Land Use Hearing Officer

HILLSBOROUGH COUNTY LAND USE HEARING OFFICER AGENDA - FINAL County Center 2nd Floor10:00 A.M. MONDAY, June 26, 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 9

June 26, 2023Agenda - FinalLand Use Hearing Officer LUHO Hearing Agenda For June 26, 2023 The following dates pertain only to applications heard at the June 26, 2023 hearing. The Hearing Officer shall file a Recommendation or Final Decision for each application on July 18, 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 9

June 26, 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 9

June 26, 2023Agenda - FinalLand Use Hearing Officer A. LUHO WITHDRAWALS AND CONTINUANCES A.1. SU-GEN 22-1657 Todd Scime This application is out of order to be heard and is being CONTINUED to the July 31, 2023 LUHO. 22-1657Attachments: A.2. VAR 23-0005 Jon Grisar This application is out of order to be heard and is being CONTINUED to the July 31, 2023 LUHO. 23-0005Attachments: A.3. SU-GEN 23-0219 Dean M. & Sonia C. Slaven This application is out of order to be heard and is being CONTINUED to the August 28, 2023 LUHO. 23-0219Attachments: A.4. SU-CFW 23-0308 Gulfstream Towers LLC This application is out of order to be heard and is being CONTINUED to the July 31, 2023 LUHO. 23-0308Attachments: A.5. SU-GEN 23-0343 5 Star Cares, Inc. c/o William Holland This application is out of order to be heard and is being CONTINUED to the July 31, 2023 LUHO. 23-0343Attachments: A.6. SU-CFW 23-0365 VB BTS II, LLC c/o Mattaniah S. Jahn This application is out of order to be heard and is being CONTINUED to the July 31, 2023 LUHO. 23-0365Attachments: Page 4 of 9

June 26, 2023Agenda - FinalLand Use Hearing Officer A.7. VAR 23-0378 Jose H Ramirez This application is out of order to be heard and is being CONTINUED to the July 31, 2023 LUHO. 23-0378Attachments: A.8. VAR 23-0395 Jarek Wylegala This application has been WITHDRAWN by the PETITIONER. 23-0395Attachments: A.9. VAR 23-0454 Robert Franklin This application is out of order to be heard and is being CONTINUED to the July 31, 2023 LUHO. 23-0454Attachments: A.10. VAR 23-0462 Donald C & Patti J. Wolfer This application is out of order to be heard and is being CONTINUED to the July 31, 2023 LUHO. 23-0462Attachments: A.11. VAR 23-0471 Melba Merced This application is out of order to be heard and is being CONTINUED to the July 31, 2023 LUHO. 23-0471Attachments: B. VESTED RIGHTS C. FEE WAIVER D. REMANDS E. RECONSIDERATION REQUESTS F. SITE DEVELOPMENT VARIANCE REQUESTS G. SIGN VARIANCE REQUESTS Page 5 of 9

June 26, 2023Agenda - FinalLand Use Hearing Officer G.1. Application Number: VAR 23-0142 Applicant: Mark Bentley Location: Southwest corner of Citrus Park Dr.and Citrus Park Ln Folio Number: Portion of 3565.5000, Portion of 3566.0000, 3566.0015,3570.0000,3570.0150,3570.0300, 3606.0000 Acreage (+/-): 8.87 acres, more or less Comprehensive Plan: R-9, UMU-20 Service Area: Urban Existing Zoning: PD (89-0111), PD (08-0087) Request: Requesting a Sign Variance 23-0142Attachments: H. VARIANCE (VAR) REQUESTS H.1. Application Number: VAR 23-0333 Applicant: Daniel Spivey Jr. & LaCretia Lawnda Spivey Location: 12912 Willow Grove Dr. Folio Number: 077426.0590 Acreage (+/-): 0.179 acres, more or less Comprehensive Plan: RP-2 Service Area: Rural Existing Zoning: PD (21-1340) Request: Requesting a Variance to Swimming Pool Requirements. 23-0333Attachments: H.2. Application Number: VAR 23-0352 Applicant: David and Natasha Drigo Location: 14010 WP Ln. Folio Number: 080359.0300 Acreage (+/-): 1.99 acres, more or less Comprehensive Plan: AE Service Area: Rural Existing Zoning: AS-0.4 Request: Requesting a Variance to Lot Development Standards and Variance to Accessory Structure Requirements 23-0352Attachments: Page 6 of 9

June 26, 2023Agenda - FinalLand Use Hearing Officer H.3. Application Number: VAR 23-0396 Applicant: Wayne & Rosemary E. Curtiss Location: 1302 Williams Rd. Folio Number: 089426.7516 & 089426.7518 Acreage (+/-): 11.56 acres, more or less Comprehensive Plan: R-1 Service Area: Rural Existing Zoning: AS-1 Request: Requesting Variance to Access Easement Requirements and Variance To Flag Lot Requirements. 23-0396Attachments: H.4. Application Number: VAR 23-0397 Applicant: Alexander J. Hug & Jana M. Jones Location: 10308 Green Links Dr. Folio Number: 004039.3406 Acreage (+/-): 011. acres, more or less Comprehensive Plan: R-6 Service Area: Urban Existing Zoning: PD (92-0106) Request: Requesting a Variance to Accessory Structure Requirements. 23-0397Attachments: H.5. Application Number: VAR 23-0415 Applicant: Yanerky Liedias Padron Location: 11874 Branch Mooring Dr. Folio Number: 004329.8016 Acreage (+/-): 0.09 acres, more or less Comprehensive Plan: R-4 Service Area: Urban Existing Zoning: PD (73-0078) Request: Requesting a Variance to Lot Development Standards. 23-0415Attachments: Page 7 of 9

June 26, 2023Agenda - FinalLand Use Hearing Officer H.6. Application Number: VAR 23-0436 Applicant: Jose Luis Portela Del Sol Location: 3104 River Cove Dr. Folio Number: 025456.0000 Acreage (+/-): 0.16 acres, more or less Comprehensive Plan: R-6 Service Area: Urban Existing Zoning: RSC-6 Request: Requesting a Variance to Lot Development Standards and Variance to Accessory Dwelling Requirements. 23-0436Attachments: H.7. Application Number: VAR 23-0464 Applicant: Karen J. Guggino Location: Northeast Corner of E. Morgan St & Pinewood Ave. Intersection Folio Number: 069442.0500 & 069443.0000 Acreage (+/-): 0.6 acres, more or less Comprehensive Plan: R-9 Service Area: Urban Existing Zoning: RSC-6 Request: Requesting a Variance to Minimum Lot Sizes by Available Utilities. 23-0464Attachments: I. APPEAL (APP) REQUESTS J. SPECIAL USES Page 8 of 9

June 26, 2023Agenda - FinalLand Use Hearing Officer J.1. Application Number: SU-CFW 23-0144 Applicant: APC Towers IV, LLC. C/O Mattaniah S. Jahn Location: East Side of E. 138th Ave and N. 20th St. Intersection Folio Number: 035684.0000, 035685.0000 & 035685.0100 Acreage (+/-): 0.79 acres, more or less Comprehensive Plan: R-20 Service Area: Urban Existing Zoning: UCA-NHO, 04-1447 Request: Requesting a Special Use for Wireless Communication Facility and Variance to Buffer and Screening Requirements, and to University Community Area Development Regulations. 23-0144Attachments: J.2. Application Number: SU-AB 23-0227 Applicant: Winn Dixie Supermarkets, Inc. Location: 18403 N. 41 Hwy. Folio Number: 013986.0000 Acreage (+/-): 1.03 acres, more or less Comprehensive Plan: NMU-4 Service Area: Rural Existing Zoning: CG Request: Requesting a Special Use 3-PS Alcoholic Beverage Permit With Separation Waiver(s) 23-0227Attachments: J.3. Application Number: SU-AB 23-0463 Applicant: James Rehm, Pineapple Hospitality Group, LLC. Location: 14803 N. Dale Mabry Hwy. Folio Number: 018898.0500 Acreage (+/-): 0.15 acres, more or less Comprehensive Plan: OC-20 Service Area: Urban Existing Zoning: PD (78-0289) Request: Requesting a Special Use 4-COP-RX Alcoholic Beverage Permit with Separation Waiver(s). 23-0463Attachments: Page 9 of 9