Land Use Hearing Officer

HILLSBOROUGH COUNTY Land Use Hearing Officer LUHO RESULTS - FINAL R. W. Saunders Sr. Public Library Ada T. Payne Community Room 1505 N. Nebraska Ave. 10:00 A.M. MONDAY, April 26, 2021 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 12 Land Use Hearing Officer Results - Final April 26, 2021 LUHO Hearing Agenda For April 26,2021 The following dates pertain only to applications heard at the April 26, 2021 hearing. The Hearing Officer shall file a Recommendation or Final Decision for each application on May 17, 2021. 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 12 Land Use Hearing Officer Results - Final April 26, 2021 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 12 Land Use Hearing Officer Results - Final April 26, 2021 A. LUHO WITHDRAWALS AND CONTINUANCES A.1. SU-GEN 21-0143 Life International Academy, Inc. This application has been WITHDRAWN by the APPLICANT. Attachments: 21-0143 Result: Withdrawn Motion: Withdrawn. A.2. VAR 21-0247 Cheryl C. Kilcoyne, Double E Land Company, LLC & Currie Investments, Inc . This application is out of order to be heard and is being CONTINUED to the May 24, 2021 LUHO. Attachments: 21-0247 Result: Continued Motion: Continued.to the Land Use Hearing Officer due back on 5/24/2021 A.3. SU-AB 21-0306 Constanera Peruvian Cuisene This application is out of order to be heard and is being CONTINUED to the June 21, 2021 LUHO. Attachments: 21-0306 Result: Continued Motion: Continued.to the Land Use Hearing Officer due back on 5/24/2021 A.4. VAR 21-0410 Saglo Development Corp. This application is out of order to be heard and is being CONTINUED to the May 24, 2021 LUHO. Attachments: 21-0410 Result: Continued Motion: Continued.to the Land Use Hearing Officer due back on 5/24/2021 A.5. VAR 21-0305 Orlando Huertas This application is being CONTINUED by STAFF to the June 21, 2021 LUHO. Attachments: 21-0305 Result: Continued Motion: Continued.to the Land Use Hearing Officer due back on 5/24/2021 A.6. VAR 21-0338 Keith Bolton This application is being CONTINUED by the APPLICANT to the July 26, 2021 LUHO. Attachments: 21-0338 Page 4 of 12 Land Use Hearing Officer Results - Final April 26, 2021 Result: Continued Motion: Continued.to the Land Use Hearing Officer due back on 5/24/2021 A.7. SU-LE 21-0375 Trademark Metals Recycling, LLC. This application is being CONTINUED by the APPLICANT to the September 20, 2021 LUHO. Attachments: 21-0375 Result: Continued Motion: Continued.to the Land Use Hearing Officer due back on 5/24/2021 A.8. VAR 21-0385 Theresa McDonald Kirby This application is being CONTINUED by STAFF to the May 24, 2021 LUHO. Attachments: 21-0385 Result: Continued Motion: Continued.to the Land Use Hearing Officer due back on 5/24/2021 A.9. VAR 21-0400 Denisley Sanchez This application is out of order to be heard and is being CONTINUED to the May 24, 2021 LUHO. Attachments: 21-0400 Result: Continued Motion: Continued.to the Land Use Hearing Officer due back on 5/24/2021 A.10. SU-AB 21-0454 TSP Companies, Inc. This application is out of order to be heard and is being CONTINUED to the March 24, 2021 LUHO. Attachments: 21-0454 Result: Continued Motion: Continued.to the Land Use Hearing Officer due back on 5/24/2021 A.11. VAR 21-0455 Greg Baron This application is out of order to be heard and is being CONTINUED to the May 24, 2021 LUHO. Attachments: 21-0455 Result: Continued Motion: Continued.to the Land Use Hearing Officer due back on 5/24/2021 A.12. VAR 21-0469 BG Ventures LLC. This application has been WITHDRAWN from the process. Page 5 of 12 Land Use Hearing Officer Results - Final April 26, 2021 Attachments: 21-0469 Result: Withdrawn Motion: Withdrawn. B. VESTED RIGHTS C. FEE WAIVER D. RECONSIDERATION REQUESTS E. SITE DEVELOPMENT VARIANCE REQUESTS E.1. Application Number: VAR 21-0275 Applicant: Stephen J. Dibbs Location: 350 ft West of intersection:Hoedt Rd/Kings Pkwy. Folio Number: 016388.0000, 016391.0100 & 016395.0000 Acreage (+/-): 13.37 acres, more or less Comprehensive Plan: OC-20 & R-4 Service Area: Urban Existing Zoning: PD (90-0119), ASC-1 & RSC-3 Request: Requesting a variance to encroach into the 30’ wetland conservation area setback . Attachments: 21-0275 Result: Approved Motion: Approved. E.2. Application Number: VAR 21-0459 Applicant: Dan Karcher Construction, Inc. Location: Approximately 1300 ft East of S Falkenburg Rd and Horace Ave Intersection Folio Number: 068056.0125 & 068070.0000 Acreage (+/-): 15.56 acres, more or less Comprehensive Plan: UMU-20 Service Area: Urban Existing Zoning: IPD-2, 96-0180, PD (09-0082) & M Request: Requesting a variance to encroach into the wetland conservation area setback . Attachments: 21-0459 Result: Approved Motion: Approved. E.3. Application Number: VAR 21-0471 Applicant: Rhodine Lake, LLC. Location: 11306 Rhodine Rd. Folio Number: 077345.9382 Acreage (+/-): 31.56 acres, more or less Comprehensive Plan: R-6 & R-4 Service Area: Urban Page 6 of 12 Land Use Hearing Officer Results - Final April 26, 2021 Existing Zoning: PD (18-1491) Request: Requesting a variance to reduce wetland setback width. Attachments: 21-0471 Result: Approved Motion: Approved. F. SIGN VARIANCE REQUESTS F.1. Application Number: VAR 21-0467 Applicant: Kiran and Palavi Family Foundation Location: Approximately 1960 ft North of Raulerson Ranch Rd and Navajo Ave intersection . Folio Number: 061227.0000, 061229.0000 & 061231.0000 Acreage (+/-): 18.76 acres, more or less Comprehensive Plan: CMU-12 Service Area: Urban Existing Zoning: RDC-12 & PD (14-1103) Request: Requesting a sign variance. Attachments: 21-0467 Result: Approved Motion: Approved. G. VARIANCE (VAR) REQUESTS G.1. Application Number: VAR 21-0258 Applicant: Mario A. Parra Location: 7518 Saint Vincent St. Folio Number: 024957.0000 Acreage (+/-): 0.248536 acres, more or less Comprehensive Plan: R-6 Service Area: Urban Existing Zoning: RSC-6 Request: Requesting a variance to accessory dwelling. Attachments: 21-0258 Result: Approved Motion: Approved. G.2. Application Number: VAR 21-0262 Applicant: Billy & Donna Doughty Location: 11036 Walter Hunter Rd. Folio Number: 093906.0200 Acreage (+/-): 0.709155 acres, more or less Comprehensive Plan: R-1 Service Area: Rural Existing Zoning: AS-1 Page 7 of 12 Land Use Hearing Officer Results - Final April 26, 2021 Request: Requesting a variance to fence requirements. Attachments: 21-0262 Result: Approved Motion: Approved. G.3. Application Number: VAR 21-0269 Applicant: Claude W. Tanner Location: 8208 Stoner Rd. Folio Number: 075325.0000 Acreage (+/-): 5.273822 acres, more or less Comprehensive Plan: R-2 Service Area: Urban Existing Zoning: RSC-3 & ASC-1 Request: Requesting a variance to lot development standards, accessory structure standards and variance to allow a flag lot in the urban service area. Attachments: 21-0269 Result: Approved Motion: Approved. G.4. Application Number: VAR 21-0403 Applicant: Jose & Milagros Carreno Location: 2205 Shermont Pl. Folio Number: 072925.1080 Acreage (+/-): 0.17 acres, more or less Comprehensive Plan: R-4 Service Area: Urban Existing Zoning: PD (75-0310A) Request: Requesting a variance to lot development standards. Attachments: 21-0403 Result: Continued Motion: Continued.to the Land Use Hearing Officer due back on 6/21/2021 G.5. Application Number: VAR 21-0456 Applicant: David N. & Cynthia L. Howard Location: 12864 Wheeler Rd. Folio Number: 084813.0100 Acreage (+/-): 4.39 acres, more or less Comprehensive Plan: R-1 Service Area: Rural Existing Zoning: AS-1 Request: Requesting a variance to subdivision requirements. Page 8 of 12 Land Use Hearing Officer Results - Final April 26, 2021 Attachments: 21-0456 Result: Approved Motion: Approved. G.6. Application Number: VAR 21-0458 Applicant: Fidias & Leslie Rodriguez Location: 3007 Pearson Rd. Folio Number: 087185.6000 Acreage (+/-): 1.12 acres, more or less Comprehensive Plan: R-4 Service Area: Urban Existing Zoning: ASC-1 Request: Requesting a variance to accessory dwelling requirements. Attachments: 21-0458 Result: Approved Motion: Approved. G.7. Application Number: VAR 21-0460 Applicant: Daniel Hayman Location: 18320 Wayne Rd. Folio Number: 001045.0000 Acreage (+/-): 1.91 acres, more or less Comprehensive Plan: R-1 Service Area: Rural Existing Zoning: ASC-1 Request: Requesting a variance to accessory dwelling standards. Attachments: 21-0460 Result: Approved Motion: Approved. G.8. Application Number: VAR 21-0468 Applicant: Bricklemyer Law Group Location: Northwest corner of Kings Crossing Dr and Big Bend Rd. Folio Number: 051495.0050 Acreage (+/-): 0.8 acres, more or less Comprehensive Plan: CMU-12 Service Area: Urban Existing Zoning: CG (R) Request: Variance to lot development standards and buffering and screening requirements . Attachments: 21-0468 Result: Approved Motion: Approved. Page 9 of 12 Land Use Hearing Officer Results - Final April 26, 2021 G.9. Application Number: VAR 21-0508 Applicant: Adalberto Rosales Location: 5116 Linkwood Ave. Folio Number: 019000.4818 Acreage (+/-): 0.15 acres, more or less Comprehensive Plan: R-4 Service Area: Urban Existing Zoning: RSC-6 Request: Requesting a variance to lot development standards. Attachments: 21-0508 Result: Approved Motion: Approved. H. SPECIAL USES H.1. Application Number: SU-GEN 21-0003 Applicant: Danice M. Donaldson & Alan Jones Location: 90ft North of intersection: Orient Rd/Deleuil Ave Folio Number: 039943.0000 & 039944.0000 Acreage (+/-): 1.66 acres, more or less Comprehensive Plan: CMU-12 Service Area: Urban Existing Zoning: RSC-6 Request: Requesting Special Use for a school, and variance to minimum lot size by available utilities. Attachments: 21-0003 Result: Approved Motion: Approved. H.2. Application Number: SU-AB 21-0331 Applicant: Finn’s AB, LLC. Location: 1112 Apollo Beach Blvd. Folio Number: 052054.0400 Acreage (+/-): 1.736712 acres, more or less Comprehensive Plan: R-6 Service Area: Urban Existing Zoning: PD (77-0123) Request: requesting a Special Use 4-COP- RX Beer, wine, and liquor for sale and consumption on the permitted premises only in connection with a restaurant. with separation waiver(s). Attachments: 21-0331 Result: Continued Page 10 of 12 Land Use Hearing Officer Results - Final April 26, 2021 Motion: Continued.to the Land Use Hearing Officer due back on 6/21/2021 H.3. Application Number: SU-AB 21-0401 Applicant: El Rincon Dominicano Inc. Location: 7210 S. 301 Hwy. Folio Number: 075559.0000 Acreage (+/-): 0.96 acres, more or less Comprehensive Plan: OC-20 & R-6 Service Area: Urban Existing Zoning: RSC-6, CG, & RD-UOD Request: Requesting a Special Use 4COP-RX beer, wine, and liquor for sale and consumption on the permitted premises only in connection with a restaurant, with separation waiver(s). Attachments: 21-0401 Result: Approved Motion: Approved. H.4. Application Number: SU-AB 21-0462 Applicant: Waverly Realty LLC. Location: 10651 Sheldon Rd. Folio Number: 004016.0102 Acreage (+/-): 6.17 acres, more or less Comprehensive Plan: R-4 Service Area: Urban Existing Zoning: PD (98-1539) Request: requesting a Special Use 2-COP-R beer and wine for sale and consumption on and off the permitted premises (package sales) in connection with a restaurant, with separation waiver(s). Attachments: 21-0462 Result: Approved Motion: Approved. H.5. Application Number: SU-AB 21-0463 Applicant: Waverly Realty LLC. Location: 8751 Sheldon Rd. Folio Number: 0040116.0102 Acreage (+/-): 6.17 acres, more or less Comprehensive Plan: R-4 Service Area: Urban Existing Zoning: PD (98-1539) Request: requesting a Special Use 2-COP-R beer and wine for sale and consumption on and off the permitted premises (package sales) in connection with a restaurant, with separation waiver(s). Attachments: 21-0463 Result: Approved Page 11 of 12 Land Use Hearing Officer Results - Final April 26, 2021 Motion: Approved. H.6. Application Number: SU-AB 21-0464 Applicant: Waverly Realty LLC. Location: 10631 Sheldon Rd. Folio Number: 004016.0102 Acreage (+/-): 6.17 acres, more or less Comprehensive Plan: R-4 Service Area: Urban Existing Zoning: PD (98-1539) Request: requesting a Special Use 2-COP-R beer and wine for sale and consumption on and off the permitted premises (package sales) in connection with a restaurant, with separation waiver(s). Attachments: 21-0464 Result: Approved Motion: Approved. I. APPEAL (APP) REQUESTS Page 12 of 12