Good morning, everyone.

Welcome to this morning's land use hearing officer hearing.

My name is Steve Luce, and I am the land use hearing officer today.

Before we get started, if we could all stand for the Pledge of Allegiance.

Pledge allegiance to the flag of the United States for America to the Republic, which is stand one nation under God, indivisible with liberty and justice for all.

Thank you all.

You may be seated.

Okay.

And no other changes to this morning's agenda.

No changes.

Okay.

Very good.

Thank you.

I have a few instructions to read into the record, and then we'll get started with uh applications that are on the agenda.

Our hearing today consists of agenda items that require a public hearing by the land use hearing officer.

I will conduct a hearing on each agenda item and will file a decision within fifteen working days after the conclusion of today's hearing.

There's one special use on the agenda.

I will read that order of procedures as well.

The applicant has 15 minutes to present their case, so they go first.

Then development services presents their staff report and they have five minutes for that purpose.

If anyone in the audience wishes to speak in support, they have five minutes for that 15 minutes for that purpose.

And if anyone in the audience wishes to speak in opposition to the application, they have 15 minutes total for that purpose.

Then development services has five minutes to uh amend any changes, ask any questions.

They have five minutes for that purpose, and finally the applicant has five minutes for rebuttal.

Regarding the time for proponents in opposition, the 15-minute time frame is the total time for each category.

If there are a number of people to speak, we'll add up the total number of people and the 15 minutes will be divided as equally as possible.

You may wish to designate a single spokesperson to more efficiently use the time.

When you come up to the podium to speak, please start by giving your name and address for the record.

The meeting is being recorded, and we want to make sure we accurately document who is speaking on the record.

When you are done speaking, please sign in with the clerk's office with your name, address, and the application number of the agenda item you are speaking to.

And the clerk is sitting at the end of the dais and she'll have a pad where you can sign in.

At this point in time, the county attorney's office will provide the legal requirements for appealing a decision made by the land use hearing officer.

Okay.

Mary Dorman from the County Attorney's Office.

This land use hearing officer public hearing is for variance and special use requests.

This is the time for interested parties to present evidence and testimony.

Once the land use hearing officer has closed a case, the record of that case is also closed, and no new evidence regarding that case may be submitted thereafter.

Any decision by the land use hearing officer may be appealed to the land use appeals board.

Should a decision be appealed, the record evidence, including the testimony presented at this public hearing shall be the only evidence that is subject to review by the land use appeals board.

In reaching a final decision on petitions, the land use appeals board will only consider the decision of the land use hearing officer and the record evidence, including any evidence from this public hearing.

If an appeal is filed, the land use appeals board hearing shall consist of oral argument by the party appealing the decision, county staff, 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.

One, the applicant, or two, anyone who appeared.

Sorry.

Anyone who appeared before the land use hearing officer presented testimony or other evidence and is ad adversely affected by the decision of the land use hearing officer.

It is the role of the county's attorney's office to ensure that no new evidence or testimony is allowed before the land use appeals board that was not presented to the land use hearing officer at today's hearing.

The county attorney's office will recommend that the land use appeals board disregard evidence or testimony that is outside the record made at today's public hearing.

Any evidence presented to the land use appeals board that is outside the record could jeopardize the legality of the land use appeals board decision, and the presenter of that evidence could hurt their own cause.

The safest course of action then is for you to write down any comments you make today and repeat them to the land use appeals board.

Okay, thank you.

Um all testimony today will be provided under oath.

Therefore, if you wish to speak, please stand and raise your right hand so I may swear you in.

The whole truth, so help you God.

Thank you.

Maybe be seated.

Okay, Miss Marshall, are ready for the first application.

Today's agenda we have no vested rights, fee waivers, remands, or reconsideration requests, which brings us to Section F, site development variance requests.

Item F1, variance 260149.

The applicant is Eric in LaJoyce Houston.

The request is a variance to encroach into the wetland setback.

Staff findings will be presented by Wayne Doyen.

Okay.

Good morning, sir.

Good morning.

This is Wayne Doyen, Hillsborough County Development Services.

This is variance application 26-0149.

Request summary, the applicant is requesting a variance from the 30-foot wetland conservation area setback requirements, section 4.01.07 point B.4 of the land development code.

The applicant's specific request as shown on the site plan submitted on 1030-2025 is to allow for encroachment for a single family residential structure to be within the 30-foot wetland conservation area setback.

Requested variance, LEC section, section 4.01.07 point B.4.

LBC requirement, no filling, excavating, or placement of permanent structures or other impervious surfaces should be allowed within required 30-foot wetland conservation area setback variance.

25 foot max encroachment for our single family residential structure in the wetland conservation area setback.

Findings.

A wetland setback compensation plan has been provided on the site plan data 1030-2025, which provides compensation plannings for the encroachment into the wetland conservation area setback.

Okay, thank you, sir.

This point in time, the applicant.

Good morning.

Good morning.

Um I suppose you already have the information request for the uh sir.

If you could, before you get started, state your name and address for the record.

Eric Houston 11349 Andy Drive, Riverview, Florida 33569.

Thank you.

Okay.

Do you wish to provide any testimony in support of your application?

Yes, the as explained the uh encroachment is for uh new home construction because of the uh layout and foundation that would require being um placed 25 feet into the uh setback of the wetland.

Um it's not going to affect anything else.

In fact, it'll protect the wetland further uh with the house being there to because it's a downhill lot, it'll prevent further washout and erosion uh into the wetland area.

Okay, you're you're the contractor.

No, I'm the owner.

You're the owner, okay.

And you're working with a contractor on the design.

Uh yes, my my brother-in-law will be he's a contractor, he'll be working building the house.

Okay.

And uh to get to this point where you've located the house on the property.

How did you arrive at the decision as to where to put the house?

Well, it's in the elk land in front, and the wetland extends all the way because like I said, of the layout of the foundation, it's going to do we also have to have a setback from the road.

So between setback from the road and setback from the wetland, it didn't leave enough area in between to build the house, so it has to go into the wetland setback area.

Okay.

Um understood.

Anything else?

Uh no, that's it.

Okay.

Thank you.

Sir, and you just sign in.

At this point in time, is there anyone in the audience that wishes to speak in support of the application?

See no one responding.

Anyone in the audience wish to speak in opposition to the application?

See no one responding.

Um, I do have a question.

Does EPC get copied or sent to the application?

And do they typically weigh in on variances?

Good morning.

Yes, uh, during my process, I send it to EPC.

Um, and their comment always is it's not in the wetlands.

So that's why we're gonna do the compensation plannings and you know, make sure get the best protection we can.

Okay, do you send the planting mitigation plan to EPC for their input or uh we go off uh the wetland mitigation plan that came from EPC, so there's a list of plantings that they can choose from, and uh that's all approved by my office.

Okay.

All right, thank you.

At this point in time, the applicant has five minutes for rebuttal.

Sir, anything further?

Okay.

All right, very good.

Thank you, sir.

With that, that concludes this application.

Ms.

Marshall, we're ready for the next item.

There are no signed variance requests, which brings us to section H variance requests.

Item H1, variance 251312.

The applicant is Louisa I Alonso.

The request is a variance to lot development standards.

Staff findings will be presented by Logan McKay.

Okay morning, Logan McCaik Development Services variants 25, 13, 12.

The applicant is requesting a variance to accommodate a front port, a front porch on the existing home per LEC section 60101, 6010103, an I7 front porches may project into the required front yard front yard no more than 10 feet or 50% of the required front yard setback, whichever is less.

And the RSC6 zoning district requires a 25-foot front yard setback, therefore a 15-foot front yard setback is required for the front porch.

The applicant is requesting a 6.8 foot variance, resulting in the setback of 8.2 feet for the front yard for the front porch, excuse me.

During review, it was found there is an open code compliance violation.

Available for any questions.

Sorry, is question for you is the code violation item.

Is that related to this variance item?

Yes, that is related to the front porch.

Okay.

All right, thank you.

At this point in time, the applicant, please.

Okay.

Again, this is variance 25 dash 1312.

Is the applicant here?

I don't see the applicant in the audience.

I don't see the applicant online, as far as I can tell.

Ms.

Marshall, do you have any suggestions we should do with this item at this point in time?

We if if you want to continue it to later on the agenda, we can reach out and see if we can get them.

Okay.

Um let's hold this item in abeyance.

And at the end of all the other agenda items this morning, we'll come back and revisit this one.

And uh we'll see where we are at that point in time.

Okay, the next item is item H2, variance 251359.

The applicant is Majella Publis.

The request is a variance to fence requirements and variance to accessory structure standards.

I'll present the staff findings.

Okay.

The applicant applicants requesting an 11-foot variance to the required 15-foot front yard on the front yard functioning as a side yard to allow a four-foot front yard setback for an accessory structure.

Variance of two feet to is requested to the maximum fence height of four feet in the front yard, resulting in a six-foot high fence in the front yard.

Happy to answer any questions.

Okay, no questions.

Thank you.

The applicant, please.

Morning.

Good morning.

My name is Mahela Publas, and I am the owner of 806 Gateway Lane, Tampa, Florida, 33613.

Okay.

Um the reason that I'm asking for this variance is just considering a couple of changes that have happened.

Uh most recently, I do have a uh I bought the home just to give you a little bit of history back in May 20 2017, had it for nine years.

Uh my dad just passed away in October, and I have to take care of my mother.

My mother was recently diagnosed with Alzheimer's disease.

Um, and I have moved her into my home.

However, I work for HR and I have to give up my office space to give to my mom and a medical nurse that comes in for 10 hours a week.

And so my lot does allow for space, and so I wanted to keep the integrity of the principal of the home, and so I thought, why not grid uh a shed?

And so I purchased a shed from Tampa Sheds, and they place the shed four feet from the fence according to the codes uh that the city has imposed.

Um there's no dwelling, I don't need a kitchen.

Um, in addition, um I'm giving up the space in my home to my kids and my mom, so I can actually keep uh my job that I've been there for 12 years, like I said.

Also, four years ago, I opened up a business called Advanced Group MPR.

Um, and that is a janitory and custodial commercial business.

It has taken a few years uh to ramp up, but I was just awarded uh to government entities to be able to provide commercial and janitorial services, and so I'm just trying to use the land that I have for my additional uh space to be able to practice my job and then also maintain my business.

Um I have been called out a couple of times about my job because my mother does come out sometimes on videos, and so that space is really for me to be able to continue with my livelihood and still take care of my mother in our culture.

We don't we don't place our parents in homes.

So that is why I'm asking for this minor variance.

Uh granting me this will allow me to be able to maintain the business that I work so hard to ramp up and also be able to maintain my mom inside my home.

And that concludes my information.

Shed.

There's no there's no kit.

Sidon me?

No, you're not gonna thank you.

Um, just for the record, then sorry for that.

Um it is just an office and shed.

There's no kitchen, no bathroom.

Correct.

No kitchen, no bathroom.

My home has three bedrooms and two baths.

Okay.

Yes.

The principal home.

So the shed does not need any kitchen or any bathroom.

Okay, understood.

All right, thank you, man.

Thank you.

All right.

At this point in time, is there anyone in the audience that's wishes to speak in support of the application?

And if you could sign in and over at the clerk.

See no one responding.

Yes, sir.

In sport.

Uh for uh disagreeing.

I'm sorry, I got tapped over there.

Um is it time to call for disagreement yet?

Um, yes, sir.

Come on up.

Is there anyone in the audience that we should speak in opposition to the application?

Yes, sorry, you may come forward.

Yeah.

Hi, uh Jeff Bashaga, 14031 Capitol Drive.

Um, I live down the street uh from the property.

Uh I saw the advertise.

Good morning, everybody, by the way.

Uh I saw the advertisement for the variance uh request.

I respectfully disagree with this um with this variance.

Uh I don't think that this is uh anyway.

I just respectfully disagree.

Okay.

Um yeah, I I see here I was just and I'm just going through the material that was average that was all within the uh county records.

It says a licensed electrician was hired.

Uh I've understood it was not a licensed electrician.

I also understand there was plumbing put into this uh facility.

I also understand that it was verbalized by the property owner that this was going to be used as a rental uh as an Airbnb, and we have uh uh yeah, so I think that the variance of what this is going to, and without being a land expert, um it seems like it's a lot looser in terms of criteria.

This is a residential neighborhood, it's completely built out.

Um there's all this would be the third structure on that uh property.

There's the home, there's a shed.

Very, very often this is referred to as a shed in this um in this application.

But if you hear what is happening, it is not a shed, it is a building.

It actually resembles something that I would call a tiny house that I would I would probably put on land and I would live in.

It has two windows that overlook neighbors that are not within the property line.

It has a porch and it has a light.

And we have reason and we have uh there's an eyewitness testimony that said they saw plumbing dug into the structure.

So I don't know what to do with that information.

I don't know if we can enter that in or not.

But to me, you know, it if it if it looks like a duck, quacks and talks like it's it's a duck.

Okay, so that's my opinion.

Um I respectfully uh disagree with this, and I have uh a neighbor that I drove here.

Do you want to speak at all?

Also, yeah.

Well, I'll I'll yield the rest of my uh rest of the time over to the other gentleman.

But I will say that there are myself and I think there are four or five other people that also disagree with this variance.

Thank you.

Jeff Bashaga, thank you.

Uh sir.

If I get you to sign in with the clerk's office.

Okay.

Next, sir.

Good morning.

Uh Mr.

John Lutkus 810 Gateway Lane, Tampa, Florida, 33613.

I'm opposed to this only because the building is almost like a commercial building.

It's not a shed.

She has a small shed behind the house, but this is a big building and it's metal.

If she wants, if she wants to build an office, she should get a regular contractor out there and put her next excuse me, an extension on house like everybody else does.

Also, she states in her that it's not going to be used for any plumbing.

I visually saw her boyfriend dig a trench, lay the pipe for a sewer pipe and connect to the sewer, bury it the same next day.

Did not have it inspected, did not have it tested.

If we're gonna do things, we gotta do them right.

I'm retired military for 20 years.

I do what's right, and that's the way it goes.

I mean, I've I've done it my whole life, and everybody else should do the same thing.

I don't uh I don't uh think that she should have any special privileges.

I made the initial call when they brought that building in to county code, and the county code referred it to these other people for and know this land use.

Um I mean it's just strictly for variants on the fence.

I don't I think the building should be gone.

Okay.

So understood.

That's my opinion.

All right, thank you.

Thank you, sir.

Appreciate it.

Is there anyone else in the audience that wishes speak in opposition?

Sir, can we John?

Can we read in the four of it before they don't?

I can read them or you can read them.

I've got the I'm sorry, I've got the four older neighbors and they're bird around the same area that uh can't make it today, but they're opposed to the thing.

Do I have to read them off or um do you have anything in writing from them?

Uh I've got it, I've got them all.

They all signed them, they all wrote it out.

Okay, just sure.

Just their name and addresses.

Just into the record, state their name and address.

Sure.

Okay.

Um, Mr.

Mike Sloan and Jennifer Miller Miller, 809 Gateway Lane.

Um Orlando and I can't pronounce her last name, but it's H A Y D I E G R I L D O 804 Gateway Lane.

Next door neighbors to her.

Nancy Rodriguez, Angel Rodriguez, 812 Gateway Lane.

John and Mary Miller, 802, Congress Court.

Okay, thank you, sir.

Thank you very much.

Okay, is anyone else in the audience wish to speak in opposition to the application?

I see no one responding.

Staff, anything further?

Nothing further.

Thank you.

Okay.

Applicant an opportunity for rebuttal.

Yes, sir.

Yeah.

Um, in regards to the dwelling, there's never been any dwelling in my home.

We paid a company uh that came in and did sprinkles, uh a set of sprinkles in my home.

I pay $50 a month to maintain my yard.

I also brought pictures of the before and after the shed.

Um I understand their concerns.

He is my neighbor across the way from Gateway Lane.

Um he also has a boat that's out there that I don't like to look at.

Um, and it's outside his fence.

We are dealing with a lot of things in our community where people are turning their homes into efficiencies.

Um, I don't know if I'm gonna be forever in that home, right?

So I don't want to ruin the integrity and the principle of the home.

I'm not sure where they're getting the information that I'm going to rent, but I don't have an opportunity or time to rent.

However, I do have pictures that I've also submitted of across the way from uh the older gentleman here, Mr.

Military, um, which thank you for your time, sir.

Um he has a whole rental property that has parties every week, and they take up Gateway Lane, which is right in the corner.

I'm on a special lot, right?

I have a front yard, a side yard, and a backyard.

Um this gentleman went around in the morning yesterday, and all the neighbors called me to let me know that he was gaining opposition to come here, which I respect.

Uh, but my role is not to ruin the integrity of the community.

I don't need additional income.

I need additional space.

Um, I do have uh two contractors that came out, and to be able to extend my home and add addition, uh, which money I know is not is not a uh a factor that you guys consider, but it takes over a hundred grand versus a shed that I bought for 11,000 from a reputable company that has been making prefabricated sheds for 30 years, and it came with a wet seal with all the codes of the city that allows me to have it in my home.

Um cross the way from him, there's basically a dealership with three sheds.

They have converted their home, closed the garage, and there's nine cars there, which I also have pictures of that.

In my home, you will always find the same four cars.

Um, and I don't have a boyfriend, sir.

I have a fiance, uh, and we're getting married next year in May of 2027.

Uh ma'am, could you just clarify the the testimony from one of the gentlemen in opposition?

Yes, was that there was plumbing.

And I think your response was that that's an irrigation.

It is an airplane clear system, and you do not have plumbing inside the we do not have plumbing.

You can have an inspector come out.

Uh, we do have electrical, and we paid it um uh licensed electrician, and I have that receipt uh from ThumbTAC, which is an app that I use uh to be able to hire contractors because I don't know a single thing about any of that.

Understood.

Yes, so rumors can turn into something that is not those these folks have never knocked on my door, yet they knocked on everybody's door yes around eight o'clock in the morning, and my neighbors let me know.

All right, very good.

I understand.

Thank you, ma'am.

Thank you so much.

Let me know if you see any uh see any additional pictures.

Okay.

Okay, with that, that concludes this application.

Ms.

Marshall, we're ready for the next item.

Next item is item H3, variance 260018.

The applicant is Elizar Garza Zapata.

The request is a variance to let development standards staff findings will be presented by Sierra James.

Good morning, Sierra James Development Services.

The applicant is seeking a variance to the front porch standards in 60103 I7.

The front porches may project into the required front yard, no more than 10 feet in the AS1 zoning district.

The required front yard is 50 feet.

The applicant is requesting a variance of 5.5 feet, resulting in a 15.5 foot intrusion into the front yard.

I'm available for any questions at this time.

Okay, no questions.

Thank you.

Morning, sir.

My name is Eliasar Garza Zapata.

I live on 11905 by three drive.

He's my neighbor, Omar Cervantes.

He lives on my next door.

Um I don't know if he can help me uh with my translate.

Um I I think that's acceptable.

That's fine.

Thank you.

I prefer.

All right, thank you, sir.

I construct uh a couple of times uh my prompt parts.

I ignore it, that's audience by consider um state your name and address for the record.

Uh my name is Omar Cervantes.

My address is 11905.

No, uh 903, his neighbor.

Uh it's Bake Tree Drive, Riverview, Florida, 33569.

He constructed his porch and his request is to allow the porch stand, because if he destroys it, it's gonna cost more money, and it's no danger to the house or any sidewalk entrance or any interest to that he or other people may need.

Uh this problem is that if he destroys the porch, it's gonna cost more money than if he just keeps it like that, and if he destroys it, it's gonna cost more money for for him to look for someone to destroy it to remove all the post and everything that he dug.

Okay.

All right, anything else?

I know principales for uh in Castodina American.

Yeah, like I said up before, uh, there's no danger to the roads to come in or leave in case of an emergency.

Uh the porch is solid, it was constructed by this uh what's called a professional constructor, and there's no danger for the house.

The porch is constructed solely, and the roads that come in and out of the house, uh they're clear, there's no blockage anywhere, so he has pictures also.

I think he sent them to you.

I'm a telling that no.

No, he didn't send this the planes.

Uh the county only has a plan, but he took pictures of it.

If you guys need the pictures, um perhaps we can use this overhead projector that's right here.

Come up.

Like that?

Yeah, I can see it.

That's one of them.

Is the other one?

The roads are clear.

This is the road right here, and there's our other road right here.

They're clear.

He comes in and out every morning to go to work.

His wife does the same thing.

Here's the last one.

There's another side of the road staying.

The other side.

Everything's clear.

The only thing is the plan that he has there by everything's clear in case of an emergency.

And this is the last one.

But everything's clear.

He has his plans on the side of the boards.

And everything is clear on the roadway.

Okay.

All right.

If you could when you sign in at the end of this item, I'll also give the picture so the clerk.

Okay.

So she'll make sure I get them.

Okay.

Okay.

Thank you, sir.

All right, thank you.

Thank you.

This point in time, is there anyone in the audience that wishes to speak in support of the application?

I see no one responding.

Anyone in the audience wishes to speak in opposition to the application.

See no one responding.

Um sir, you have an opportunity for rebuttal.

Any other comments?

Uh no wonder.

All right, very good.

Thank you.

With that, that concludes this application.

Ms.

Marshall readiness for the next item.

Next item is item H4, variance 26083.

The applicant is Kelly Gutierrez.

The request is a variance to lot development standards and swimming pool requirements.

Staff findings will be presented by Caroline Petal.

Okay.

Good morning.

Caroline Pedal Development Services.

Again, this is variance 260083.

The applicant is requesting a variance to swimming pool requirements and to lot development standards.

Per section 6114B1.

Swimming pool enclosure shall be screen by a screen mesh structure without a solid roof that is attached to the primary building.

May intrude into the rear yard and side yard provided a minimum setback of three feet is provided.

A variance request of three feet is requested, resulting in a side yard setback of zero feet for the screen enclosure.

Under the same section, our request for 2.2 feet is resulting in a rear yard setback of 0.8 feet for the screen enclosure.

Under section 60101, a minimum five-foot yard setback is required in the RSC9 zoning district.

A variance request of 4.9 feet is requested, resulting in a side yard setback of 0.1 feet for the covered patio.

Under section 60103i 4 and section 60101, covered patios may intrude no more than 13 feet into the rear required rear yard.

In no case shall the permitted intrusion of the covered patio reduce the route yard, excuse me, reduce the yard provided to less than 10 feet.

A minimum 20 foot rear yard setback is required in the RSC 9 zoning district.

A request of 9.1 feet variance is requested, resulting in a rear yard setback of 0.9 feet for the covered patio.

Additionally, the applicant has confirmed that the two covered areas towards the front of the home on the north and south have been removed, and that has been noted on the surface as well.

Okay.

That concludes my report.

Very good.

Thank you.

Thank you.

The applicant, please.

Hello.

Uh this is Kelly Gutierrez.

I'm here on behalf of a homeowner of Mail Rowley out of Mel.

Um that also is in the call.

Okay.

Um just wanted to add that.

Ma'am.

Can you state your address for the record?

Hello?

Kelly, can you hear us?

Kelly, are you hearing us?

Hello?

Hello?

We can hear you.

Hello?

Kelly, go ahead.

If you can hear us, Kelly.

Go ahead.

State your name and address for the record.

Okay, can you hear me?

Yes.

Yes, we can hear you.

We can hear you, but we can't.

You said you don't seem to be able to hear us.

Oh hello.

Hello.

Mr.

Chair, can I contact her outside of uh and try to get her to hear us?

Yes.

Um why don't we uh like one earlier on the agenda?

We'll hold this one in abeyance.

Um perhaps after the next item, we'll come back to this one.

Okay, I hello, I can hear you now.

Oh, all right.

Hello?

Yes, can you hear me?

Yes, sorry.

Okay.

All right.

Stated your name, but you can state your address for the record as well.

Yes, uh 6819 Robinson Lane.

All right, go ahead and proceed.

Okay.

Sorry about that.

Sorry.

Okay, so I'm here presenting the homeowner who's in the call as well.

Uh basically we're trying to whatever was built after it was the pool installed previously before the the home was purchased and was purchased with the pool, which was already um within an eatman within the eatman vacation.

Um to get everything in order.

There's a screening closure and the pump patio added.

Then on the back of the home, there's no one, there's no neighbors in the back, so on the side.

Both the structures, can you hear me?

Are we good?

Okay, both the structures on the side uh have been removed.

It's just the screening closure that you know be removed.

It's a big screening closure, and it does um, and that's why we're trying to get this if um this variant so we don't have to remove everything.

The homeowner has uh young three teen teenager kids, and in a way build a safe space where they can um spend time studying other instead of being outside, uh especially with um the area not being so safe nowadays.

I would like to, if possible, invite us male to uh comment on this if it's available because I know he's at work and took some time to be at this meeting.

Um I'm sorry, can you repeat that?

Oh, you I send then all of it, or which part you didn't no, just who you want somebody else to be able to speak?

The homeowner which is on the call.

Yes, that's I would love for him to talk regarding well.

All right, very good.

He takes some time from work, he's at work, so he might be brief, but he's here.

All right.

Good.

Hi, hello.

Uh my name is Osmeel Martinez, and uh, you know, my I say my um, you know, I did not that uh push it was on the screen, it was just to protect my family, you know, because you uh um we have a uh a water channel in the back, and uh I don't have uh I have a lot of mosquito at that time and when it's raining or something like that, it's a lot of kids, and I put that in the screen because of that, and uh plus I did for protect my family, you know, my kid because they are you know uh they want uh dense bring their uh friends to my house and I don't want to be uh you know outside because of you know the bug situation about uh you know uh uh whatever drugs and everything, you know, and I have actually have four key, not three.

I have four, but I have one that is big that is 24 25 right now, 25 years old.

But I have got the house for uh um in 20 years ago.

Uh and I picked that like uh maybe nine, eight years ago, and never affect uh you know uh never have an issue and problem uh at the same time uh that's true to never or doesn't affect uh you know anybody because I don't have a neighbor in the back and you it was just to protect my family because I have my whole family right here and my uh I have old people in my family too that they go to my and they go to my house almost every week to spend time with me and you know and it's just it's just uh to to protect my family and being with them.

This is to leave me now, okay?

All right, yeah, thank you, sir.

Thank you.

Oh, thanks, sir.

Robbie's won't land.

Thank you.

Okay.

At this point in time, is there anyone in the audience that wishes to speak in support of the application?

See no one responding.

Anyone in the audience wish to speak in opposition to the application?

See no one responding.

Um staff, just if you could clarify for me, is that the roof over hang it doesn't go across the entire rear of the of the backyard, it doesn't go over the pool, it's just in one corner of the lot.

It's my understanding.

Correct.

Okay, and I think I'm gonna make that clear for the record, and that the two covered walkways on the north and south sides have been removed.

Yes, they have all right, understood.

All right, and the applicant you have an opportunity for any final comments, rebuttal.

No, I believe then that would be all.

Okay.

Uh the like he stated everything is in order um in a way that doesn't affect anybody, which is the most important thing when the water runoff to other sides, everything is there for his family, and it was built a long long time ago, never had any issues whatsoever.

Also, the vacate uh B2503 has been approved, meaning uh the pool that was on the in on the easement but longer there.

So those three ten feet of easement has been completely removed as well.

All right, very good.

Thank you, ma'am.

All right, with that that concludes this application.

Miss Marshall, ready for the next item.

Next item is item H5, variance 26099.

The applicant is Tiffany Lean.

The request is a variance to the minimum lot size by available utilities.

Deaf findings will be presented by Orlando Boris.

Okay.

Morning, this is Orlando Borraz um with development services.

Um this is variance 26-um double zero ninety-nine.

Uh as it was already stated, the applicant is seeking a variance to reduce the minimum upland requirements uh for the use of septic.

Uh in this case, it's going to be resulting in one parcel with uh 0.20 acres of upland, and then the second one will be resulting uh with 0.29 acres of upland.

Um it's also worth mentioning that the uh uh applicant is looking to split the property uh so one of the parcels can actually be in compliance with the zoning district, which by the way it's going to be RSC six.

Um in addition to that, uh the applicant has obtained a septic system from the uh health department from Florida.

I don't know if you have any other questions, but more than happy um to help you and answer them.

Um I've had similar case in the past, and I think Miss Marshall, you helped me with this.

Is that there's a policy or our new land development code regulation that deals with being able to use septic uh on lots?

Correct.

The um the first and second splint of a parent parcel um can within the urban service area can be um can utilize septic, but then they are still subject to the um this section of the code.

Okay, unless they seek the variance, but the that new land of the code language it is it applicable to the situation, yes, yeah.

It is in the urban service area.

Okay, all right.

Uh no other questions, thank you.

Thank you.

Volume up and you turn yours down and see if you can hear back because I at this point in time, uh the applicant, please.

Good morning.

Good morning.

Tiffany Lane, 9912 and 9916 Alpha Vista Drive, Gibson Ton Florida 33534.

So the properties are already split.

We're just trying to shift the South Line South to make the vacant land a little bit bigger to be able to meet the requirement of 7,000 square feet, which currently it is 4,750 square feet, so it doesn't meet the requirement to be able to build a single family home on it.

Um we had a survey done on the property, and if we did ship the landline to where it is already fenced in, it would give us just over 8,000 square feet to be able to build a home on it.

We have got approval from the health department for a septic system, so we would like the variants to be able to move forward to ship the landline and build the home.

Okay, to be clear, you got sign off from the health department for septic tank on both lots, right?

Well, one's already there, right?

Yes, one's already there.

It's been there for 25 years.

Okay.

And do you have a well or do you have public water?

We have city water, yeah.

Okay.

City water.

All right.

Okay.

No other questions.

Thank you.

Thank you.

All right, ma'am.

I get you a sign in, please.

Yes.

Okay, is there anyone in the audience that wishes to speak in support of this application?

See no one responding.

Anyone in the audience wishes to speak in opposition?

This application.

See no one responding, staff.

Anything further?

Nothing further.

Okay.

And applicant, an opportunity for rebuttal.

Yes, sir.

Okay, no need for rebuttal.

With that, that concludes this application.

Ms.

Marshall, ready for the next item.

Next item is item H6, variance 260134.

The applicant is Melville Rodriguez.

The request is a variance to lock development standards.

Staff findings will be provided by Sierra James.

Good morning, Sierra James of Development Services.

The applicant is seeking a variance to the front and side yard setbacks in the RSC6 zoning district.

The required front yard is 25 feet, and the side yard is 7.5 feet.

The applicant is requesting a variance of 5.14 feet, resulting in a 19.86 foot front yard setback and a variance of 4.68 feet, resulting in a 2.82 side yard setback.

I'm available for any questions at this time.

Um no questions, thank you.

Thank you.

Applicant, please.

Good morning.

My name is Melbourne.

Um 4201 West Hamilton Avenue, Tampa, Florida.

33614.

Um an applicant, I'm a representing the owner.

Um I'm currently, I have this little site plan here.

Okay.

Um sorry.

Uh you can see this area right here.

Um, he guide the porch that you know, this is the new area they were talking about, and the front part as well, but this part the house was given to him that way, so there's no you know, way around it.

Um, and this area right here, he built this based on this part right here that it was given to him when he purchased the home back in 24.

I'm sorry, could you clarify the area that you've cross-hatched and red?

This area?

Yes.

Um, it's like a laundry or some storage area that it was built when he purchased already.

Okay, and it was and your point is is that it's currently in encroaching into the side yard setback?

Yeah, well, he actually went by like he made this part right here based on this line, so he didn't know that he was actually in the setback and in the in the setback.

Okay, and the purchase of the in this area right here.

Um, he purchased the house as it is.

I mean, he built some stuff there, but this property was the structure that is still there from 1950s, so they remodeled it, whoever did the previous owner, and um they did some stuff apparently, and he went by this side.

That's why.

All right, understood.

Anything else?

No, he knows that.

I mean, why he did some of it was incorrect, so we just want to see if can be approved.

All right, thank you, ma'am.

You're welcome.

This point in time, is there anyone in the audience that wishes to speak in support of the application?

Is no one responding?

Anyone in the audience wishes to speak in opposition to the application?

No one responding.

Staff anything further?

Nothing further.

Okay.

Applicant opportunity for rebuttal.

All right, thank you.

That concludes this application.

Ms.

Marshall Ray for next item.

Next item is item H7 variance 260148.

The applicant is Peter McConaughey.

The request is a variance to landscaping and buffer buffering requirements.

I'll present the staff findings.

Okay.

The applicant seeking a variance to the rural scenic roadways requirement to allow a fence within the scenic easement area along the perimeter of the single family residential development on West Knights Griffin Road.

The variants would allow a six-foot high fence within the 30-foot rural scenic easement.

Thank you.

The applicant, please.

Good morning, Mr.

Luce staff.

Todd Amoden, landmark engineering, 8515 Palm River Road in Tampa.

Representing the applicant, Miranda Holmes.

Also, we have a representative from Rhonda Holmes, Chris Torse is here as the builder developer.

If you have any questions, okay.

Mr.

Luce, pretty simple request.

I think staff's done a good job summarizing it.

Um this is a rural uh scenic corridor, requires a 30-foot undisturbed buffer and the construction plans and the draft final plat.

It's an easement, it's a protected one.

Simply an issue of safety.

Uh I believe that all these other developments that you see in subdivisions that back up to a collector or arterial road, there's safety issues.

There's issues with pedestrians, bicyclists, vehicles, trash.

Um we do wish to maintain the 30-foot uh rural buffer in that easement, as we talked about, but simply um a six-foot fence uh for safety purposes.

And the owner did compromise a bit instead of a solid fence, we're talking about a semi-private fence.

We looked at some other fences in the area and a split rail fence or something, maybe more in character with the rural, but it just doesn't provide the security that a six-foot semi-private fence would.

So if you if you could, is there an example of if you we say semi-private fence at four months from now somebody knows what that means?

There is a picture in the application, I just don't have it with me.

Okay, and I can resubmit that if needed.

That's fine.

It's in the record something.

It's in the record, and I won't regurgitate the six variance criteria, they all apply to it.

So I'm here to answer any questions you have, Mr.

Lewis.

All right.

Um was there any discussions about I think you're dedicating right-of-way for the future enhancements of the roadway?

Is there anything if that's an enhancement?

Yes.

Um, with any opportunity to put landscaping in the right-of-way, no, not really.

You know, we're in a rural area like that.

You have the turn lane, you have the minimum required ditch, which is a 19-foot ditch, four to one side slopes, three-foot bottom, four to one up, nineteen feet, two-foot uh flat, five-foot sidewalk, two foot flat, and you want some type of you you rarely put uh landscaping in the right-of-speaker.

So we have this buffer, and we will respect the buffer.

A lot of times in a different subdivision, you may see a hedge behind the sidewalk or some planting or some shade trees.

This we just simply want a six-foot fence for security.

Quite honestly, I'm surprised it's requires a variance.

I think it should be optional.

We talked about moving the buffer one or two feet off the right of way, can't do that.

Can't put the fence in the right of way, it's not your fence, it's our fence.

So it's pretty uh pretty simple calculation.

And the depth of those lots, you talked about 150 foot minimum.

And we're reserving the rear 30 feet in an easement for the natural state.

You put the fence on the other side of the easement on the lot side, the private side instead of the public side.

You're restricting the use of it.

Um, and again, you're just kind of opening up that right away.

Um just feel kind of it's the best compromise.

All right, you thought about moving the fence back two feet, three feet to put in bushes in front of the fence?

Sure, that makes it in the within the buffer as opposed to on the edge of the 30-foot buffer.

We can do that.

I don't know what um you know what the I guess I know what the spirit of the codes is, but we're not the letter.

What is the purpose of the buffer for the individuals or is it for the public right-away, or both or either probably both?

So I don't think that a fence is unreasonable.

There's fences again up and down that road.

They're more of a more of a split rail nature.

But doing the semi-private fence, I think was we need six feet.

Kids are playing.

The bicyclist doesn't have free, you know, the pedestrian doesn't have free access to the rear of those private lots.

Understood.

I just said it's a very rural area.

And just your clients here.

Yes.

Do they have any objections to setting back that fence?

What do you think is a reasonable distance two feet for plants to survive?

Are you suggesting that within the 30 feet we move the fence back two, three, five feet and plant?

Yeah, two feet, three feet, maybe at the most.

Yeah, there's no objection to that.

Okay.

Um, you apparently you're you have the power of your client to say that.

That's fine.

I do.

Okay.

All right.

Um, thank you.

I if you have no objections, uh, I would like to go in that direction.

Sure.

And if staff or the county turns office doesn't have a problem with conditioning this variance.

Uh I'd like to be able to consider that as an option.

I think if the property owner is volunteering to do that, that um that you may consider that.

I don't know that that the county would ask the property to do owner to do that, however.

Right.

Okay.

Okay.

Um I think he has.

We have indeed.

Okay.

And this the uh client.

Go ahead.

Go ahead.

Good morning.

For the record, Chris Tourism around the homes I am the client.

I have no problem setting the fence back a couple feet.

All right, let's do two feet if that's acceptable.

Perfect.

All right.

Thank you.

All right, at this point in time, is there anyone in the audience that wishes to speak in support of the application?

I see no one responding.

Anyone in the audience wish to speak in opposition to the application?

See no one responding.

Staff anything further.

Just wanted to just clarify for when you're reviewing the case.

Um, the the photograph of the uh example of the fence is in the correspondence folder in the optics application file.

Okay.

All right.

All right.

Uh applicant opportunity for rebuttal.

Nothing further.

All right.

Thank you, sir.

Thank you.

All right, with that, that concludes this application.

And Miss Marshall, ready for the next item.

Next item is item H eight, variance 260176.

The applicant is Kevin, Kevin McNamara.

The request is a variance to let development standards, and I'll present staff findings.

The applicants requesting variances to allow for a home to be rebuilt on the property.

A variance of one foot, two and a quarter inches is requested to the required 25-foot front yard setback to allow a 23-foot seven and three-quarter inch front yard setback.

A variance of 11 feet is requested to the required 25-foot rear yard setback to allow a 14-foot rear yard setback.

Happy to answer any questions.

Uh no questions.

The applicant, please.

Um my name is Kevin McNamara.

And my home is a 3905 Americana Drive, Tampa.

Um I was one of the uh one of the homeowners in David Shores.

It got flooded in the uh Helena.

And I've lived there since uh basically 1993.

Um in 1994, I did build a room edition with permits with the county that exists there now.

And basically we're just putting the structure, the new structure in the same footprint as the existing structure.

Okay.

Um where are you in terms of uh redeveloping the lot after the hurricane?

We're at the point now where once we get a fairness, we should be your our permit's been here for a while.

Okay, and we'll be getting the permit, you know, as soon as you make your decision.

All right.

So did you have to tear down the entire structure?

I haven't tearing anything down until we get this finalized.

Okay, you don't want to tear anything down until you got your permits.

Yeah, because basically we're just putting it right back in the same spot.

Okay.

And elevating it to 14 feet above, so if I get a flood, I don't go under again.

So when you do get your permits, are you you go do you have to tear down the whole house to tear the whole house down?

Get it up above finished floor elevation.

Correct.

So houses needs to come down because a couple reasons.

The uh the footer system on it, there's a lot of uh erosion under the footer system of the house from the storm.

Okay.

And the other the other part is we can't do anything with the house.

That's why we did repair because it's full mold.

And we did clean it up.

We took everything out like we're supposed to, but it's inhabitable at this point.

All right.

Um understand because uh it it so you have to bring it up like 12 feet or roughly your well, what's there now is basically going right back in the same place.

Okay.

This four it originally was a 14-foot setback, it's now like 15 and a half feet because there was some seawall repair done work between 94 and this time now, which makes it a little greater because the seawall goes out about 18 inches, which would put it 15 and a half feet.

Okay.

Um as far as the uh timeline is really important to me because I've been out of the house 15 months.

Right.

But if you could put on the record that the existing house is built at street level, roughly street level.

All right, and if the new house when completed, it'll be X feet above street level.

Oh, yeah, but absolutely right it'd be roughly 13 feet.

Yeah.

Before you're gonna everything's gonna be garage underneath, yep.

Not unusual.

I got the picture.

Yeah.

Uh understood.

Anything else?

Uh oh, yeah.

This is important.

On my street, their setback for the the buildings are actually from the seawall back to the structure.

On the other street, which is Versailles, is right directly across me, 150 feet away.

They use the center of the canal for their setback.

We look through the plates, and it, you know, and I've sat with Jim Blank and I showed Jimmy, and then Jimmy's like, that doesn't make any sense.

How can the adjacent property owners that are bulkheaded just like I am?

Right.

150 feet across the canal for me, could actually build five feet from the seawall if they wanted to, or right up against it.

Right.

And uh I look back at a little bit of history, and I have some stuff I could probably share with you that shows other structures there that are much closer where mine is and close to the number that I'm asking for.

Right.

Okay.

So that's that's that's it.

All right, I got thank you.

All right.

Uh make sure you sign in.

Oh sorry about that.

This point in time, is there anyone in the audience that wishes to speak in support of the application?

See no one responding.

Anyone in the audience wishes to speak in opposition to the application?

See no one responding.

Staff, anything further?

Nothing further.

Thank you.

Okay.

And sir, an opportunity for rebuttal.

Sir, anything further?

No, sir.

All right, very good.

With that, that concludes this application.

Ms.

Marshall, we're ready for the next item.

Next item is item H9, variance 260187.

The applicant is Minini.

Gotham Kumar.

The request is a variance to accessory dwelling requirements and variants to accessory structure requirements.

Staff findings will be provided by Logan McCain.

Okay.

Good morning, Logan McKay Development Services.

Variance 260187.

The applicant is requesting a variance to a side yard setback for an existing accessory dwelling and an existing accessory structure.

Accessory dwelling shall meet the principal building setbacks.

A 15-foot side yard setback is required for the AS1 district.

Applicants requesting a variance of 11 feet resulting in a four-foot side yard setback for the accessory dwelling.

Per section 61104 and 60101 accessory structures exceeding 15 feet in height shall meet the principal building setbacks.

Again, a 15-foot side yard setback is required for the AS1 district.

Applicants requesting a nine-foot setback resulting in a six um or nine-foot variance resulting in a six-foot side yard setback for the accessory structure.

And do you know what that was for?

Which one of the two buildings?

Yes, it was for the setbacks related to I'd not certain if it was for one particular building or both buildings together, but it was for the setback property.

Okay, got it.

Thank you.

Good morning, member.

Good morning, Chairs.

My name is uh Gautamukuma Raminini and uh my property are to 6620 Grace Metro.

Okay.

And I'm here to like I'm requesting approval to setback variance for my uh accessory structure and uh metal building located in my property.

I'm the new property owner for this property.

I purchased this property on July 2024 when I was purchasing this property.

Though all the structures are uh located within the property, and I got the violation and right away I contacted the uh violation inspector to uh get all these structures into the county's complaints and sir.

If you could, when did you buy the property?

Uh July 2024.

July 2024.

Yeah.

And do we have any evidence as to when those structures were played?

Do we have any evidence proof of when those structures were placed on the property?

Um after I purchased the property, like I made like a minor repairs um for the uh backside structure, then I got the violation, but I have the survey report that.

Okay, I want to know when those structures were first put on the property.

Um I was exactly not sure, like uh because as per the Google report, did you showing that like uh those structures present for like since 2019?

Um I'm not quite sure that answers my questions.

Do you don't know then when those structures were placed on the property?

Yes.

When were they put on the property?

Sir, can I answer for this?

I'm the co-owner on the property.

Yes.

Sorry, good morning, everybody.

My name is Vaishali Gandhi, and I'm the co-owner on the property, 6620 Great Sweat Road.

We purchased this property in July, like you said, back in 2024, the structures were already on the property.

So we are not sure when the when the structures were built in.

It was probably done by the previous owner or the prior owner to the owner.

Okay, so when you bought the property, those structures were there.

Yes, sir.

They were already on the property on the land.

Okay.

Okay.

Do you have any have you done any research on your own to find out when those permits were pulled for those structures?

Yes, I did send um after I purchased the property, like uh I did send an email to county uh requesting like any permits available in the county records, but unfortunately they said uh none of the permits are I mean, even for the main structure, they don't have any permits.

So then I was uh starting getting all the permits for the properties.

Yeah, I applied for the uh permit application, everything to county.

Okay, all right.

Okay.

I'm sorry to interrupt with questions, but uh I just want to understand when it was purchased and when those additional structures were placed there.

You may proceed with the rest of your presentation if you have anything further.

Sure.

Okay.

And I'm presenting the um survey report and the structures of the images of the property.

And um the whole property is like 1.3 acre agricultural single family home, and uh this is the main one.

Yeah, so this whole property is like 1.3 account agricultural single family home, and this is the main structure.

So right now, like I'm requesting uh approval for the variance for this wood structure as well as like metal shed.

So these two are like uh uh within the property, but those are like uh four feet away from the boundary line, and uh this one is like six feet away from the boundary line.

And uh when I applied the permit for these uh structures, like a county engineer notified that I need like minimum 15 feet setback, so that's why like I'm applying for the variance for these uh structures and uh images of the um structure.

So this is the metal shed that is located within the property, and uh, this is the uh ADU structure um right next to the metal shed.

So I'm requesting variance for these two structures.

Okay.

And sir, if you know the uh adjacent property where those sheds are located, do you know what's on their property directly adjacent to yours?

Yes, those sorry.

Uh they do have like a little storage sheds kind of thing, but the I think they are uh movable things.

Okay, but yeah, the owner uh we uh when we got the notice or the citation, we right away reached out to the inspector and we tried to do everything possible that we could in the trying to stay with the regulations and the codes.

Uh like I said, like previous owner had not done any of those uh uh permits.

So once we found out that we're not in compliance, we try to reach out to every every authority and try to be in compliance with.

Uh we also reached out to the uh uh surrounding neighborhood and the neighbors when we have to send out the mails and trying to see if they have any issue or problems, they can come back over here.

Uh but I think no uh our next door neighbor, we reached out to him as well, and he said he has no issues at all.

Okay, so that's what I would like to just conclude.

Okay, thank you, ma'am.

All right, thank you, sir.

Thank you.

All right, uh, make sure to sign in with the clerk.

Sure.

Thank you.

At this point in time, is there anyone in the audience that wishes to speak in support of the application?

I see no one responding.

Anyone in the audience wishes to speak in opposition to the application.

No one responding.

Staff anything further.

Nothing further.

Okay, Miss Marshall, I I did try to check on when those additional structures were built.

I didn't see when I couldn't tell based on looking route your patients' website.

Um looking at the uh GIS viewer, the different aerials, the accessory dwelling that shows as a woodshed on the survey.

It shows up between it shows on the 2016 aerial, but it was not on the 2014 aerial.

Um, and then the the metal shed um shows on the 2018 aerial, but was not on the 2017 aerial.

Okay, so they've actually been there quite a few years.

All right, thank you.

That's very helpful.

Appreciate that.

All right, an applicant and opportunity for rebuttal.

Uh no thanks.

Okay.

Thank you, sir.

Thank you, ma'am.

All right.

With that, that concludes this application.

Ms.

Marshall, ready for the next item.

Next item is item H10, variance 260188.

The applicants are Gregory La Chappelle and Sharon Giannata.

The request is a variance to let development standards and staff findings will be presented by Michelle Montabano.

Good morning, Mr.

Melton Allen Development Services.

The applicant is requesting a setback variance to accommodate a proposed solid roof screen enclosure.

The variance is associated with an active building permit to manufacture a solid roof onto the existing screen enclosure.

Uh the variance is based on LDC section 60104A in the parcel zoning district PD 920311, which states a minimum five yard five foot side right setback is required to maintain the minimum 10-foot buildings built 10 foot building spacing for the zero lot line lot as permitted by PD 920311.

The variance requested is for three feet, resulting in a two-foot side yard setback to the eastern property boundary.

Uh thank you.

Uh thank you.

All right, the applicant, please morning board.

Um, my name is Sharon Gianta.

I'm here with my husband, Greg La Chappelle.

Uh we are the property owners at 1941 Goldman Slipper Place in Leeds.

We're requesting approval of a variance to allow the replacement of our existing screen line with a new Lenai of the exact same size location and footprint, with the only modification being the addition of a solid roof with gutters.

We have already gone through the proper channels with our traditions at Villarosa HOA and received their approval of our project on October 17th, 2025.

The existing LANI has been in place for many years and is located within the same setback area for which the variance is requested.

This request does not involve any expansion of the structure, does not move it closer to any property line, and does not increase the degree of nonconformity.

The proposed improvement simply allows for the replacement of an aging structure with a more durable and functional one.

The situation we're seeking relief from is not self-created as the LANI and its placement predate our proposed improvements.

The variance is the minimum necessary to allow reasonable use of the property while remaining consistent with the intent of the HBC land development code.

The purpose of the solid roof is to improve safety, storm protection, and long-term maintenance.

The addition of gutters will improve storm water control and help ensure the runoff is properly managed to protect both our home and our neighboring properties.

We're aware of the concerns raised by neighboring property by a neighboring property owner regarding potential impacts to sunlight.

We respect that concern and would like to clarify that the size, location, and height of the structure will remain unchanged.

Because the Lenai is not being expanded or relocated, any shading will remain the same as what exists today.

In addition, the neighboring home does not have a Lanai or a patio in that area, so there are no outdoor living spaces directly affected.

A lattice fence covered in shrubbery already exists on the property line between the two rooms.

This request is consistent with the character of the neighborhood, in which numerous other homes currently have screen line eyes with solid roofs in place.

The approval of this variance will allow a reasonable improvement to our existing structure while maintaining the intent of the zoning regulations.

We respectfully request your approval, and we're happy to answer any questions.

Thank you for your consideration.

Okay, thank you, ma'am.

I do I just do have one question for you.

Is that you just mentioned that there is lattice work and shrubbery?

I can't see on top of the fence.

Can you hear me?

Um can you say that again?

I'm sorry.

Yeah, you just mentioned that there's lattice work and shrubbery on on top of the fence.

Do you know what the I'm sorry?

Same thing.

Okay, you mentioned that there is lattice work and shrubbery on top of the fence.

Do you know the height of it?

Uh the height of the fence is five and a half feet.

And do you know is the lattice work and shrubbery on top of the fence?

So it's even higher.

The fence is lattice, and the shrubbery is the whole entire fence and on top.

Okay, so the the height of the fence with the lattice work and shrubbery is five and a half feet.

It yes.

All right, under I got it.

Thank you.

Ma'am, can you state your address for the record?

I'm sorry.

I need you to state your address for the record, please.

1941 golden slipper place, please.

Thank you.

Okay.

All right, at this point in time, is there anyone in the audience that wishes to speak in support of the application?

We have two people online for support.

Okay.

I believe we could start with John.

Yes.

Can you hear me?

Yes.

Okay.

Uh I'm John Genoni.

I'm the uh one of her neighbors and uh representing the uh HOA.

And uh I'm on the uh committees of the board of directors, and uh the HOA initially reluctant to approve this, but however, with the um due diligence of the owners, they uh provide all the documentation that was necessary.

Uh um and in particular, we were concerned about the gutters, the water flow.

Um that was um already in this in the uh uh proposal, and uh it it is as a neighbor.

I am actually right next to it, and I'm seeing the um structure as it is now.

Uh it was not disturbing at all, it is well done, and this uh proposal will do nothing but uh improve the value of the property as and in addition to that we'll also um have a better water flow uh runoff with of storm water and uh brackly um if it's if it's uh gonna improve the value of the community in the house.

Why not?

And uh um so I'm favor.

Okay, all right.

Thank you, sir.

If you could for the record, what's the name of the HOA?

It's uh uh um traditions, and the sub um sub HOA of the main massive, which is um roster.

Okay, all right.

Could you also state your address for the record?

Sure, it is uh one line ball one three golden slipper place, looped floor three three by five eight.

Okay, all right.

Thank you.

Thank you, sir.

All right, and I believe there's another member.

Yes, we have Sandra Lindzer.

Yes, uh yes, can you hear me?

I'm Sander Windsor.

Yes.

Good morning.

Good morning.

My address is 19414 golden slipper place.

A lot of what I had prepared has been already um spoken about, but I wish to speak in support of our neighbor's request to make an improvement to their patio enclosure.

In my opinion, an enhancement made by a resident in our community is an enhancement for the whole community.

I understand their proposed changes have been approved by our traditions HOA already, and we do have a strong covenant um uh set of rules in our in our neighborhood, and we all appreciate that.

I understand the improvements include rescreening of existing screen, guttering, and installing a type of roofing over the patio area.

My husband and I, along with other traditions homeowners, have made similar improvements to our patios to make them more useful in uh in Clement and the special weather that our Florida has with the sunshine and and uh um rain.

Uh at the time that we put our screening on and our porch on and our patio, uh, there was no uh issues or objections raised by our neighbors with plans that have been made by uh Sharon and Greg and having engaged uh a licensed contractor, as I understand, to do the project.

I uh would not object to their application being approved.

Um I think it'll be an improvement to the neighborhood, and I thank you so much for your time.

Very good.

Thank you, ma'am.

Appreciate it.

Anyone else in the audience wish to speak in support of the application?

So we're responding.

Anyone in the audience wish to speak in opposition to the application?

We do have one member virtually okay.

That'll be Denise.

Go ahead, Denise.

Hey, okay, hi, I'm Denise Himes, and I live at 4731 Corsage Drive in the traditions at Villa Rosa.

Um, yeah, so I just want to go over a few things here.

Um, nobody in this community has a property line that is as close as ours is.

So this is a unique situation.

So if you need the history as to how this occurred and why we purchased the home, I can give you that information.

But I first want to point out that the customer or the applicant does not have a hardship, according to my observation and um you know, acknowledgement of reviewing things.

I think he's just looking for a special privilege at this point.

And to be quite frank, um I find this um process to be a little um unnerving, or very because of the situation.

I sent pictures, you can tell that I only have less than four feet in my backyard.

They're not going into a yard.

If run-up comes, if there's a hurricane, if there's debris flying all over the place, it's just gonna go right into my windows, right onto my house, right onto my land, right into my foundation.

So I just don't understand why the you guys don't see all this um prior to this meeting, and I'm concerned about fire concerns.

Um, but let me go in order.

So, my next um um contention here is um the board.

I think they're all in collusion, the HOA board, the HOA management team, and my neighbors apparently are all in collusion with this because nobody communicated with me.

This has been going on since August, and not one person gave me the opportunity to speak on my behalf because I'm the only affected property in the neighborhood that's gonna be most affected by this.

Plus, I'm gonna catch my breath.

There are no large screen line eyes in the entire community that have a roof on their lanai that is as large as this one and as high.

This is a 12-inch pitch.

There's gonna be three different slabs or whatever panels.

It's gonna be a hurricane disaster, it's gonna be things falling into my home, it's gonna be a water drainage issue.

I mean, I can just go on and on.

It's gonna be a noise issue, it's gonna be a tin roof.

Um, I don't know what to say.

It's a fire hat that I called the fire marshal department.

They didn't return my call.

I actually called um the number just to get further clarity on numerous things.

Um, and they they told me I had to speak to Michelle, even at the zoning division.

I suppose I was trying to speak to somebody there to find out what's going on, why is why we in this, why are we at this level?

And just to be clear, you're saying the HOA approved.

They did not approve it, it's with stipulations, clearly, and it's very odd that you guys have proved it.

It's clearly something going on here that's not that's not cool.

That's a little shady, as far as I'm concerned.

Um, with all that said, there's a huge negative impact on my home.

You're acting like yours is going to improve your property.

Well, you're going to highly negatively impact my property value.

Um, also, insurance.

My insurance may have to go up because of the slope of your roof going right into my home, not my yard, into my home.

This two-inch variants is going right directly on the fence, the fence line, which has shrubs on it, that I cut off my side and pushed them over to his side because I don't want them on my side.

But yes, there's a little, you know, that's the way it should be.

I don't even want the shrubs.

But anyway, um, there's no room.

So I'm trying to figure out why we're even here having this conversation.

Can I ask that question?

Uh Ma'am I can add it.

Under the circumstances, because there's my home is just too close to the property line.

And let me give you a history.

First of all, when we purchased the home, my husband and I in 2000 in December 2000.

Um, we were going to put a screened in Lenai ourselves until Daniel Pitts and his wife Rebecca Pitts that purchased the property that the new applicant owns.

Um, he purchased it in, I guess, October 2014.

They came hushing around saying, oh no, no, no, you can't put a thing because he worked for the builder.

He worked for Westfield Homes, the trim master, he's he's a trimmer, and apparently um at the last minute, we had a back-to-back closing.

We sold our house in Carrollwood to move here.

So it was a very um stressful situation.

It was very last minute, and so we said, okay, well, I guess there's nothing we can do, so we had to take a two-inch or whatever variants they took at that time.

They took our land, they literally took our land.

We were not happy about it.

We were in a situation that we had to close.

We had a back-to-back closing, and we weren't gonna go run away.

So, anywho, to have all these people defend this this project is just ridiculous.

I've been in the neighborhood for over 25 years, and it's clearly something's not cool.

So there's gonna be loss of light, there's gonna be mold, there's gonna be all kinds of things.

So I don't know how far I can go.

I guess I've never been in one of these situations.

Right, but uh your testimony is clear.

I I have your comments on on the record.

Um, I do because I I'm just really concerned about the process here because everything I'm reading, it's like I have to get an attorney.

I have to get an engineer out there to prove my um my case, and I find this to be so obvious that I'm having a nervous breakdown over it.

I don't understand.

So I just want to I can't figure this out that that were the zoning wouldn't speak to me when I called them.

There's even a number that they say, oh, you can call this number.

The zoning counselor said, Oh no, you need to speak to Michelle, she's above my grade pay grade or whatever.

And I'm just like, well, I and then I called the fire marshals, and they never returned my call to find out about the fire issues that could be uh you know happening and hurricane, and there's so many, there's so many variables for a 224 square square foot screen and I that not one that's not conforming with the community.

So for the HOA to have approved this without my consultation, without even consulting with me, is illegal.

Let me find out what I found.

Um I looked it up online that specifically says in our articles that the architectural control, section two, the procedure, all applicants to the eight should for the AC, the procedures for the approval at all times must offer any affected owner for any affected owner with a reasonable prior notice and a reasonable opportunity to be heard in person, and they nobody communicated with me.

Nobody came to me until the variant sign was up.

Then my neighbor came running to my home after I got home from the grocery store.

I had bacon in my hands, and I said, What's going on?

He goes, Oh, I just want to let you know that we have, you know, I was like, ah, yeah, I was definitely gonna go look into that after I put my groceries away.

But anyway, that was the only time I found out.

All right, thank you, ma'am.

Okay, all right.

Let me see if there's anyone else in the audience that wishes to speak in opposition.

No one responding.

Staff anything for you.

I have one more thing to say.

I have one more thing to say.

Maybe ma'am, I I've got your testimony on record.

We're good.

Thank you.

Can I staff anything further?

Nothing further.

Thank you.

Okay.

Uh applicated opportunity for rebuttal.

Yes, um, I'd like to say a couple things.

Number one, um, when you apply for an ARC in our community, it's presented at the monthly board meeting.

So anyone that attends the monthly board meeting has the has the opportunity at that time to speak up against um any requested arcs.

So, number one.

Number two, um, there are numerous homes in our community with the same situation.

Um, I could read you five of them right off the top of the list that are viewable from the street.

Um, one right across from us, 19409 Golden Slipper Place, uh, has a very very similar situation in their backyard as far as the distance between the houses, uh, 4601 Kersage Drive, same situation.

4623 Crusage Drive, same situation.

All of these homes have the same situation in their backyard, and all of these homes have large screened in Lenai's as well.

Um, so in closing, we just want to say we're simply asking for this variance to replace an old Lenai in the same location and the same size, um, so we can make a reasonable and long-term improvement to our home.

We're not asking to expand or change the footprint in any way, merely to add a roof with a slight pitch.

This request represents the minimum release necessary, and in fact, the gutters that we're installing will improve the drainage between our home and our neighbors by directing the runoff away from the homes, unlike what is the situation now.

We've been thoughtful of our neighbors and believe the proposal remains compatible with the neighborhood and consistent with the intent of the code.

We've already requested and received approval from our traditions at the Villa Rosa HOA through the proper channels.

We respectfully ask for your approval and we truly appreciate your consideration.

Thank you so much again.

Okay, thank you, ma'am.

With that, that concludes this application.

Ready for the next item.

This brings us to section I special uses.

Item I1, special use 26025.

The applicant is Maria Rodriguez.

The request is a special use to COP alcoholic beverage permit with separation waivers.

Chris Grandlinard will provide staff findings after presentation by the applicant.

Okay.

Applicant, please.

Good morning.

Good morning.

Turn it on.

Uh good morning.

My name is Terry Haley.

I reside at 108 Clock Tower Drive, number 160 in Brandon, 33510.

Um I am an agent representing the applicant.

And basically, we're just asking, we're requesting a two COP alcoholic beverage license in conjunction with an existing restaurant.

This allows for uh beer and wine sales.

The restaurant itself has been there uh going on a year and a half, um, and it's proven that you know, from request of customers, whatever, it would add a amenity to their business for their patrons to uh complement their meal uh with a beer or maybe some sangra or wine um in requesting this um license and through our survey we've determined that we need to request some distance waivers.

One of the waivers uh falls under the residential there uh it requests that uh the closest residential should be at least 150 feet away.

In our case, uh it's 126.2 feet.

Um to justify this, the location of the restaurant is on a busy corner, one of the busiest in Hillsborough County, it is uh West Waters and uh Habana, and it is on the west towards the southwest corner of those roads.

So it is a commercial district being on these busy roads, but around it and behind it are uh communities, residential communities.

So there's plenty of commercial, it's nothing new, we're not uh breaking into an area that's not developed or anything.

So the separations, even though it falls under the 150 feet, there's there's natural uh buffers, there's trees, there's fences, there's walls, and like I say, it's not like we're all of a sudden plopping a commercial um establishment in the middle middle of residential.

So they opted the neighborhoods are behind and pretty much around the whole thing.

So that's it on the residential side.

Then there's also a distance requirement for community um organizations and such.

And in our case, there are two churches.

Okay, one church is located to the north of the property, and it is that makes it on the north side of Waters Avenue.

And that distance for the uh let me see, it is the I'm sorry, the Oak Grove uh Methodist Church, their distance is 184 feet.

Our justification there uh again, it's a well traveled, a uh very busy area.

Um it does measure at 184 feet, but if you uh talk about the necessity to either walk to or from uh or travel in a vehicle in doing so and breaking the medians, crossing the parking lots, crossing the main roads and stuff, it generates an area which is much more a distance that is much more than 500 feet.

That's the first one.

Basically, it's the same defense on the second um community service, which is also a church, it is located uh south of the uh proposed uh premise, and it is it measures 384 feet.

Again, we're asking for a waiver, which is just shy of 500, but again, you have streets to talk about, you have uh foliage, you have sidewalks, you have crosswalks again.

So traveling to and from or uh these two different um destinations, it's well over the 500 feet, whether you're walking, bicycling, vehicle, wherever.

So again, uh our request is just for a two COP beer and wine license in conjunction with the restaurant uh for with uh sell for on-premise consumption only.

Okay, thank you, sir.

I get you to sign in, please.

And staff.

Good morning.

Good morning.

Um Chris Grailinar, planner with development services.

Uh I'm presenting uh special use application uh beverage permit application uh 26 uh 225 for the Esquina Sabrosa restaurant located at 2730 West Waters Avenue.

Uh the request is for a two-cop classification, allowing beer and wine sales for on and off-premises consumption.

Property is owned uh commercial neighborhood, which supports the proposed use.

The applicant seeks waivers from standard distance uh separation requirements uh from a community use.

Uh the required 500 feet is reduced to 184 feet from Oak Grove United Methodist Church and uh 384 feet from the Faith Baptist Church from the residentially zoned property, the required 250 feet is reduced to approximately 126 feet.

Uh staff reviewed the request under LDC section 6.11.11.e.3, which allows waivers where unique circumstances negate the necessity for strict distance requirements.

Given the commercial character of the area, uh physical buffers and the nature of the business.

Uh staff finds the impacts minimal recommendation.

Uh staff finds the request approval for the two-cop permit uh with the requested waivers for a wet zone footprint of 2,762 square feet.

That answer any questions you might have.

Yeah, no questions, thank you.

Thank you.

See no one responding.

Anyone in the audience wishes to speak in opposition to the application?

See no one responding.

Staff, anything further?

Nothing further.

Okay.

Applicant opportunity for rebuttal.

Uh no rebuttal, but I apologize.

Did I go out of order there?

No, you're not of order there.

So do you have gone first and so you're fine.

Okay, I apologize if I fuck the system there.

Okay.

All right, well, that that concludes this application.

Ms.

Marshall.

At a point where we will return to one we held in abeyance earlier.

Yes.

Um H1 variants 2513 12.

The applicant is here now.

Okay.

All right.

Very good.

Um guys staff want to present the.

I guess she did.

It was on the record.

Yes.

Okay.

At this point in time.

The applicant.

Yes.

Good morning.

My name is Luis Alonso.

I live living on Tritramard Ray, Tampa Florida 33613.

Back in my condo.

Is the yours, Carmai Rota?

That were with me.

Yeah.

All right.

Good morning.

My name is Jorge Camarota.

7345 have on all the road.

I'm here to help her because her English is not that good and she feels a little bit ill at the moment.

So to make her life a little bit easier.

So we're here for the property located at 60.

Sorry.

6802 Rose Rosewood Court.

The variance is for uh reduction on the on the setbacks for the porches.

Uh section 6.01.03.

The proposed uh porch uh which is existing at the moment uh will be located at 8.2 feet from West Elm Street, and uh uh the requested variance is for 6.8 feet from the required 15 foot uh food uh porch setback to allow the porch uh to sit at 8.2 feet.

Uh it is also good to know that these uh property and uh the the lot itself, the properties uh is a non-conforming uh structure.

Uh if you go from the property line to the actual setback that needs to be met is 25 feet.

The 25 feet line files uh way over the the actual structure.

So uh there is many things uh at this case, so we're to requesting the variance for the porch, but uh we just wanted to let know that this was uh another issue that arose when we uh were doing the investigation for the variance.

Okay.

All right, thank you.

Thank you.

At this point in time, is there anyone in the audience that wishes to speak in support of the application?

And if I could get you both to sign in with the clerk again, is there anyone in the audience that wishes to speak in support of the application?

See no one responding.

Anyone in the audience wish to speak in opposition to the application?

We do have one member online uh in opposition.

Scott.

Go ahead, Scott.

Hello, my name is Scott Gonzalez.

My address is 5820 North Church Avenue.

I'm the current president of the town and country parks civic association, and I want to speak specifically against uh section five of the applicant's variance criteria response.

Um two points.

One that they state that the uh um that the uh code enforcement uh complaint that has been adjudicated and the the um encroachment and the setback is not the result of intentional wrongdoing or negligent action, and that it also approval of this variance would uh preserve the neighborhood character and minimize any negative impact.

Um I did provide some attachments, they are online in optics.

I don't need to uh display them now, um, but I will um describe them for you.

Um the first is um a letter that basically um includes what I'm about to go through now, and the second um underscore one is a collection of photographs from the county's um aerial survey history going back uh starting with 2008 to the 2010 window.

Um during that time, a um significant renovation uh was made on the west side of the house without a permit in the timeline from 2016 to 2017, and uh entrance was added on the second floor on the west side of the house with the staircase added um in the period from 2018 to 2019.

Uh porch was added to the south side of the house.

Um this was the first of two porches constructed in the setback.

This was a flat roof porch uh visible on the March 1st, 2019 aerial survey, and uh from the period 2019 to January 2020, uh the swinkhole in the backyard was filled in.

And from the period 2019 to January 2020, the swinkhole in the backyard was filled in.

No permit was filed for that either.

In 2020, between January 2020 and March 2021, a 900 square foot two-bedroom, two-bath house was built in the backyard, and the exterior staircase on the back of the house primary residence was removed.

The property owner started the ADU application process for this building, but they came up against some stop work orders for building permits, and they proceeded to complete construction anyway and then get the permits after the fact.

Occupancy was issued for the ADU approximately 2022.

In the period from 2024 to July 2020, February 2024 to July 2024, the flat roof porch of the setback in question was replaced with a peak roof porch.

No permit for that either.

So additionally, an attachment uh Gonzalez underscore two.

I have some aerial photography from January 7, 2025.

Um it shows the property as it basically um exists today, and you'll note the um outlines of many different um fenced segmented areas in the backyard that I believe, in addition to the um detached accessory dwelling indicate that the primary residence is probably been subdivided into uh multiple attached accessory dwelling units, including in the setback in question, the reason that they want a porch on the um in the setback is because that lower level of the um split level ranch has been most likely turned into a standalone apartment in that attachment.

But you'll also see some photography that was taken by the code enforcement officer on this April 4th, 2024 uh site visit um and a photograph that was taken October 15, 2025.

Uh note the um fences around the property are um lettered with different numbers indicating different apartments.

Um finally um I've attached a copy of the uh property owner's owner builder disclosure statement from the construction of the detached ADU in which they state that the um you know in in exchange for uh exemptions on certain permits that um the construction would be uh for the occupancy or use of the owners and not for sale or a lease that documents signed by the property owner.

Um and so I moved to my arguments.

Um first regarding uh the um the alleged or uh statement from the uh applicant that this um was not the result of intentional wrongdoing or negligent action by the applicant uh well based on the record of the property visible from the aerial survey and the lack of permits for multiple different construction projects.

I'd say that there's a pattern here of unpermitted construction that continued uh with this uh peak roof portrait question, and to the point about um that acceptance of this variance would be in the interest of preserving the neighborhood character and minimizing any negative impact.

I would say that you know, and on behalf of the civic association, that what we'd like to see is single family residents, and that's the neighborhood character that we're looking for, um, not uh subdividing single family residences into um multiple apartments, particularly when they are not owner-occupied as required for an accessory dwelling unit.

Um that concludes my comments.

Thank you very much.

Okay, thank you, sir.

One more thing, I just wanted just to clarify that it's a recommendation of both myself as a resident and of the um civic association which voted as a board on this that um we recommend that you deny this variance request.

Thank you.

All right, thank you, sir.

Step uh sir, have you met with the development services staff to discuss these broader issues that in part or outside the scope of today's variance hearing?

Uh not on this particular uh property, no.

Okay.

I mean, a lot a lot of the comments that you made, uh, just so you know, are a little bit outside the scope of the variance hearing.

Um but point well taken, they're on the record, and we understand the concerns of yourself and um the town and country civic association.

Um else in the audience that wish to speak in opposition to the application.

See no one responding.

Uh staff, anything further?

Nothing further.

Thank you.

Um they may ask you as well.

Have you met with anybody in this neighborhood about these larger issues?

No.

Okay.

All right.

The applicant, an opportunity for rebuttal?

Uh we just want to say that uh our presence here is just for the for the side porch and not the other issues that have been brought up.

So that's all we're gonna say now.

Okay, all right, thank you.

All right, with that, that concludes this application, and that concludes this morning's land use hearing officer hearing.

We are adjourned.