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 Buenaventura Law in Tampa. I've been appointed by the Board of County Commissioners to hear special exception and variance 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 don't believe that to be the case, but please let me know if you do. During this meeting, please put all cell phones and other communication devices on vibrate. The cases will be taken 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 the hearing up for public comment. This is the public's opportunity to provide information 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 your questions and 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 public comment. They will also be able to make concluding statements. 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 my decisions, please fill out the form on the back table and provide it to our 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 hearings. If anyone should need an interpreter, please let the clerk know and county staff will try to arrange one for you. All testimony today must be given under oath. That includes every applicant as I ask each applicant to come forward and speak when their application is being addressed. So I will now ask our clerk to swear in all speakers. If you're going to address the land use hearing officer 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. The first item on our agenda is approval of the minutes from the June 26, 2025 land use hearing officer meeting, and we can show those as accepted. And then we will go to our first item of new business, which is LDLSE 2025-6. Eric Peterson for the land development division, LDLSE 2025-6. Onyx Delgado is requesting a special exception to allow a commercial vehicle, 2000 Peterbilt truck, on their property of approximately 0.49 acres in the agricultural residential rural district. The property is located at 487 Tyndall Camp Road, north of Dekel Road, south of Almberg Road, east of Scenic Highway North, west of Lake Maple Loop, and south of the city of Lake Wales in section 2, township 29, range 27. On July 2nd, 16 mailers were sent to area property owners. Two boards were posted on the property on July 2nd. A legal ad was published in the Polk Sun News on July 9th. We've received three letters in opposition. Andrew Gowowski is the case planner. Good afternoon, Andrew Gowowski with land development, presenting LDLSE 2025-6, the Onyx Delgado special exception. And also before we begin, I just wanted a clarification in the staff report. Staff found that Tyndall Camp Road was transferred to the city of Dundee recently, and we just discovered this recently as well. So in the staff report, it needs to be updated to the city of Dundee that has that jurisdiction and not the county. So staff is recommending approval of this application to allow one commercial vehicle, a 2000 Peterbilt truck, model 379, and associated trailer to park on residential property. The subject property is located at 487 Tyndall Camp Road, north of Dekel Road, south of Almberg Road, east of Scenic Highway North, west of Lake Mabel Loop Road, south of the city of Lake Wales, in section 2, township 29, and range 27. The subject property is surrounded by the city of Dundee in the agricultural residential rural land use district in the rural development area. The institutional one you see on the map to the north of the property is a proposed high school off of scenic highway. It's owned by the Polk School Board. The site is approximately 0.49 acres and has a mobile home in which the operator of the vehicle resides. The home was placed in 1991 and was purchased by the current owner in 2023, according to the property appraiser. Here is a closer view of the subject site on the corner of Helicopter Road and Tyndall Camp Road. To the south, you can see the newly constructed solar farm in the city limits. The parking area will be to the rear of the home, meeting 20-foot setbacks from the property lines, which is required by section 216 of the Land Development Code. An opaque fence or a type B landscape buffer will be required to screen the vehicle on the west, north, and east. This buffer or screen can be located around the parking area itself or around the perimeter of the property. The home will buffer the truck to the south and Tyndall Camp Road. The nearest home to the site is approximately 60 feet to the west. The subject vehicle is a 2000 Peterbilt truck model 379 with an associated trailer. The pictures to the right is looking north on Helicopter Road, looking at the rear of the property. The image to the left is the intersection of Tyndall Camp Road and Helicopter Road. Access will be off Tyndall Camp Road and the applicant will need to reach out to the city of Dundee for driveway apron requirements, if there's any. Here are photos of the rear of the property with the approximate parking area. As shown on the aerials, the truck travel path passes 10 homes before reaching State Road 17 and Arterial State Roadway. So staff is recommending approval. The request meets the standards in section 216D of the Land Development Code. The applicant was cited by code enforcement for parking a commercial vehicle at this location. No more than one commercial vehicle would be permitted with this approval. Screening and buffering requirements must be provided before the applicant can become or before the approval can become effective. This special exception shall be for the operator Onyx Delgado Barrio only, excuse me, if I pronounce that wrong, and shall not run with the land. And with that, I thank you and stand for questions. You go back to the aerial that it was early on in your presentation that showed, I think it was showing the boundaries of the city of Dundee, that one. So is the lavender color, is that city of Dundee or is that something else? That's the city of Dundee's jurisdiction. Okay. So there's just a little enclave that's not shaded that is, I guess, unincorporated Polk County? That's correct. And then because of the jurisdiction of the roadway, then there's no requirement from Polk County to have a commercial driveway? No requirement. Do you or does the county staff advise the city of the request or do you just wait for the city to do whatever they will do, if anything, regarding the driveway or whose responsibility is that? So in the city's jurisdiction, they'd probably likely reach out to building in order to construct a driveway apron if they needed to for a commercial vehicle. So we advise that they reach out to the city if they had any commercial vehicle driveway apron requirements, since it's now under their jurisdiction. So you simply instruct the applicant to do that? Correct. The staff report, the dimension of the trailer is listed as eight and a half feet long and four feet wide. And as I look at the photographs of the vehicle in the trailer, I'm just looking for confirmation of that because in the photographs, it certainly looks longer than that. On page three, item number one, the dimensions are given as eight and a half feet long and four feet wide for the trailer. That should probably be four feet tall, not four feet wide. Okay. So I can also include that in the update. Okay. And the length, I mean, it sure looks to be longer than eight and a half feet wide. I'm sorry, than eight and a half feet long. Those were the dimensions provided to us, but I can, we can confirm with the applicant in terms of that. Okay. And that will be addressed in the revised staff report? Yes. Do you have any visibility or safety concerns, roadway safety concerns with the vehicle pulling in and out of road in that location? Nothing on the county's end, again, since it's the city roadway. And if they had any separation from that intersection, again, reaching out to the city would be their best bet. I don't think I have any other questions for staff at this time. Is the applicant present? Could you come forward, please? I make every applicant come forward and step to the podium and answer a few questions. I have the applicant listed as, and I'm probably going to mispronounce it, well, maybe not, but Onyx Delgado. Okay. And we will start by, you're both welcome to speak, but you're not both required to speak. So I leave that up to you, but we'll start by having those who are going to speak, give their name and address, please. Good afternoon. My name is Karim Delgado. He's Onyx Delgado's wife, and I will speak, translate to him at this moment. Okay. Do we do a swearing in for translator when there? Yes, we do. Okay. Because you're going to be translating on behalf of the applicant, we need to swear you in specially for that, for your translating. Okay. No problem. Okay. I'll have our clerk do that. You can stay right where you are. Can you raise your right hand? Do you swear or affirm that you would truly and correctly translate English into Spanish and Spanish into English here today? I do. Thank you. Okay. So you've heard the presentation so far. Is there anything you would like to add in support of the application? Okay. Thank you for the opportunity here. And we put the application because that's our instrument to work and have a substantial for the family. And can you tell me how the vehicle is used for work? How you use it? How often it comes and goes? What you do with it, et cetera? The heat transport, the wood, agricultural products. And it's not, it's like during the week. It could be the whole week or that depends on how it works on boards for them for the loads. So if I'm understanding it correctly, sometimes the vehicle is away for several days at a time, maybe as long as a week. Sometimes it might be just the day and then you're back? Yes, ma'am. The vehicle, the primary source of income for the family? One of them, yes, because I do work too. Okay. So I don't want to put words in your mouth, but is it a significant source of income for the family? Yes. If the vehicle can't be parked there, where would it be parked and what arrangements might you need to make to do that? If that was the case, we have to look for a parking specific for the truck. So somewhere offsite, you'd have to? Yeah, not closer to home. Would that be some sort of lease arrangement where there would be a fee to park the vehicle offsite? Yeah. So, yeah, we will have to lease and have a monthly payment for that also. And that will affect us on the whole income of the house. If the application is approved, the staff has recommended a number of conditions and I want to make sure you're aware of them. If approved, the approval would be just for this one particular truck, not vehicle, not for any other vehicle, not for multiple vehicles, just the one commercial vehicle. It would be approved only while you own the property and the vehicle. If you were to sell the property, the right to park a commercial vehicle there doesn't transfer with title. The approval to park the vehicle there does not include the authority to perform any maintenance to the vehicle. So no maintenance can be performed on the vehicle on your property. It would have to be performed somewhere else. We're going to delete the condition requiring the commercial driveway, correct? Okay. And the approval, if granted, would be valid for one year before the year expires. You can, through an administrative approval process without coming back here, but working with county staff, get the approval extended as long as you don't go beyond the one year. You have to request that before the year expires. And you would have to park the vehicle in the designated spot that's shown on the site plan with the appropriate buffering to shield the visibility of the vehicle from offsite. Is there anything else you would like to add? No, ma'am. Thank you very much. Okay. Thank you. And I will now open up the application for public comment. I do know that we have received, um, I believe three calls and or emails altogether, three from three individuals, um, voicing an objection to the application. Is there anyone who came here today to speak regarding the application either for or against? I will note that the three who called or, um, emailed did not give any explanation for their opposition. They simply stated their opposition. Um, seeing no one, we will close public comment and, um, unless there's anything else from staff that will nothing else. Okay. That'll conclude our discussion of this one. And then next up, we can move to LDLVAR 2025-26. LDLVAR 2025-26. David Smith requests a 3PS license for liquor, beer, wine package sales within a separation distance of 2,500 feet of religious institutions. Uh, the property is Neighborhood Activity Center. It's approximately 9.15 acres. It's east of New Jersey Road, north of Havendale Boulevard, uh, west of Hickory Street, south of East Derby Avenue, east of the city of Auburndale in Section 12, Township 28, Range 25. July 2nd, 38 mailers were sent to area property owners. Three boards were posted on the property on, on June 24th. A legal ad was published in the Polk Sun News on July 9th. We've received no calls in opposition. Aaliyah Anglima is the case planner. Good afternoon. Aaliyah Anglima with Land Development presenting LDLVAR 2025-26, uh, the Publix alcohol variants. This is a request for a 3PS license, which is liquor, beer, and wine package sales within the separation distance of 2,500 feet of religious institutions. The subject site is located at 890 Northwest Jersey Road, north of Havendale Boulevard, east of Jersey Road, west of Hickory Street, south of East Derby Avenue, and east of the city of Auburndale in Section 12, Township 28, Range 25. This site is approximately 9.15 acres located within the Neighborhood Activity Center, future land use district, and in the urban growth area. So, NAC is a land use district where commercial uses are expected, and the surrounding cities, which are Auburndale and Winterhaven, permit much shorter distances for package sales. Auburndale has a 500-foot distance restriction, and Winterhaven has a 400-foot distance restriction from religious institution. If the subject site was in either one of these city limits, which are close by, an alcohol variance would not be required. Section 224 requires that 2,500-foot separation from schools and religious institutions and non-commercial land use districts for that 3PS. sales license. And as you can see here, they're listed on this slide, all those religious institutions. Close by to the subject site is also a Winn-Dixie and a Publix within the Auburndale city limits. So, here's a picture of the nearby stores that also sell alcohol. So, the request will not be interest to the area involved or otherwise detrimental to the public welfare as approximately 2,300 feet away from the subject site is the city of Auburndale, a Winn-Dixie Wine and Spirits, and another Publix that sells alcohol within these 2,500 feet. Given the nature of the proposed alcohol license relative to the approximately of the religious institutions, staff finds that this request will not pose any land use conflicts. And I'll stand for questions. So, the other Publix that's already existing, that has liquor sales there as well. Yes, ma'am. So, did they need a similar variance for that one? Or was the timing of it such that it did not? That's in the city. So, that Publix is in the city. So, is the Winn-Dixie. So, I'm not entirely sure if they had to go through the process at the time, but they are obviously right down the road. And then the two religious institutions that are to the south. So, the first Haitian church and the Kingdom Hall of Jehovah's Witness. Well, perhaps the question is more for the Kingdom Hall, but given the shape of the property with the flagpole that comes down, is that what triggers for the Kingdom Hall, that flagpole? Yes. So, it's from property line to property line. Right. So, that one is maybe kind of a... I mean, I understand technically it is, but it's kind of a close call because if we were to measure to the flag rather than the pole, we might be beyond the 2,500. I understand either way we have to measure to the pole. I'm just trying to assess the... It would probably be a further distance, yes. And the county's requirement of the 2,500-foot separation. That applies, I take it, even if the religious institution is not within... It is within a city limit. So, even though the religious institution is not in the unincorporated Polk County, the county still requires a variance if you're within 2,500 feet of it. And I'm not saying that very well, but do you understand my question? Yes. If the religious institution is still within the city that they would have to meet the setbacks from it. Okay. Our Section 224 has a finite list of commercial districts in which it would be exempt, and it doesn't mention the cities. I see. This may be in your report, and I apologize if I don't recall it, but Havondale Boulevard, do you know the width of the right-of-way? Is it divided? I can't see from the aerial or how many lanes. Give me some details about that, please. I do know it's a state road. It's got two lanes on both sides, so four total. I don't know the right-of-way. I'm gonna see if it was... No, it's not on the plan. The applicant may be able to tell us that, but I was just wondering if you knew. The site plan that's attached to the staff report as Exhibit 4 has a green line outlining the parking lot and a red line outlining the building. Can you tell me the significance of those lines? And neither line includes the access to the roadway. I'll defer to the applicant as to why they're different colors. I'm not entirely sure why. Do you know if the religious institutions that are within the 2,500 feet received notice of the application and hearing? Yes, ma'am. They all did? Yes, ma'am. The right-of-way width for Havondale Boulevard is 110 feet plus or minus. Thank you. That's all the questions I have at the moment. Is the applicant present? Good morning. Sorry about that. Good morning, David Smith. I'm a land planner with Stern-Jewiger Miller, Director of Development and Zoning on behalf of Publix. Just for general reference, we're here today asking for this variance that was actually granted a little over two years ago. There was a delay in the construction of the shopping center. There was a condition on it that we had to place the license within 24 months, and obviously the 24 months passed before we could get the building in place in order to ask for the license. The shopping center is actually constructed. The contractor called me today and said, gee, I couldn't pull my interior permit for finishing off the liquor store. And I said that, well, that's because I'm going to re-ask for this variance before the hearing officer today. Do you have the, I'm sorry to interrupt, but do you have the case number from that prior one? I do. I just need to get my hands on it. Yes, that was LDL VAR 2022-112. Do you have the date that that was approved? Yes, it was approved February 23rd, 2023. So essentially at the end of February, the 24-month period expired. And so we refiled to ask for the variance again. So relative to your questions, a couple of things going and I'm glad the map is still up. The publics that's shown in Auburndale is actually being closed. This is a replacement facility. So when you look at the map and you see the religious facilities, one of which is, is noted in the city of Auburndale and the other is the Haitian. Those are the only two that are not in commercial, I believe, zoning categories, and we have to have distance separation. Um, essentially moving the publics to the new location puts us closer to the Haitian church, but further away from the other churches in the city of Auburndale, um, and just relocating the operations. So essentially there's, there's really no change in relationship to any of the religious institutions, um, moving the publics and closing the one that's currently in Auburndale. Um, we're locating this in an area that has commercial, uh, intensive zoning. It's looking for, these are locations where you expect these types of facilities to be. Uh, the operational characteristics of, uh, a liquor store are really no different than most other thing, uh, operations you find in any commercial operation. Um, there's no consumption on premise. So it really is just the package sale of the liquor portion. Uh, beer and wine sales do not require, um, separation distance. Uh, for publics is important, um, and puts them in a not very good position. Uh, when you have these stores, we do not operate or publics does not operate any freestanding liquor stores. They're always associated with a grocery store. Uh, that's because they share deliveries, they share personnel, they share security. Um, looking at the location, as you noted, um, we have to measure from the flagpole, not, um, the actual location of the store. And it would probably be about four or 500 foot difference further away, uh, from the Jehovah witness, uh, which happens to be one of the ones that's located in a commercial district that we don't have to be get a variance from. Um, variance has been granted for similar situations throughout, um, the county, um, recognizing that the alcoholic beverage licensing, this separation distance covers a lot of, um, considerations. Um, you could have on-premise consumption of beer, you know, a bar essentially fell in package as well. And looking at our, uh, operations, um, this is a very benign, uh, sales week. There's no consumption anywhere allowed on premises, not in the parking lot. Uh, this is, uh, clearly a take home operation. So we think that there will be no, uh, adverse impacts to the surrounding area. There have not been issues with the current operations in the city of Auburndale, um, for the public's liquor store. Um, I think staff has done a good job in their findings, uh, relative to the criteria, but I could go through those, uh, if you would like me to, to just state those on the record as to why we meet the criteria. Um, again, it has been found to meet the criteria previously, and there have been no new churches, uh, located within the last two years. Um, but be glad to answer any questions or put anything more on the record if you'd like. Sure. Um, the only specific criteria that I would ask you to address is hardship. Well, the hardship relates to the fact that, um, our operations are such that when we locate, uh, a store in trying to serve our clientele, uh, that the, the liquor store has been either, it's actually a new thing probably in the last 10 years that we've relocated them or located them in new shopping centers, have located them in, um, existing shopping centers. And, uh, it would put a hardship on the public's, um, because otherwise we would not have the ability to have this liquor store here at all, uh, given the fact that we only locate them side by side with the existing stores. Um, in this particular location, it'd be a hardship because not, but for the fact that there was a delay in operating the store, we would have already placed the license, uh, within the two year period, 24 month period that was approved in the prior variance. I'm sorry, say that again, but for what? Yeah. But for the delay in the construction of the actual store, physical store, we would have already been able to place the license within the variance period of 24 months. We had to place it, uh, since the store had not had a delay in construction, we could not come in and get a license placed on a, in a, in a store that had not actually physically been constructed, not one of the technical hardships that you would normally get. But, but for that situation, uh, we've got a store built now that we have a space for a liquor store, but not able to place a license there. So had the, um, prior variance application not been approved, I take it public's, unless you had chosen to appeal, public's would have built the grocery store, but not the liquor store. In all likelihood, uh, that would be correct. May not have even built the grocery store. Okay. Um, so today where we sit, um, the hardship is primarily financial. Let's say that it, I won't say it primarily because I think financial is not necessarily the, an overriding factor in a lot of variances. I think it is the, uh, the, um, business model operations of public's, uh, the fact that these locations are where their grocery stores have to go, that, uh, finding a location that meets all the distance separation requirements for a freestanding liquor store, um, puts a hardship in them operationally because they now have, uh, two locations to service. Uh, they cannot share, uh, employee base. The security is, um, different than the model that they would, uh, that they have. And, and in fact, they just would not have a liquor store, uh, to serve their clients. We also think that closing one and open this other, um, relationship wise is kind of evidence that we're trying to stay in the area to serve the clients that we've been successful in serving. This is a growing area and, um, but for needing this variance, um, we'd be operating exactly like we are 1400 feet away, uh, in the city of Auburndale. This is a better site overall, I think for the community and it's, it's accessibility. And there's even a traffic signal that's going to be at this intersection, uh, makes it more accessible, uh, to the public. Site plan shows that at least in the vicinity of the, um, flagpole access point to the property. There is, um, a median to control access, I suppose. Um, does that median continue? Is it a divided roadway or is it, is it just, um, is the median traffic control just in that location? Well, this, there, there are medians and I'm not sure if the second one's being installed. Uh, this is a, uh, is basically, this is set up a six lane highway. So the, the right-of-way width that's available for now, and it was actually referenced in the prior, um, application, uh, it's a six lane state highway. So the, typically when you come in with a signalized intersection, they do provide median cuts at the time to control turn lanes. And so the people don't be making a lot U-turns in the middle. So, uh, I think this is representative of what's planned to be there. I don't think those medians are there today. Well, they may be there today because the place is constructed. I know there was a question about the colors. Yeah. I was just trying to understand the significance of them to make sure I'm understanding. Yeah. Well, I think this is, you know, this is as provided by the developer. So looking at this, this is just showing the, the parking field portion of the leased premises. And then the, uh, red is the main store leased premises. The liquor store is the furthest east appendage on that footprint. Uh, so I think that is the main distinguishing remark is to the site plan is why it's been broken out that way. Okay. And I think my last question, um, relates to a statement that was included in the applicant's justification that there are currently no other liquor stores in the immediate vicinity. Um, and that is because we were closing the other public switches, the immediate vicinity, you know, there's none in the county in this location. Um, and the one that's in Auburndale, we're moving, uh, locations subject to this variance being granted. Winn-Dixie was the only other one, but that is pretty much almost outside the distance separation, uh, between uses. I think Winn-Dixie's, Winn-Dixie's like 2,200 feet away, maybe 2,300. And so once the old Publix is closed, that Winn-Dixie would be the closest. Yes. I understand. Okay. Is there anything else you would like to add in support of the application? Uh, no, ma'am. Uh, again, I think staff did a thorough job in their analysis. Uh, hopefully we answered your questions and we respectfully request, uh, recommendation or approval of these variants. Thank you. Okay. I will now open up this application for public comment. Is there anyone who came here today to speak about this application either for or against? Seeing no one, we will close public comment. Anything else from staff? No, ma'am. Thank you. And next up, we will go to LDL VAR 2025-27. LDL VAR 2025-27. Christopher Teagarden is requesting a primary structure rear setback reduction from 15 feet to 5 feet and a primary structure side setback, a side yard setback from reduction from 7 feet to 4 feet for the construction of a 24 by 40 pool cover. The property is 5,663 square feet in size. Uh, it's in a residential low land use district in plan unit development, 8903. Uh, the subject property is located at 222 Blackwood Drive, north of Highway 60, south of the Polk Parkway, east of the County Line Road, west of Church Avenue, uh, south of Shepherd Road, south of the city of Lakeland in Section 27, Township 29, range 23. On July 2nd, 27 mailers were sent to area property owners. One board was posted on the property on July 2nd. A legal ad was published in the Polk Sun News on July 9th. We've received no calls in opposition. Kyle Rogus is the case planner. Good afternoon. Kyle Rogus with land development presenting LDL VAR 2025-27, the Teagarden primary structure variance. The applicant is requesting a primary structure rear setback reduction from 15 feet to 5 feet and a primary structure side setback reduction from 7 feet to 4 feet for the construction of a 24 by 40 pool cover. The subject property is located at 2222 Blackwood Drive, north of Highway 60, south of Polk Parkway, east of County Line Road, west of Church Avenue, south of the city of Lakeland in Section 27, Township 29, range 23. The property is located within a residential low land use district in the transit supportive development area. The property is in phase one of the preserve at Sundance planned unit development, PUD 89-03, and is approximately 0.13 acres. Pursuant of Section 209F of the land development code, roofed accessory structures physically attached or connected to the principal structure shall be considered as part of the principal structure and shall be subject to the same standards as the principal structure. Per PUD 89-03, lots less than 6,500 square feet have a 15 foot rear setback requirement and a 7 foot side setback requirement. The home was built in 2002 at 2,362 square feet. The original homeowner built the pool cage in 2007 with an aluminum roof extending 8 feet from the primary structure under permit number 87540. The rest of the roof was screened between 2014 and 2017. The original homeowner expanded the aluminum roof to cover the entire pool cover without proper permitting and impeding on the primary structure rear setback. The applicant purchased the property in 2022 with the pool cover fully covered. Provided as visual representation of the change in the pool roof, to the left is the aluminum roof extending 8 feet from the primary structure under permit number 87540. To the right is the fully covered pool cage without proper permitting in the state that the applicant purchased the property in October 2022. The next two slides provide visual representation of the conditions of the pool. Sorry, catching up on the slides here. The next two slides provide visual representation of the condition of the pool cage prior to Hurricane Milton and after. These photos show the fully enclosed pool as a driving selling point for the applicant. They enjoyed the covered pool for two years prior to Hurricane Milton. If they cannot put it back to the state of purchase, their purchase will lose value. It is important to note that since the original homeowner expanded the aluminum roof without proper permitting, no code complaints have been filed. These photos depict the aftermath of Hurricane Milton. The structure was expanded without proper permits. Therefore, it is likely it did not meet the proper wind load requirements resulting in the destruction of the pool cage. If the request is to be approved, the structure will be built with proper permits meeting wind load requirements. The site plan demonstrates this is the minimal variance necessary to optimize the use of the owner's land. The applicant intends to rebuild the pool cage in its original established footprint to restore the property's prior utility value. The applicant will utilize the fully covered pool cage as shaded protection to extreme sun sensitivity caused by medication for a service-connected disability. The staff recommends approval. The request is consistent with the land development code and the preserve at Sundance phase one subdivision. The request will cause no direct or indirect harm to the community. There have been no code complaints filed. Other parcels have pool covers in the rear of the property within a 650 foot radius. Approximately 14 homes have pool screens attached to the primary structure and I will stand for questions. The 14 homes that have a covered pool within the vicinity of this one, one to the extent that they needed a variance for it or they just have one up that complies with the setback requirements. Yes, they just have one that complies to the setbacks. The water body that the home backs up to is that a retention pond for the community? Yes. Is the applicant present? Good afternoon. We could have you start by giving us your name and address, please. Chris Teagarden 2222 Blackwood Drive. Okay, um, so you've heard the presentation from staff um, so far is just is there anything generally that you would like to add in support of your application? Uh, did a really good job with his explanation. I just did want to note that the first set of photos of the before and after the photos were pulled directly from the MLS listing that we saw when we bought or before we put in an offer on the house. Um, so that is the condition that we would like it to go back to. Um, or these photos here that are up now, those two photos there. Yes. Um, the reason why we bought this house for this, as you mentioned, was the sun sensitivity due to medication that I take. So I'm able to go out there, take the weight off of my body without getting exposed to the sunlight as the sun does come up and from that backside up and over the house. Um, we're not looking to increase the footprint like you mentioned. We just want to put it back into the condition that it was when we purchased the house. And I don't want to dive too deep into the medical issues. I don't want to dive into them at all. But, um, when you say take your weight off, take the weight off your body, you mean by being in the pool, not by being in the pool deck. Correct. I don't mind mentioning it. I do have suffer from spondyloarthritis. So it affects me from head to toe. Um, matter of fact, I am coming off of a recent flare and over the last couple of months, I haven't been able to use it for that relief because there is nothing protecting from the sun. All right. I think you've addressed, um, the questions that I have. Is there anything else you would want to add? No, ma'am. I have nothing else to add. Okay. Thank you. Thank you very much. Um, I will now open up this application for public comment. Is there anyone who came here today to speak, uh, regarding this application either for or against? Seeing no one, we will close, um, public comment. Is there anything else from staff? No, ma'am. That is all. Okay. Thank you. Next up we have LDL VAR 2025-28. LDL VAR 2025-28. Jeremy P. Williams is requesting a variance to construct a pole barn that has a square footage greater than 150% of the primary residence in an RL-1 land use district. Property is 2.22 acres. The, uh, site is located at 8910 Harrison Road, west of US-98, south of West Sokrum Loop, north of D.R. Bryant Road, east of North Campbell Road, north of the City of Lakeland in Section 3, Township 27, Range 23. On July 2nd, 16 mailers were sent to area property owners. One board was posted on the property on July 9th. A legal ad was published in the Polk Sun News on July 9th. We've received no public opposition. Andrew Grahowski is the case planner. Good afternoon. Andrew Grahowski with Land Development presenting LDL VAR 2025-28, the Harrison Road variance. This is a variance request by the applicant to allow a 4,800 square foot pole barn to be greater than the primary structure on a residential property in the RL-1 land use district. The subject property is located at 8910 Harrison Road, west of US Highway 98, south of West Sokrum Loop Road, north of D.R. Bryant Road, east of North Campbell Road, north of the City of Lakeland in Section 3, Township 27, and Range 23. The property is about 2.22 acres within the residential low 1 land use district, which is about three times larger in size than the minimum district standard. The property is not located in a subdivision and is adjacent to a fish hatchery, which has been in existence since 1966. Originally, the subject property was two lots with a single family residence built in 1978 on one and a mobile home placed on the other lot sometime in 2000. Both lots at the time were approximately 1.1 acres. The applicant purchased the single family residence in 1999 and later purchased the mobile home property in 2003. The mobile home was demolished sometime in 2018. Earlier this year, the applicant combined both of those properties. So the boundaries shown in blue on your screen reflect the current size and dimensions after the properties were combined. Lastly, I'd like to note that there's an additional 1.6 acre vacant lot that was purchased by the applicant in 2017 and is outlined in yellow. According to the submitted site plan, the accessory structure would be situated in the northern portion of the property off of Harrison Road and be about 4,800 square feet and 16 feet tall. It will meet all setbacks in the R01 land use district, which requires 5 feet from the side and rear yards for accessory structures. The structure location is adjacent to the commercial fish hatchery that I mentioned earlier and has dense vegetation to the west to screen from view. The closest residence is over 200 feet from the proposed structure across Harrison Road. Here are some photos of the site visit conducted by staff. This is the front of the property looking off of Harrison Road. Here's a view looking southwest with the approximate foundation of the structure outlined in red. On the right, you can see the dense vegetation to the rear of the property I mentioned earlier. So staff recommends approval. The request meets the variance criteria in section 931 of the land development code. The accessory structure will not be injurious to the area involved or otherwise detrimental to the public welfare as the building is located to the rear of the property while meeting all accessory setback requirements. Staff found no other variance requests within a one mile radius of the site. And with that, I thank you and stand for questions. The adjacent lot that is also owned by the applicant, I take it that's that's not part of the 2.2 acres that has not yet been, it is not combined with the the subject property. That's correct. Did you say it was approximately 1.6 acres or 1.1 acres? So each of the three lots initially were approximately 1.1 acres? That's correct. There was a lot of vehicles out there in those photographs. Yeah. Yeah. Are there's all the applicants vehicles? I'm not sure. Could you put up the aerial photograph again, please? This one? Yeah. This one? Yes. The structure with the orange roof, is that a garage? I believe that's a shed. All right. And the proposed structure is a pole barn, so it'll be open-sided? That's correct. Okay. Is the applicant here? And if you could start by giving us your name and address, please. Jeremy Williams, 8910 Harrison Road. Okay. Start off just by asking you the same general question I've asked others. You know, you've heard the presentation so far. Is there anything you want to add in support of the application? I'm just, I just need a place to put stuff, you know, out of the weather. I have boats and I don't know if those are any in any of the pictures or not, but we have, you know, a bay boat with a tower. Me and all my sons, which all still live at home. That's who most of the vehicles belong to that you're referring to a while ago. All have boats and I just need a place to put my stuff out of the weather because it's just going, the weather's just taking its toll on everything, just sitting outside. And with as much stuff that we have, unfortunately, I need it. I need something bigger than square footage of my house or it won't fit. So multiple boats. Um, what else might go in the, uh, side by side, multiple air, four air boats, a bay boat. I have a 33 foot, um, camper that's not on the premises at the time. It's at my fifth wheel camper. It's at my dad's lake house that I need tall enough for that to fit in. Cause it's 12 foot and some change tall. I need to do some roof repair on it. Well, I have it under a cover where it is. When I bring it home to do that, I need to be able to get it under something to be able to work on it. So it's not exposed to the weather. Do you also have equipment that's needed to maintain your property that you would put there or? Yes. I mean, you know, a lot of my words and stuff like that tractor. My dad's, we kind of share, I use back and forth some, you know, sometimes he has, sometimes I have it, but. Okay. And the structure that's located, um, behind the residence, is that a garage or shit? It's like a carport. Carport, yes. It's open all the way around. I'm sorry. It's just a roof and the walls come down partway. So it's pretty much open all the way around. Okay. But I take it that's not large enough or tall enough or both too? Both. Both. Definitely not large enough. You said you have one or more, um, adult children living with you? Three. Unfortunately, it would cost the things these days. It's hard for, hard for kids to move out. They want to, but. I'm not judging. I'm judging. Which I can't say that I'd want them to leave, but. I understand that as well. Um, if the application is approved, staff has recommended a number of conditions of approval. And, um, one of those conditions is that, um, no home-based business or commercial use can be made of the structure. Once it's built, it can be used for, you know, things related to your home, storage, boats, um, camper, et cetera. But, um, no home-based business or commercial business out of that. Um, anything else you would like to add? I think that's about it. Okay. Thank you. Thank you. We'll now open up this application for public comment. Is there anyone who came here today to speak about this application, either for or against? No one. We will pose public comment. Anything else from staff? No, ma'am. Okay. Thank you. And then that will take us to our last item of the day, which is LDL VAR 2025-29. LDL VAR 2025-29. Michael Mungovern is requesting a primary side setback reduction from five feet to two feet for a carport. Property is 0.07 acres located in West Hugh Ridge. Uh, the land use designation is RL 4X. It's in the Northridge selected area plan under PUD 83-2. The site is located at 251 Patterson Road, west of Orchid Road, east of Highway 27, north of the city of Haines City, and section 17, township 27, range 27. On July 2nd, 69 mailers were sent out to property owners. A revised mailer was sent out on July 14th, clarifying that this was an expansion of the primary, uh, residence. Uh, one board was posted on the property on July 24th, and a legal ad was published in the Polk Sun News on July 9th. So far, we've received no response from the public. Aaliyah Pereira is the case planner. Good afternoon. Aaliyah Inglimo with Land Development presenting LDL VAR 2025-29, the West View Ridge Resorts variance. The applicant is requesting a primary side setback reduction from five feet to two feet for a carport. The subject site is located at 251 Patterson Road, west of Orchard Road, east of Highway 27, north of the city of Haines City, in section 17, township 27, range 27. The site is approximately 0.07 acres located within the residential low future land use district and within the Northridge SAP. So the West View Ridge Resorts subdivision plat was created prior to the land development code and the comprehensive plan. Multiple lots within this community have carports like what the applicant is proposing. Eight similar variances have occurred in this neighborhood since 2020. So here's a picture from my site visit. The applicant wants to park vehicles in the carport and also be protected from the elements. If approved, the request will not be interest to the area involved or otherwise detrimental to the public welfare because other homes within this neighborhood have attached primary structures. The owner will still be able to maintain the carport two feet from the property line for maintenance. In special conditions and circumstances exist which are peculiar to the land structure or building involved is the unique shape of the parcel, the PUD requirements, and the small lot size affect the use of this lot. And I'll stay up for questions. Unique lot shape. Tell me about that. What's unique? Is that the lot is at an angle and just there's not a lot of space based on how the lot is structured. So what's being requested is only a side setback, not a rear setback, correct? Yes ma'am, just the side. Are there any other sheds or storage or any other structures on the site other than the residence? I think that's on the other property. I'm not entirely sure, but I don't see any sheds. Who goes at the neighbor? That's theirs. Okay, they have a gazebo in the back. Do you have an aerial that shows that? That's not attached to the home, correct? No ma'am. Okay, is the applicant or applicant's representative present? Chad Hammond representing Mr. Mongovan. And Michael Mongovan. Okay, and I take it you're authorizing Mr. Hammond to speak on your behalf? Okay, that's fine. You're welcome to provide remarks as well. It's up to you. Okay. Mr. Hammond, I just need an address from you, please. H-45, Westview Ridge. Do you need my address? Yes. It could be, I mean, if it's a business address, that's fine. It's just whatever. 281 Diamond Ridge, Ballard, Auburndale, Florida. Okay. You have heard staff's presentation so far. Is there anything you would like to add in support of the application? Uh, just that the gazebo that's on the property is no longer there. Okay. And, uh, also the structure will have gutter and downspouts to route the water onto the customer's property. The tree's gone. You can see a tree on the side of the house. See that tree back there? It's gone. Yeah. Could I have you speak into the gazebo? That's where the gazebo used to be, right by the tree. But there's a slab of concrete there now. Um, my neighbor wanted the gazebo. I said, go ahead, take it. Cause I'll never use it. It was either repair the gazebo or get rid of it. And I don't go out in the yard a lot. So I'm like, get rid of it. You know? So I gave it to them and they took it away. They hauled it away. Okay. I just want to get my car out of the sun. You know, the sun destroys everything. And the carport would be in line with the front and back of the residence. Yes, ma'am. So run the full length of the residence. Okay. And I take it, it would also provide a shaded sitting area outside if you wanted that. Yes, ma'am. Okay. Um, anything else you'd like to add either one of you? Thank you. Okay. Thank you. Thank you. And I will now open up the application for public comment. Is there anyone who came here today in support of the application? Seeing no one, we will close public comment. Anything else from staff? No, ma'am. Okay. Then I think we are done for today. Thank you.