Land Use Hearing Officer Hearing - August 10, 2026: Variance and Special Use Applications
Land Use Hearing Officer Hearing - August 10, 2026: Variance and Special Use Applications
The Land Use Hearing Officer (LUHO) hearing was held on August 10, 2026, at 9:00 AM at the Hillsborough County Center, Tampa, FL. Hearing Officer Susan Finch presided. The agenda included several variance and special use applications. All testimony was under oath. The hearing officer will file recommendations/decisions by August 31, 2026.
Consent Calendar / Continuances
- Six applications were continued to the September 14, 2026 LUHO hearing without being heard: VAR 26-0833, VAR 26-0958, SU-OPF 26-0973, VAR 26-1039, VAR 26-1092, VAR 26-1093.
Site Development Variance Requests (Wetland Setback)
- VAR 26-0967 (Sean Jones): Request to encroach up to 24 feet into the 30-foot wetland setback for a pool and existing structures. Applicant Lori Summers testified. Staff noted EPC approval needed. The case was heard and continued to September 14, 2026.
- VAR 26-1057 (Darrell Curts): Request to allow a 20-foot encroachment for a pool. Applicant represented by agent. Staff noted 10-foot remaining setback. No public opposition. Heard.
- VAR 26-1102 (Shane Garvey): Request for 15-foot encroachment for an accessory structure. Applicant cited property constraints including flood zone and limel wall. No opposition. Heard.
Variance Requests (Other)
- VAR 26-1069 (Pressman & Assoc.): Variance to reduce the required 200-foot separation between a drive-through order box and residential zoning to 61 feet (139-foot variance) at 100 FT N of E Dr. Martin Luther King Jr. Blvd. Applicant proposed mitigations. No public opposition. Heard.
- VAR 26-1090 (Jay & Angela Loyd): Variance to allow a 21.8-foot tall accessory structure (height limit 15 feet) at 3822 Ralston Rd. Existing structure built without permit. Applicant argued hardship. No opposition. Heard.
- VAR 26-1096 (Joshua Trent Bush): Variance for an 8-foot privacy fence in front yard (max 4 ft) and 8-foot fence in side yard (max 6 ft) at 2804 Kimmi Tree Ln. Applicants cited security and privacy concerns due to neighbor issues. Provided police reports. No opposition. Heard.
- VAR 26-1103 (Luisa I. Alonso): Variance to reduce rear setback from 10 ft to 5 ft 4 in and side setback from 5 ft to 3 ft 4 in for existing addition at 8403 Seven Coves Ct. Applicant argued pre-existing condition. Opposition from neighbor Maria Chacho and tenant Lourdes Ortega, citing parking issues and multi-family use concerns. Hearing Officer noted code enforcement may address rental issues. Heard.
- VAR 26-1125 (Jeffrey Zock): Variance for 6 ft 10 in fence in front yard (max 4 ft) and 8 ft fence in side yard (max 6 ft) at 4907 Troydale Rd. Significant opposition from attorney representing adjacent property owner, engineer, and contractor, citing boundary dispute, unpermitted construction, structural instability, and flood risk. Applicant asserted permit applied for. Heard.
- VAR 26-1133 (Casey J & Abigail M. Kotchman): Variance to allow 6-foot fence in front yard (max 4 ft) at 18623 Dorman Rd on 10-acre rural property. Applicant cited privacy and child safety. Opposition from neighbors citing neighborhood character and concerns about commercial use (sports training facilities). Heard.
Special Use Requests
- SU-SCH 26-0795 (Universal Academy of Florida): Request to increase student capacity from 400 to 950 at 6801 N Orient Rd, with no building expansion. Applicant presented school's achievements. Planning Commission staff noted non-compliance with mixed-use policy due to insufficient secondary use square footage, but staff recommended approval. No public opposition. Heard.
- SU-CRH 26-0796 (Country Place Assisted Living): Request for 5,000 sf building addition with waiver of 500-ft separation requirement (25-ft separation) at 10515 Memorial Hwy. No change in resident capacity (25 beds). Staff and Planning Commission support. No opposition. Heard.
Key Outcomes
- All six continuances were granted to September 14, 2026.
- Most variance cases were heard without opposition; decisions pending.
- Two cases (VAR 26-1103 and VAR 26-1125) involved significant public opposition; VAR 26-1133 also had opposition.
- The special use requests were heard; no public opposition recorded.
- The hearing officer will issue written decisions by August 31, 2026.
Meeting Transcript
Welcome to the works. We're going behind the scenes with Hillsborough County's temporary traffic control to find out how they plan, manage, and monitor our roadways and traffic all while keeping the county running smooth. TTC is good morning. If you could please stand for the Pledge of Allegiance. I pledge allegiance to the flag of the United States of America and to the Republic for which it stands. One nation under God, indivisible with liberty and justice for all. Thank you. Please have a seat. Good morning, everyone. I want to welcome you to the August 10th, 2026 Land Use Hearing Officer Hearing. My name is Susan Finch, and I will be presiding as the hearing officer over today's agenda. Let me start by introducing Ms. Colleen Marshall. She is with the Development Services Department, and she will introduce other staff members that will participate in today's hearing as well as go over any off-the-agenda changes, Ms. Marshall. Good morning, Colleen Marshall Development Services. To my left is Jared Delfina, the Hillsborough County County Attorney's Office. Carmen Mason of Development Services staff is joining us virtually. Alexis Myers of Planning Commission staff will be presenting virtually. During the course of the hearing, a number of other planners will be presenting their findings for various cases when we introduced for each item. We have no changes to the published agenda. Okay, perfect. Thank you so much. I'll start this morning by going over our procedures for today's hearing. Our hearing today consists of agenda items that require a public hearing by a land use hearing officer. I'll conduct a hearing on each agenda item and we'll file a decision within 15 business days following today's hearing. Our hearing today is informal. I'll ask questions related to the scope of direct testimony. I may call and question witnesses as I deem appropriate, and I will decide all questions of procedure. I'll take evidence but will exclude evidence that is irrelevant immaterial or unduly repetitious. Evidence may be presented in written form, and all testimony must be under oath. 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. Our order of presentation for today's cases is as follows. For variances, the development services department goes first. They have five minutes to present their staff findings. Then next we will go to the applicant. We'll then turn to proponents, anyone who would like to speak in favor of an application. Everyone combined, 15 minutes. The same is true next one when we go to opponents. Anyone who would like to speak against an application. Everyone together, 15 minutes. We'll then go back to the development services department to see if they have any comments or changes based on today's testimony. And then finally we go to the applicant. The applicant has the last word with five minutes for rebuttal. You'll notice on our agenda that we start the majority of the uh cases are variances, and that is the order. The staff goes first. At the end of the agenda, there are a few special use applications, and the only difference in that is the applicant goes first. So staff goes first on the variances and the applicant goes first on special uses. I don't know if we'll have this issue, but I'll I'll put it out there anyway, just for that time allotted, that 15 minutes for both proponents and opponents when we get to that section of the hearing. Either those who want to speak in favor or against, and I will ask to rate uh for those who want to speak to raise your hand.
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