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Land Use Hearing Officer

Monday, October 23, 2023 · Government meeting record

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Land Use Hearing Officer

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HILLSBOROUGH COUNTY LAND USE HEARING OFFICER AGENDA - FINAL County Center 2nd Floor10:00 A.M. MONDAY, October 23, 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 10

October 23, 2023Agenda - FinalLand Use Hearing Officer LUHO Hearing Agenda For October 23, 2023 The following dates pertain only to applications heard at the October 23, 2023 hearing. The Hearing Officer shall file a Recommendation or Final Decision for each application on November 14, 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 10

October 23, 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 10

October 23, 2023Agenda - FinalLand Use Hearing Officer A. LUHO WITHDRAWALS AND CONTINUANCES A.1. SU-SCH 23-0219 Dean M. & Sonia C. Slaven This application is out of order to be heard and is being CONTINUED to the November 20, 2023 LUHO. 23-0219Attachments: A.2. VAR 23-0471 Melba Merced This application is out of order to be heard and is being CONTINUED to the November 20, 2023 LUHO. 23-0471Attachments: A.3. SU-SCH 23-0481 David Wright/TSP Companies, Inc. This application is out of order to be heard and is being CONTINUED to the November 20, 2023 LUHO. 23-0481Attachments: A.4. VAR 23-0590 Yeney Giralt Perello This application is out of order to be heard and is being CONTINUED to the November 20, 2023 LUHO. 23-0590Attachments: A.5. SU-SCH 23-0746 Diocese of St. Petersburg, Inc. This application is being CONTINUED by the APPLICANT to the November 20, 2023 LUHO. 23-0746Attachments: A.6. VAR-WS 23-0829 Tim & Jackie Dixon This application is out of order to be heard and is being CONTINUED to the November 20, 2023 LUHO. 23-0829Attachments: Page 4 of 10

October 23, 2023Agenda - FinalLand Use Hearing Officer A.7. VAR 23-0908 Deborah Madvig This application is out of order to be heard and is being CONTINUED to the November 20, 2023 LUHO. 23-0908Attachments: A.8. VAR-WS 23-0925 Mark Bentley, Esq, B.C.S., AICP This application is out of order to be heard and is being CONTINUED to the November 20, 2023 LUHO. 23-0925Attachments: A.9. VAR 23-0965 HB Alliance LLC. This application is out of order to be heard and is being CONTINUED to the November 20, 2023 LUHO. 23-0965Attachments: A.10. SU-AB 23-0966 Thanh Loc LLC d/b/a Thinh An French Bakery This application is being CONTINUED by STAFF to the November 20, 2023 LUHO. 23-0966Attachments: B. VESTED RIGHTS C. FEE WAIVER C.1. FW 23-1059 Jahna Elizabeth Allen LUHO Exception For Fee Waiver. 23-1059Attachments: D. REMANDS E. RECONSIDERATION REQUESTS F. SITE DEVELOPMENT VARIANCE REQUESTS Page 5 of 10

October 23, 2023Agenda - FinalLand Use Hearing Officer F.1. Application Number: VAR-WS 23-0920 Applicant: Michael Redhead Location: 2606 Carroll Lake St Folio Number: 023386.0000 Acreage (+/-): 0.315 acres, more or less Comprehensive Plan: R-4 Service Area: Urban Existing Zoning: RSC-6 Request: Requesting a Variance to Encroach into the Wetland Setback. 23-0920Attachments: F.2. Application Number: VAR-WS 23-0934 Applicant: Steven Tonking/US Pools Location: 17104 Crawley Rd Folio Number: 001871.0000 Acreage (+/-): 1.14 acres, more or less Comprehensive Plan: R-1 Service Area: Rural Existing Zoning: ASC-1 Request: Requesting a Variance to Encroach into the Wetland Setback. 23-0934Attachments: F.3. Application Number: VAR 23-0964 Applicant: Drury Development Corporation Location: 10277 E. Adamo Dr Folio Number: 068042.1400 Acreage (+/-): 5.4 acres, more or less Comprehensive Plan: RMU-35 Service Area: Urban Existing Zoning: PD (22-1226) Request: Requesting a Variance to Encroach into the Wetland Setback. 23-0964Attachments: G. SIGN VARIANCE REQUESTS Page 6 of 10

October 23, 2023Agenda - FinalLand Use Hearing Officer G.1. Application Number: VAR 23-0938 Applicant: Mark Brenchley Location: 331 Brandon Town Center Folio Number: 071937.0200 Acreage (+/-): 9.35 acres, more or less Comprehensive Plan: RMU-35 Service Area: Urban Existing Zoning: PD (82-0421) Request: Requesting a Variance to Sign Requirements. 23-0938Attachments: H. VARIANCE (VAR) REQUESTS H.1. Application Number: VAR 23-0378 Applicant: Jose H Ramirez Location: 4550 Ft East of Pless Rd & W Dormany Rd Intersection, South Side of Street Folio Number: 080527.0020 Acreage (+/-): 4.07 acres, more or less Comprehensive Plan: AE Service Area: Rural Existing Zoning: AS-0.4 Request: Requesting a Variance to Lot Development Standards 23-0378Attachments: H.2. Application Number: VAR 23-0594 Applicant: Plato Academy Tampa Location: 7705 Gunn Hwy Folio Number: 003392.0000 Acreage (+/-): 4.6 acres, more or less Comprehensive Plan: CPV Service Area: Urban Existing Zoning: CPV-A-1, CPV-A-5 Request: Requesting a Variance to LDC Parts 3.10.00-CPV Standards and 6.07.00 - Fence and Wall Requirements. 23-0594Attachments: Page 7 of 10

October 23, 2023Agenda - FinalLand Use Hearing Officer H.3. Application Number: VAR 23-0949 Applicant: Vijay Patel Location: 18825 Gunn Highway Folio Number: 000837.0000 Acreage (+/-): 33.57 acres, more or less Comprehensive Plan: A/R Service Area: Rural Existing Zoning: AR Request: Requesting a Variance to Maximum Wall Height. 23-0949Attachments: H.4. Application Number: VAR 23-0950 Applicant: Madelyn Davidson Location: 17900 Geraci Rd Folio Number: 014240.0100 Acreage (+/-): 5.42 acres, more or less Comprehensive Plan: R-1 Service Area: Rural Existing Zoning: ASC-1 Request: Requesting a Variance to Minimum Lot Size by Available Utilities. 23-0950Attachments: H.5. Application Number: VAR 23-0962 Applicant: Global Projects Surveying Location: 12809 N. Boulevard St Folio Number: 021435.0000 Acreage (+/-): 0.55 acres, more or less Comprehensive Plan: R-4 Service Area: Urban Existing Zoning: RSC-6 Request: Requesting a Variance to Lot Development Standards. 23-0962Attachments: I. SPECIAL USES Page 8 of 10

October 23, 2023Agenda - FinalLand Use Hearing Officer I.1. Application Number: SU-CFW 23-0750 Applicant: Tillman Infrastructure Location: 11233 Mcmullen Rd Folio Number: 076872.0010 Acreage (+/-): 6.95 acres, more or less Comprehensive Plan: R-4 Service Area: Urban Existing Zoning: AR ,AS-1, ASC-1 Request: Requesting a Special Use for Wireless Communication Facility and Variance to Site Development Plan Design Requirements and Variance To Subdivision Requirements for Access. 23-0750Attachments: I.2. Application Number: SU-AB 23-0982 Applicant: Jorge F. Cordova Location: 1509 E. Fletcher Ave Units 111-113 Folio Number: 035819.0100 Acreage (+/-): 0.07 acres, more or less Comprehensive Plan: OC-20, R-20 Service Area: Urban Existing Zoning: CG Request: Requesting a Special Use 4-COP-RX with Separation Waiver(s). 23-0982Attachments: I.3. Application Number: SU-AB 23-0996 Applicant: Venkata Gudipati Location: 5253 Ehrlich Rd Folio Number: 016223.0000 Acreage (+/-): 0.069 acres, more or less Comprehensive Plan: R-4 Service Area: Urban Existing Zoning: CN Request: Requesting a Special Use 3-PS Alcoholic Beverage Permit With Separation Waiver(s). 23-0996Attachments: Page 9 of 10

October 23, 2023Agenda - FinalLand Use Hearing Officer I.4. Application Number: SU-AB 23-1027 Applicant: Central Florida Petrolium Distributors LC Location: 6812 N. 56th St Folio Number: 039886.6050 Acreage (+/-): 0.11 acres, more or less Comprehensive Plan: LI Service Area: Urban Existing Zoning: CG, CI Request: Requesting a Special Use 2-APS Alcoholic Beverage Permit with Separation Waiver(s). 23-1027Attachments: J. APPEAL (APP) REQUESTS Page 10 of 10

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