OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Hillsborough County Land Use Hearing Officer Meeting - February 9, 2026

Hillsborough County Archive View PageMonday, February 9, 2026
BodyHillsborough County, Florida
SessionHillsborough County Archive View Page
DateMonday, February 9, 2026
StatusFILED
Video Record
0:00 / 1:52:00

Transcript — Verbatim
2:19

Good morning.

2:20

My name is Steve Luce, and I am this morning's land use hearing officer.

2:24

Welcome to the February 9th, 2026 hearing.

2:29

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

3:06

Good morning, Colleen Marshall Development Services.

3:09

To my left is Mary Dorman of the Hillsborough County County Attorney's Office.

3:12

During the course of the hearing, a number of other staff planners will be presenting their findings for various cases.

3:18

Let me introduce for each item.

3:23

Agenda page six.

3:25

Item H four variance twenty six zero two nine six.

3:44

Okay.

3:45

Does that mean we're going to hear that one first or yes?

3:48

Okay.

3:49

Got it.

3:50

All right.

3:59

And then we'll get started with this morning's agenda items.

4:03

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

4:21

I will ask questions related to the scope of direct testimony.

4:46

Hearsay evidence may be used to supplement or explain other evidence, but shall not be sufficient alone to support a finding by me unless it would be admissible over objections in a civil action.

5:00

Now I'll go over the order of presentations.

5:04

For the variances, the development services staff will present their findings.

5:08

They have five minutes for that purpose.

5:11

Then the applicant presents their variance requests, and they have a total of 15 minutes for that purpose.

5:17

Then anyone in the audience who wishes to speak in support, there's a total of 15 minutes for that purpose.

5:24

Then anyone in the audience who wishes to speak in opposition, they have 15 minutes for that purpose.

5:31

Then development services may come back and ask for any changes or provide additional comments.

5:38

They have five minutes.

5:40

Then finally, the applicant has five minutes for rebuttal.

5:43

We have two special uses on this morning's agenda.

5:48

In that case, the applicants go first and they have 15 minutes to present their case.

5:53

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

5:58

Then the planning commission, I don't think the planning commission is here today, but so we'll skip over that part.

6:03

All right.

6:04

Then those in the audience that wish to speak in support have 15 minutes in total.

6:09

Then those in the audience who wish to speak in opposition have 15 minutes total.

6:13

Then development services has five minutes for additional comments.

6:17

And finally, the applicant has five minutes for rebuttal.

6:21

Regarding the time for proponents and obonits, the 15-minute time frame is the total time for each category.

6:31

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

6:40

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

6:46

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

6:52

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

6:59

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.

7:08

The sign in pad is at the end of the podium here.

7:13

If you could raise your hand, that's where you sign in.

7:18

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

7:26

I'm good morning.

7:27

This is Mary Dorman from the County Attorney's Office.

7:30

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

7:35

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

7:39

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.

7:47

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

7:52

Should a decision of the land use hearing officer 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.

8:04

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.

8:16

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.

8:28

The following shall have standing to appeal a decision of the land use hearing officer or to intervene in an appeal.

8:35

One, the applicant, or two.

8:37

Anyone who 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.

8:46

It is the role of the county 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.

8:57

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

Discussion Breakdown — Share of Meeting
Zoning███████████████████████████████31%
Land Use Hearing█████████████████████████████29%
Alcoholic Beverage Permits███████████11%
Procedural█████████9%
Engineering And Infrastructure█████████9%
Environmental Protection████4%
Code Enforcement███3%
Legal██2%
Public Safety1%
Summary of Proceedings

Hillsborough County Land Use Hearing Officer Meeting - February 9, 2026

On February 9, 2026, the Hillsborough County Land Use Hearing Officer (LUHO) convened a public hearing at 9:00 AM in the County Center to consider variance and special use applications. The meeting was presided over by Hearing Officer Steve Luce, with staff from Development Services and the County Attorney's Office. Seven applications were continued to March 9, 2026, one variance was opened and continued to April 13, 2026, and eight applications were heard and are pending determination by March 2, 2026. Public testimony was received on two items.

Public Comments & Testimony

  • VAR 26-0247 (Hernandez): Julie Hurst, representing the 12 Oaks Special District, spoke in opposition to the variance request, arguing that granting it would set a precedent for other homeowners to build without permits and then seek forgiveness. The applicant, Liuvan Hernandez, explained that the fence and small accessory structure (96 sq ft shed with half bath) were built without knowledge of corner lot setback requirements, and that he had passed all inspections except final due to the setback issue.
  • VAR 26-0321 (Yessi Mar Enterprises): Henry Stillball, representing neighboring properties at 2503-2509 Ranch Lake Circle, spoke in opposition citing concerns about water drainage/flooding, privacy from proposed two-story homes, and potential impacts on septic systems. He requested an 8-foot fence if the project proceeds.

Discussion Items

  • VAR 26-0227 (Remson): Applicant Matthew Remson requested a variance to allow a staircase to remain 10 feet from the side property line (instead of the required 25-foot setback). Staff noted the staircase was excluded from a prior nonconformity approval. The hearing officer questioned the measurement, and the applicant agreed to continue the case to April 13, 2026, to verify the distance.
  • VAR 26-0247 (Hernandez): Variance for a 6-foot fence within 2 feet of the front yard (13-foot variance) and an accessory structure at 5.5 feet (9.5-foot variance) on a corner lot. The applicant stated he built without knowing the setback rules and passed all inspections except final. Code enforcement cited him in July 2025. The hearing officer heard testimony from the public and staff, then held the case pending.
  • VAR 26-0256 (Davis): Variance for a 0.21-foot side yard setback for an existing house and a 1-foot setback for mechanical equipment (generator). The applicant explained the home was built slightly off-center and that existing AC and pool equipment already violate the setback. No public opposition. Heard and pending.
  • VAR 26-0296 (Rendon & Morales): Variance to encroach 22.9 feet into the 30-foot wetland setback for a commercial building, sidewalk, and parking area. The applicant's engineer detailed efforts to minimize impacts, including redesigning to avoid wetlands entirely and obtaining EPC approval. The hearing officer conditioned approval on a minimum wetland planting plan. Heard and pending.
  • VAR 26-0321 (Yessi Mar Enterprises): Variance to include shared driveway easements in lot area calculations for a 4-lot subdivision. The applicant argued that the county required shared driveways to limit access to Livingston Avenue, but the hearing officer noted no written documentation. Transportation staff confirmed that individual driveways would not be permitted due to arterial road spacing requirements. The hearing officer questioned the practicality of shared driveways and potential for future disputes. Heard and pending.
  • VAR 26-0345 (Kulichik): Variance for a 7-foot high fence (1-foot variance) on a sloped lot. The applicant cited privacy and security concerns after theft. No public opposition. Heard and pending.
  • VAR 26-0379 (Goins): Variance for a ground-mounted solar panel at 12.83 feet front setback (from 50 feet) and 9.26 feet side setback (from 15 feet). The applicant explained that tree shading, existing structures, and vehicle access prevented placement elsewhere. The homeowner spoke in support. No public opposition. Heard and pending.
  • SU-AB 26-0312 (Saju): Special use for a 4-COP alcoholic beverage permit (on- and off-premises) for a Home2 Suites hotel with a distance separation waiver from residentially zoned property (88 feet away, multi-family gated). Staff supported the request. No public comments. Heard and pending.
  • SU-AB 26-0357 (Farandulero Pizzeria): Special use for a 4-COP-RX alcoholic beverage permit (beer, wine, liquor) for a restaurant with a 92-foot waiver from the 150-foot separation requirement (resulting 58-foot separation). Staff noted a prior (1981) permit for 2-COP-RX on the same property and recommended rescinding it. No public comments. Heard and pending.

Key Outcomes

  • Continuances to March 9, 2026 (7 applications): VAR 24-1128, SU-SCH 24-1335, SU-AB 25-1115, SU-OPF 25-1192, VAR 25-1340, VAR 26-0291, VAR 26-0381.
  • Continued to April 13, 2026 (1 application): VAR 26-0227 (Remson) – opened and continued to allow applicant to verify the distance from stairs to property line.
  • Heard and Pending Determination (8 applications, decision due March 2, 2026): VAR 26-0247, VAR 26-0256, VAR 26-0296, VAR 26-0321, VAR 26-0345, VAR 26-0379, SU-AB 26-0312, SU-AB 26-0357.
  • No applications approved or denied at the hearing; all decisions will be filed by March 2, 2026, except the continued item which will be heard in April.

Meeting Transcript

Good morning. My name is Steve Luce, and I am this morning's land use hearing officer. Welcome to the February 9th, 2026 hearing. And before we get started, if we could all stand for the Pledge of Allegiance. Good morning, Colleen Marshall Development Services. To my left is Mary Dorman of the Hillsborough County County Attorney's Office. During the course of the hearing, a number of other staff planners will be presenting their findings for various cases. Let me introduce for each item. Agenda page six. Item H four variance twenty six zero two nine six. Okay. Does that mean we're going to hear that one first or yes? Okay. Got it. All right. And then we'll get started with this morning's agenda items. Our hearing consists of agenda items that require a public hearing by the land use hearing officer. I will ask questions related to the scope of direct testimony. Hearsay evidence may be used to supplement or explain other evidence, but shall not be sufficient alone to support a finding by me unless it would be admissible over objections in a civil action. Now I'll go over the order of presentations. For the variances, the development services staff will present their findings. They have five minutes for that purpose. Then the applicant presents their variance requests, and they have a total of 15 minutes for that purpose. Then anyone in the audience who wishes to speak in support, there's a total of 15 minutes for that purpose. Then anyone in the audience who wishes to speak in opposition, they have 15 minutes for that purpose. Then development services may come back and ask for any changes or provide additional comments. They have five minutes. Then finally, the applicant has five minutes for rebuttal. We have two special uses on this morning's agenda. In that case, the applicants go first and they have 15 minutes to present their case. Then development services presents their staff report and they have five minutes. Then the planning commission, I don't think the planning commission is here today, but so we'll skip over that part. All right. Then those in the audience that wish to speak in support have 15 minutes in total. Then those in the audience who wish to speak in opposition have 15 minutes total. Then development services has five minutes for additional comments. And finally, the applicant has five minutes for rebuttal. Regarding the time for proponents and obonits, the 15-minute time frame is the total time for each category. If there are a number of people to speak, we will 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 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. The sign in pad is at the end of the podium here. If you could raise your hand, that's where you sign in. At this point in time, the county attorney's office will now provide legal requirements for appealing a decision made by the land use hearing officer. I'm good morning. This is 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.

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