thank you to catch up all right good afternoon i'm going to call to order the july 25th 2024 hearing officer meeting i'm sorry is your mic on my mic is on yes okay um are we good to go he's gonna have to catch up okay i apologize um we are going to get started um there are agendas for everyone on the back table also on the back table are forms you can fill out if you would like to speak or receive a copy of the final decision on any case on today's agenda if you think you might want to speak during the hearing you will need to complete a speaker form once the form is completed please hand it to our clerk i'm barry buenaventura an attorney with con and buenaventura pa in tama tampa i have been appointed by the board of county commissioners to be a land use hearing officer to hear variants and special exception cases if anyone has a pending case in which i or my firm is representing you please bring that to my attention now as we want to avoid any potential conflicts i have reviewed the cases and i don't believe that to be the case but please let us know if you think so during this meeting please put all cell phones and other communication devices on silent the cases will be called today in the order listed on the agenda unless there is a request for a case to be taken out of turn these hearings are quasi-judicial which means they require due process and the decisions are to be based on competent substantial evidence presented during the hearings county staff will present the county's review and recommendation on the case first and then the applicant may present any additional information they would like to provide after the applicant has concluded their presentation i will open up the hearing for public comment this is the public's opportunity to provide any information they have and express their opinions on the application if you have any questions that come up during the presentation you can ask them during your time to speak please do not ask questions or make comments from the audience while others are speaking at the podium the county the applicant and i will note questions you raise during your comments and try to have them answered following the close of public comment when it is your turn to speak either for your case or during public comment please state your name and address for the record into the microphone these proceedings are recorded and it is important that you speak into the microphone to ensure an accurate recording after public comment closes the applicant and the county will be given the opportunity to answer any questions or reply to comments that may have come up during the public public comment period they will also be able to make any concluding statements they may have the hearing will close for each case following the concluding statements of the parties my decision will not be given today but will be provided in a written final order within 14 days of today again if you would like a copy of the decision please fill out the form on the back table and provide it to the clerk for the record i want to note that i have received no ex parte communications that means that nobody has contacted me about these cases outside of today's hearing if anyone should need an interpreter please let the county clerk know and they will try to arrange one for you all testimony today must be given under oath so i will now ask our clerk to swear in anyone who plans to speak during the hearing if you are going to address the land use hearing officer on any case today please stand raise your right hand and answer out loud to the following question do you swear or affirm the testimony you provide today is the truth the whole truth and nothing but the truth thank you okay the first item on today's agenda is approval of the minutes from the june 27 2024 land use hearing officer meeting i have reviewed those minutes and they are accepted uh we will now move into new business and the first item on the agenda is ldl var 2023-54 eric peterson for the land development division ldl var 2023-54 russell dunn is requesting a variance to reduce the right-of-way setback from a local road from 20 feet to one foot for an attached screen room and patio cover on 0.29 acres in a residential suburban district the property is located at 2416 tiny terrace east of thompson street south of plum avenue north of cherry avenue west of garden street east of auburndale in section 21 township 28 range 25. ian nance is the case planner uh we've we sent 35 mailers out uh to area residents on july 10th two boards were posted on the property on july 2nd a legal ad was posted in lakeland ledger on july 12th we've had no response ian nance is the case planner good afternoon good afternoon ian nance land development staff recommends approval of this request for a variance to decrease the right of way setback from a local road from 20 feet to one foot to accommodate an attached screen covered patio the site is within a residential suburban land use district where minimum lot sizes are typically five acres this 0.29 acre parcel however was created prior to the adoption of the comprehensive plan and land development code when minimum lot size requirements were 6 000 square feet with setbacks that were reflective of these lot sizes subject mobile home was placed on site in 2004 certificate of occupancy was issued by the building department with 12 foot setbacks from the right of way which was incorrect at the time for either rs standards or the previous zoning setbacks we can check further with the applicant but it's my belief that the setbacks then were measured from the edge of pavement rather than the property lines regardless a large septic drain field required the mobile home to be placed the eastern side of the property the home sits on the property at angle two kind of in relation with tidy terrace the request is for 180 square foot patio cover that will be at least one foot at its closest point to the property line despite its proximity to the right of way staff finds no reason that this request would be injurious to the area it's a modestly sized accessory structure and this property is to the northwest corner of the neighborhood where there's little traffic on top of that there's still 16 feet of right away before the edge of pavement and there are far larger patios and carports in this area a lot size is similar to those and others on this block but none of them have this septic drain field like this property does which is almost hip high on me again staff recommends approval finding the request is not injurious to public welfare and that the property and placement of the home demonstrates significant hardships on the placement of the proposed structure without a thank you we'll stand for questions why is the septic field so high on i don't know i went through the building permit information from 2004 and it shows the setbacks from the health department but i didn't get a a good explanation for why and again we can check with the applicant because i believe he owned the property at the time there was a previous mobile home on site that looked like it took up part of where the septic drain field is now when they placed this one they moved a little further to the east but i i can't say why it's larger i would suspect has to do with soils out there and probably a larger mobile home that was there before that's mostly speculation and i think you said that it was your belief you know maybe not a a known fact but your belief that um when the mobile home was placed in that location that setbacks may have been measured from the edge of pavement pavement rather than the right-of-way line i think so at the time didn't have quite the technology we do now the setbacks provided by the department of health showed it from the edge of edge of pavement the actual building a mobile home placement application used the old zoning setbacks so there was certainly some confusion at the time when they when they uh placed a small home and didn't do anybody any favors by measuring from the edge of pavement today and when was the mobile home put in that location 2004 do you have any concerns about um visibility impacts on traffic with the uh structure in that location no ma'am not no ma'am not at all the uh again it's it's not going to be any taller than the the mobile home is there it's i believe 20 or 25 miles an hour and you'd be hard pressed to even get up to that speed coming around this this small little area here there there's only a handful i think i counted out eight lots that rely on this bend to even reach their their property and it's it's pretty easy going back there i'd say there are trees in that neighborhood that block visibility more than this will so the lot is significantly smaller than the um minimum lot size that currently exists um is it a lot of record though that yes ma'am it was created during zoning when it was required to be minimum 6 000 square feet but even then it was less than oh even then it exceeded that standard by almost double that standard a lot of these in here they were unrecorded lots for um mobile homes instant i think it's mobile home village is the name of this unrecorded sub and it didn't develop as such and they brought together these lots to create the one parcel so the staff report says that this is for an attached screen room and patio cover it's all one structure it's just an attached covered screen patio area over the existing so it's all within that blue shaded area on that more or less correct i'll go back to the well i understand they're they're essentially covering this area here have some covered place to come in out of the rain and the place together and okay but the carport that's shown on the site plan the the carport's not being pursued we talked about that as part of the original application but after further discussion with the the applicant they're not don't want to carry forward with that part of the request okay got it okay is the applicant present if you could come forward sir and state your name and address into the microphone please hi good afternoon my name is russell dunn 2416 tiny terrace alberndale florida okay did you have anything you'd like to add in addition to what you've heard from staff you heard a couple of questions uh go back and forth i don't know if you had anything you wanted to um add to the report you know when we put it on there we did not know about any infractions i mean you know obviously we put in our applications and everything else and i didn't know that anything would have been structurally not where it belonged um and with the porch we decided not to go with the carport part we looked at it we kept looking at it and thinking i'm not sure that's really something we we want to pay for it just it wasn't going to do what we wanted it to do originally but the screen ports would be very advantageous and so the the cover of that will um protect the entryway to the home yes it will and the stairs and that's probably one of the main reasons we needed something like that when it rains we're not fast getting out the door at all and the stairs and that would really really help us anything else you would like to add not really i'd really like a porch i understand thank you okay thank you um this is a public hearing so i will open up um the opportunity for anyone from the public who may be here today to speak regarding this application either for or against if you are here to do that now would be your chance to come forward seeing no one we will close um public comment anything else from staff no ma'am okay thank you and um next up we will move to ldl var 2024-25 ldl var 2024-25 michael foley is seeking a reduction to the right-of-way setback from 15 feet to six feet for a deck and a reduction from 15 feet to four feet for a carport the property is located on 0.09 acres in a residential low district within the pud 8619 international bass lake resort and in the north us 27 selected area plan the property is located at 50989 highway 27 lot 219 south of sunfish court west of trout of lake trout court north of international bass boulevard north of davenport in section 12 township 25 range 26 40 mailers were sent on july 10th two boards were posted on the property on july 5th a legal ad was published in the lakeland ledger on july 12th we've received one letter or one call in support aliyah inglema is the case planner good afternoon aliyah inglema with land development presenting ldl var 2024-25 the foley variants the applicant is seeking a reduction to the right-of-way setback from 15 feet to six feet for a deck and a reduction from 15 feet to four feet for a carport the subject site is located on lot 219 south of sunfish court west of lake trout court north of international bass boulevard in davenport section 12 township 25 range 26. the site is approximately 0.09 acres located within a residential low one future lane use and in the transit supportive development area the subject property is within phase one of the international bass lake resort while the rl rl1 lane use requires a minimum lot of 40 000 square feet the development was established with significantly smaller lots through the approved plan unit development intended for recreational vehicles on may 3rd 1994 the board granted approval for a major modification of phase one and two to allow a change from rvs to conventionally constructed homes and mobile homes for that phase the modification to the pud was later approved to permit the placement of mobile homes but did not reduce setbacks shown as the site plan international bass lake resort is comprised of rvs and mobile homes some with covered carports canopies and other additions there have been other various approvals in the subdivision however record information is not available the request will not be injurious to the area involved or otherwise detrimental to the public welfare as many homes in this community have carports and structures the same distance as the owners proposing the six feet for a deck and a reduction to four feet for the carport will leave adequate space for property maintenance and will also ensure no encorchments into the neighbor's property building and fire code separations will still be met as the proposed structure is not for habitables purposes and the special conditions and circumstances present in the request that do not result from the actions of the applicant is because phase one was originally intended for rvs but later evolved into mobile homes the unique shape of the lot makes it difficult to meet the pud setbacks and i'll stand for questions is there any concern about rain runoff needing to be directed away from adjacent parcels have you discussed with the applicant the possibility of gutters to control that is it not necessary where are we on that it would go into the right of the right of way and so we don't have any concerns of rain runoff for this parcel okay because of the angle of the structure and where it is on the property correct okay are there any concerns with visibility and um cars driving down the road no ma'am it's a private local road and many other homes in this subdivision also have um structures the same placement do you know the speed limit do not as it is a private road is the applicant present you could come on forward sir and start off by giving us your name and address please good afternoon my name is michael foley my address is 50989 highway 27 lot number 219 davenport florida 33897 okay um is there anything you would like to add to what you've heard from staff so far according to your questions the speed limit is 15 miles an hour in the whole community okay add to your and uh no i i have nothing to add other than the report actually states very clearly my intentions and what the community is like what exists there and um it's just a purpose of the deck is to clear an area um because the steps takes up to develop the steps that were there takes up a lot of area and there's no room for uh for lounges and things like that so the deck was uh was an option that i thought i could have installed and relocate the steps because it is an egress from the house so you'll be relocating the steps the steps are 90 degrees the steps are if you look at the thing it's the steps are on a 90 degree coming off to the left hand side of the deck going down to the concrete walkway okay so that would open that whole area 10 by 10. i see i'm just i'm looking at the site plan it's just very small but okay um anything else not that i i can think of okay thank you thank you is there anyone who came here today to uh provide comments on this application either for or against seeing no one we will close public comment anything else from staff no ma'am thank you go to ldl var 2024-27 ldl var 2024-27 prem lutel is requesting a variance to allow separation reduction for an alcohol package store a 3ps license within 2500 feet of of religious institutions uh three of them the property is located in a convenience center district on 1.3 acres the address is 5044 lund road uh but the uh this will represent the entire compass point plaza uh it's on the southeast corner of lund road and west pipkin road west of old highway highway 37 east of wearing road south of the city of lakeland in section 11 township 29 range 23. on july 10th 2024 28 mailers were sent to area property owners three boards were posted on the property on july 9th a legal ad was published in the lakeland ledger on july 12th we have received nine letters in support site as you can see is beginning to be surrounded by the city of lakeland as it annexes southward this is the site here there's a multitude of different uh future land use designations ranging from residential low one and residential suburban all the way up to business park center and residential high the there are three churches within the 2500 foot area the closest one is victory at vineyard uh it is 120 feet and across the street from the subject property the compass point plaza the applicant requesting is in one of the suites within the plaza however because we measure the setback distance from the property line of the entire plaza that is the variance that's being granted so it would have essentially um it would stand for anyone though the chance of a multiple liquor stores in one plaza is rather slim but in the future uh if this applicant were to move on or sell and uh the uh liquor store was to move to another suite or expand it would still apply because the variance is is the distance from the property line to property line this is the unit in the uh in the plaza this is looking at the plaza looking to the north this is the plaza looking to the south there are several different suites uh uses ranging from um food sales to retail various types of retail and office the nearest release religious institution as i mentioned is across the street it's candy catty cornered it's the lakeland vineyard church the intersection of lund road and pipkin road pipkin road is under the process of being widened from two lanes to four lanes in a divided median the traffic volumes will likely increase in the future staff recommends approval we haven't really had a case where liquor stores have interfered with churches anywhere or religious institutions in this in the county this is an area that's currently underserved by commerce this is one of the only shopping plazas for several miles until you get to highway 37 or uh county line road uh the uh there's not a lot of modification that has to be done for this liquor store it uh it's just selling another product in the same store it will not need additional parking or anything like that or any external modifications to the plaza with that we stand for questions the 120 feet that separates um the subject property from the closest religious institution that's all right of way then yes ma'am that is a right of way the the corner of the property is here the corner of the religious institution property is is immediately to the opposite corner okay so they the religious institution owns that what appears to be vacant yes parcel okay there the uh church building is set further back off the screen set back a a significant distance from uh pipkin road do the improvements that are ongoing or will be forthcoming in the um in the road there did that require any additional right-of-way or is that all ongoing within existing right-of-way no it required additional right-of-way all right-of-way purchases have been completed for the entire corridor improvement and we're into the construction phase okay so some time ago that 120 might have been a different number no that's the uh it's actually 120 feet of right-of-way uh it's rather wide and and the the drainage is not all uh curb and gutter throughout the right-of-way so there's some swale systems but this was uh this plaza didn't actually expand to its fullest it has the the ability to add another building here on the corner i think they held off on it until the the right-of-way uh construction was completed have you heard any response at all from the religious institution that's 120 feet away no ma'am we only received the uh the notifications and support and the other two religious institutions that are within the 2500 foot radius do they get notice of this application because they're within that distance or do they not get noticed because they're not in the standard variance distance they do you understand yes they they get notice correct lisa yes they get noticed they do even though they may be outside what is required for a standard variance yes okay yes they yes if they're in the 2500 foot ring all religious institutions in that ring get get notified okay and there are not any schools within this one no no there's not any schools there is uh property owned by the school board south online uh but uh they're well out of the 2500 feet from that so if someone if this gets approved and someone else decides to open up um and gets you know a license they could sell the same things yes yes chose to make the business decision to do that yes we we've actually not included any type of sunset on this approval because once it's in the plaza it it's in the you know it's in the plaza there we wouldn't want if if this was to close for a period of time we would want somebody to have to come back in and get the same variance when it was approved it's kind of superfluous at that point and so they wouldn't need any additional um approvals from the county because the license the cell is not from the county correct that's from that's from the state or the state we do have to sign off on the license uh whenever they're issued from the department of professional regulation business and professional regulation but that's not a process like this that is a staff driven or administrative right it it will be in our permitting system if approved it it'll be known so when another one comes in it they won't have to go through a variance okay we we're choosing to to not have the uh sunset on it because the area is pretty much uh built out with the exception of an apartment complex at the corner of pipkin and uh or pipkin road south and and this and uh pipkin road west right here okay is the applicant present you could come forward please sir like the others before you if you could start by giving us your name and address please good afternoon my name is prem blue tail uh i live in 4701 little loop lakeland florida 33811 the business address is 5044 long road lakeland florida uh i did that i did started that business on 2021 early 2021 and my neighbor uh i live close by there in my store so all the my neighbor they are keep asking hey you can add the liquor also here we need it and i try to find it in the google the liquor license professional i bought from them and when they transfer under my name later they found there is a charge close by the store and i cannot have it i pay around like 260 i mean 260 i'm uh 45 000 to get the license and when they transfer under my name they said you cannot have it there because of the charge close by and i was trying to how i can get it finally i came here in the county and county give me the variance so i hope i'm gonna get it uh to sell the package selling liquor so i have a liquor license already here it's i'm holding from like almost over a year so i hope county gonna help me or how i don't know how i can get it okay is there anything else you would like um to add in addition to what you've heard from staff uh not really that's yeah if i can't sell liquor they are packet selling so it's really good other than that all my neighbor they are supporting me too i think everybody need that there so that's that's it from from me okay so there's a lot of market demand for yeah a lot of market it is really the lakeland is the most growing city in the united states and close by there a lot of houses houses are building so that's a really good sport for the business as i'm looking at the proposed conditions of approval um the first one says that uh you know it would reduce the separation requirement from 2500 feet to 150 feet did did you not say 120 during your presentation sorry the the right of way is 120 feet there's a an additional um distance because it's at a it's at an angle i see okay caddy corner it's so long side of the triangle so when you measure it in strict distance is 150 50 feet but the right of way is 120 if you go straight across i understand anything else yeah yes the charge property and then the the business property is a little bit corner but that's across the state right and the road also expanding now like two lane from portland so if we properly um measurement that's maybe more than 120 feet but the corner property corner and property corner is 120 feet so i think from the building to building to building is uh far from the business center and then the church so i understand what you're saying i think that the buildings are farther the structures of the the church and the shopping plaza that you're in they are more than 150 or 120 feet apart but um the way the code is written as i understand it is is from property boundary to property boundary so that's what we have to to look at all right is there anything else you wanted to add that's it thank you thank you we have now reached the public comment portion for this application is there anyone who came here today to speak uh about this application either for or against and um before you come forward were you sworn in earlier okay then come on up and if you could you could start by uh giving us your name and address please hi my name is dylan magdans my address is 2318 maple hole drive lakeland florida 33811 did you say dylan yes ma'am dylan magdans and how do you spell dylan d-y-l-a-n the only way d-y-l-a-n yes ma'am and again your last name if you could spell it please magdans m-a-g-d-a-n-z thank you first of all i'm dylan magdans i own rubicon electrical so i understand uh i'm a small business owner just like he is i live right around the neighborhood where this building where he wants to expand this liquor store and i go to everest every morning i've gotten to meet prem and i've met him over the past two years i see him just about every morning super nice guy i've gotten to hear about him and his family and he's been telling me about this dream to open this liquor store for a year and a half now two years and i honestly i think it's a great idea as someone who's locally from around there i live i literally live less than a half mile away and there's no stores around there he has he's like a oasis in the middle of nowhere out there there are no stores anywhere let alone a liquor store or anything like that um but i just wanted to come up on his behalf and say that he is a fantastic man good family man and he's just doing this to better himself and his family and i totally understand that and i wanted to make sure he was heard so i'd like to thank you for your time and hopefully he gets what he needs thank you is there anyone else who wanted to come forward in support or opposition of the application yes you were or were not okay well you come on forward and we'll take care of that before you get started when you raise your right hand do you swear or affirm the testimony you provide today is the truth the whole truth and nothing but the truth yes ma'am thank you we'll start with your name and address please uh robert pollock at 1224 cherry lane lakeland florida 33811 i'm just like yes e-o-l-l-o-c-k okay thank you and uh just like mr dylan i go to everest uh for all my convenience store needs as well and i second everything he says the nice gentleman right here is just trying to expand his store and make better life for him and his family and i'm in support of it as well thank you thank you ma'am is there any oh i see more okay um yes you stood up first so and again i'll ask you as you're coming forward um if you were sworn in okay then we'll yeah is there anyone else who plans to speak who was not sworn in and if we'll you were both sworn in you were not sir i'll have you stand and we'll do it all at one time there we go and you can just stay at your seat for the swearing and then we'll have you come up to the podium one at a time would you raise your right hand do you swear or affirm the testimony you provide today is the truth the whole truth and nothing but the truth yes ma'am thank you okay we'll start with uh your name yep my name is allen davidson a l a n okay thank you and your address 2208 country bend south lakeland florida 33811 so like a lot of the guys here we stop at everest almost every day um me and a couple guys that work we'll even go out of our way on on the way home just to stop in there and say hi and you know get our drinks and everything support him such a great dude every time it's just a smile on his face and you know we all took time out of our busy days to come here and support him so we just want to help man thank you name is ray crocker i live at 12 30 congenial street lakeland florida 33811 first name is ray yes ma'am r-u-y okay and your last name crocker c-r-o-c-k-e-r okay thank you yes ma'am and it's just like they say i go up there two or three times a day these are real he's good for the community he's always got a good word to say he's been a big help to me uh suffered a stroke and from blood clot and he's really he's been there for us and uh i couldn't ask for no better person that's all you know i like them to expand myself okay all right thank you thank you brandon wert uh 1721 monte lane lakeland florida 33811 could you spell your last name please worked w-e-r-t all right so stories much the same as uh these other guys uh since prim's been around uh he's pretty much became a family to the community and i mean i've lived there for 26 years and i'm in favor okay great thank you and sir you stood up recently to be sworn correct yes i did okay my name is david rodriguez live off of 5882 eight point lane lakeland florida 33811 we're all in favor here for for prim at least i am i help prim out i'm actually his reels here as well so helping them look for property as well throughout lakeland and the store ever since the store opened up there has been a big help a big blessing in the community as far as convenience goes with food and beverage and tobacco products and things of that nature um just unfortunate that it happens to be so close to a church but however to see his business grow i can definitely see a a big impact for that community around us as well so that when people don't have to drive further out to get the things that they need whether that be liquor or food um but prim is a you know he's a great guy he's he's always there he's always saying hello to my kids and always giving him a piece of chocolate or whatnot so he is definitely very uh passionate about what he does and i would love to see this guy uh continue his success in his business thank you thank you anyone else okay we will um close public comment and um anything else from staff on this one no ma'am okay thank you and then next we will go to ldl var 2024-28 ldl var 2024-28 connie moore is requesting a reduction to the primary side structure setback from five feet to one foot for the construction of a carport the property is located on 0.05 acres in the residential medium x land use district within pud 8122 citrus ridge and in the northridge selected area plan the site is located at 138 citrus ridge drive east of citrus ridge drive south of tangerine loop north of tangelo drive west of the city of davenport in section 20 township 26 range 27 on july 10th 84 mailers were sent to local property owners one board was posted on the property on july 5th a legal ad was posted in the lakeland ledger on july 12th we've had no response alia inglema is the case planner good afternoon alia inglema with land development presenting ldl var 2024-28 the more variants the applicant is requesting a variance to reduce the primary structure side yard setback from five feet to one foot to accommodate a carport the subject site is located at 138 citrus ridge drive east of citrus ridge drive south of tangerine loop north of tangelo drive and davenport section 20 township 26 range 27. the site is approximately 0.05 acres located within residential medium future land use and in the transit supportive development area the subject property is lot 138 within the phase one of citrus ridge while the rm requires a minimum lot size of 6 000 square feet the development was established with significantly smaller lots through an approved plan unit development intended for recreational vehicles a modification to the pud was later approved to permit the placement of mobile homes and reduce side setbacks from seven and a half feet to five feet but did not increase the lot sizes since the modification of the pud the development has seen an increase in mobile homes being placed on lots within the citrus ridge development additionally many property owners desiring to construct additions with to their homes within the pud realize the need to request a variance because of the limited space setback requirements and easements relative to the small lot size shown as the site plan screen rooms carports and open covered patios are common in this development and variances are typically needed for their construction staff found 20 other variance approvals in this subdivision since 2020 the request will not be interest to the area involved or otherwise detrimental to the public welfare as the previous carport was in the same distance as the owner is proposing the one foot side setback will leave adequate space for property maintenance will also ensure no encroachment into the neighbor's property building and fire code separations will still be met the special conditions and circumstances present in the request that do not result in the actions of the applicant is because the development was originally intended for rvs but later evolved into a mobile home subdivision and i'll stand for questions did you say there was a previous structure in this same location yes ma'am okay um what happened to it i would defer to the applicant for that i believe um since there is a new home and the location the the carport was removed um with the previous old home so now that there's a new home in its place they're requesting a new carport with the new home okay uh when was that new home put on the lot very recently so 2024 yes ma'am do you know if there are any um utilities in the right-of-way that would potentially interfere with any of this i don't believe so i believe the only um easements is to the rear of the lot which the carport would not um be within and the one foot setback that is being requested is to the poles or supports for the carport it's to the posts yes ma'am okay any overhang would not be permitted to go over the property line so the overhang could be no more than one foot if they were absolutely precise in their installation are there any fire code concerns no ma'am it'll have open sides i believe so but um i'll defer to the applicant to clarify that okay and is the applicant present carrie futro address is 34299 us highway 27 haynes city florida 33844 okay and could you pull the microphone down a little bit yeah thank you okay um maybe you can address a couple of the questions that uh you've heard so far sure where do you want to start which one um well the prior structure and why it was removed and where it was located etc um it was an older older mobile home she replaced it with the new one we still have an open building permit on that when it's not closed out yet is it occupied no ma'am is there a reason why the mobile home wouldn't have been i assume when this was placed you knew that there was going to be a request to put in a carport why you wouldn't have shifted the mobile home um that is correct it was due to the size and the setbacks um we initially had a larger size home that she wanted um and we applied for the building a permit they approved it and then there was issues with neighbors in the park etc so we had to change it to a smaller home with no front porch and the carport that was there was in the same location one foot off the property line i'm not sure i'm not positive i don't want to say yes or no because i'm not sure does the owner have um approval from the property owners association yes ma'am one of the criteria that staff and i have to consider when evaluating variance applications is hardship something that is unique to the the lot the structure the circumstances that justifies deviating from the code requirements can you address that criterion the homeowner is just looking for protection for her vehicle to have her vehicle covered how long has she owned the lot that i'm not sure i'd have to check not sure did she occupy the prior structure or is this new not positive i'm not sure if she purchased it and then just replaced it or she lived there if i remember correctly i believe she purchased it and sold the existing home that was on it to replace it with the new one okay i see in the staff report that she purchased the property in 2006 so i would assume she has lived there at some point um okay um anything else you would like to add in support of the application no ma'am thank you now open this application up for public comment is there anyone who came here today to speak regarding this application either for or against is that you raising your hand in the back or no okay uh then seeing no one we will close uh public comment anything else from staff no ma'am thank you and that takes us to our last application for the day which is ldl var 2024-32 ldl var 2024-32 theodore head is requesting to reduce the western side setback from 15 feet to eight feet for an existing concrete building and a proposed accessory metal building the property is a half acre it's located in a linear commercial corridor the address is 21 11 kville avenue west of kimberly lane east of hearst road west of thornhill road east of the city of auburndale in section 21 township 28 range 25 on july 10th 16 mailers were sent out to area property owners two boards were posted on the property and a legal ad was published in lakeland ledger on july 12th no response has been received ian nance is the case planner good afternoon again ian nance land development staff recommends approval of this variance request to reduce the western side setback from 15 feet to 8 feet for an existing concrete building and a proposed accessory metal building when this property was created and the building was constructed in 1986 the zoning at the time did not require side setbacks between commercial uses it was only with the incorporation of the linear commercial corridor land use district that the 15 foot requirement was instituted so what resulted was this concrete building used for auto repair being eight feet from the western property line given the time frame and my inability to locate a building permit i've included the principal structure in this variance request however the main point of this application is so the applicant can replace an accessory structure that was destroyed by hurricane irma in 2017 the new 30 by 40 storage building over an existing concrete pad and in alignment with the principal structure to the left is a 2002 aerial showing the old structure staff finds this request is not injurious to the surrounding area vehicle repair is allowed to lcc and has been used as such for almost 40 years the site plan shows adherence to land development code section 220 the county's compatibility standards that require non-residential structures to be set back 50 feet from residential property lines this is a look through the uh razor wire here at the setback area the property to the west remains vacant and on the right is the approximate area of the proposed structure the staff recommends approval finding the request meets the variance criteria and land development code section 931 with that i think you will stand for questions so had they done this sooner after the hurricane the variance would not have been needed correct yes ma'am you can uh have it replaced within 24 months and the property next door closest to the structure i assume that's west um it's vacant there's yes ma'am originally both these parcels were one and about the time that this building was constructed that this parcel was sold off i think that leads again to or the setback issue i'm not sure when the parcel split happened with the construction of the building but it's within a couple months when was that building built uh 1986 and the parcel split was about that time as well what is the minimum lot size in the lcc district there aren't minimal minimum lot sizes in commercial land east districts okay is the applicant present good afternoon my name is theodore head uh ted is what everybody calls me ted's repair service i live at 109 bergen circle auburndale florida 33823 okay um so you've heard the discussion so far is there anything you would like to add in support of the application yes ma'am if this variance is not approved it's going to limit the ability that i have to service the community because the shop space that i have is it's only three bays now it's probably 1500 square feet with the addition of this metal building it's going to allow me to hire at least one more staff member where i can put them in that building which is going to you know add one more job to the community and it will allow me to service my customers i have an established business i've been in business over 14 years but i recently had to move from where i used to be to this new property and it's significantly smaller so that i have over 1400 customers that i service so it's really put a hardship on me because i can't i don't have enough big a facility to service everyone when did you move your business to this location uh we we moved to this new location on the first day of may this year oh so you were not um in that location when um the hurricane destroyed the structure that was no ma'am and so you had nothing to do with the timing of replacing the structure except getting on it i guess once you moved to the property yes ma'am and there was already an existing slab there to begin with uh we just wanted to erect a new building and it will be used for the same purpose as the existing yes ma'am and it will also have additional storage area so we won't have you know anything outside um and you know we'll be able to have a nicer neater uh footprint in the in the community do you have an ownership interest in the property yes ma'am i do so did you buy it when you moved to this no ma'am i'm going i'm trying to uh i'm in the process of purchasing it from the owner okay one of the criteria that staff and i have to consider when evaluating a um variance application is hardship something that is unique to the structure or the lot the situation that um justifies deviating from the code can you address that requirement um uh yes ma'am it's like i stated earlier you know i service a lot of vehicles in the community anywhere from 30 to 45 vehicles a week my old location and i haven't been able to do that to keep up with the demand of my customers so it just you know really puts an achilles heel on my ability to service the community anything else you'd like to add no ma'am thank you thank you so much i'll open up the um public hearing for this application is there anyone who came here today to speak about this application either for or against no one we will close public comment and anything else from staff no ma'am thank you and uh i think that does it for the day thanks yes just want to mention that the uh regular meeting is going to be a week later on august 29th correct then um the next uh meeting in uh august okay great august lujo meeting thank you okay thanks we are done