questions. The LUHO had questions on procedure on the accessory structure larger than the primary in a Core-X land use district. The applicant, Joan H. Oliveira, was available to answer questions and is in agreement with staff recommendations. The LUHO asked what is the hardship for this variance. He stated that they will be remodeling the mobile home and in order for the family to move into the property they will need somewhere to store their horses. The LUHO opened the public hearing. There was neither support nor opposition in the audience. The LUHO closed the public hearing. Page 4 of 8 LDLVAR-2023-24(Green Pond Road) Pellot Variance Minutes: CASE FILE # LDLVAR-2023-24 David and Vilma R. Pellot, owners, request a variance for an accessory structure larger than the primary structure in an Agricultural Rural Residential-X (A/RRX) land use district. The property location is 6105 Green Pond Road, south of Lake County, north of Poyner Road, east of Van Fleet Trail, west of Commonwealth Avenue North, Polk City, in Section 07, Township 25, and Range 25. Amy Little, Land Development, presented the case and reported that 32 mailers were sent on 6/26/23 with no response. 1 board was posted on 7/11/23 and the legal ad published in the Lakeland Ledger on 7/14/23. Malissa Celestine, Land Development, proceeded to show a power point presentation; has recommendation of approval and stood for questions. The owners, David Pellot, was available to answer questions and is in agreement with staff recommendations. The LUHO asked the applicant what would be the hardship if the variance is not approved. He stated that the accessory structure would be to store his farming equipment. He also stated that it would be a financial hardship if the variance is not approved. The LUHO clarified that farming equipment would be for personal use and not for business use. The LUHO opened the public hearing. There was neither support nor opposition in the audience. The LUHO closed the public hearing. Page 5 of 8 LDLVAR-2023-25 (Bailey Road Variance) Minutes: CASE FILE # LDLVAR-2023-25 Lori Walsted, owner, requests a variance for an accessory structure larger than the primary structure in a Residential Suburban (RS) land use district. The property location is 3685 Bailey Road, north of Willis Road, south of Wells Road, west of Garland Street, east of Gary Road, Mulberry, in Section 33, Township 29 and Range 23. Amy Little, Land Development, presented the case and reported that 19 mailers were sent on 6/26/23 with no response. 1 board was posted on 7/10/23 and the legal ad published in the Lakeland Ledger on 7/14/23. Ian Nance, Land Development, proceeded to show a power point presentation; has recommendation of approval and stood for questions. The owners, Dennis and Lori Walsted, were available to answer questions and are in agreement with staff recommendations. He stated that he will be using the structure for storage of cars and motorcycles. The LUHO reviewed the conditions of approval. The LUHO opened the public hearing. There was neither support nor opposition in the audience. The LUHO closed the public hearing. Page 6 of 8 LDLVAR-2023-26 (Outdoor Resorts - Schultes Variance) Minutes: CASE FILE # LDLVAR-2023-26 Steven Griffin, applicant, requests a primary structure right of way (R.O.W) setback reduction in a Leisure Residential X (LRX) land use district. The property location is 9000 U.S. Highway 192 Lot #322, south of U.S. Highway 192, east of U.S. Highway 27, west of Osceola County, within Outdoor Resorts of America, Clermont, in Section 01, Township 25, and Range 26. Amy Little, Land Development, presented the case and reported that 86 mailers were sent on 6/26/23 with no response. 2 board were posted on 7/11/23 and the legal ad published in the Lakeland Ledger on 7/14/23. She proceeded to show a power point presentation; has recommendation of approval and stood for questions. Jerrod and Steven Griffin, applicants, were available to answer questions and are in agreement with staff recommendations. Jerrod stated that they have a copy of the park approval letter for the mobile home placement. The LUHO asked what would be the hardship if the variance is not approved. Mr. Griffin stated that the owner is handicapped and will need the additional access to mobile home. The LUHO opened the public hearing. There was neither support nor opposition in the audience. The LUHO closed the public hearing. Page 7 of 8 LDLVAR-2023-28 (Hamrick Dr Var) Minutes: CASE FILE # LDLVAR-2023-28 Dave Powell from White Aluminum and Windows, applicant, requests a rear primary structure setback reduction in a Development of Regional Impact and Planned Development 98-12 (DRI/PD 98-12) land use district. The property location is 358 Hamrick Drive, north and east of Bell Tower Xing W, south of Solivita Boulevard, west of Marigold Avenue, Poinciana, in Section 14, Township 27 and Range 28. Amy Little, Land Development, presented the case and reported that 26 mailers were sent on 6/26/23 with no response. 1 board was posted on 7/11/23 and the legal ad published in the Lakeland Ledger on 7/14/23. She proceeded to show a power point presentation; has recommendation of approval and stood for questions. The LUHO David Powell, White Aluminum and Windows, was available to answer questions and is in agreement with staff recommendations. He stated that gutters will be placed when the screened room addition is built. The LUHO opened the public hearing. There was neither support nor opposition in the audience. The LUHO closed the public hearing. ADJOURNMENT: Minutes: Adjourned at 2:49PM Page 8 of 8