Then you or anyone from the public who wants to make statements either for the proposal or against the proposal can speak once you've been sworn in. Once all the testimony and evidence is heard, I'm going to close the public meeting, and in a week to 10 days, I'm going to be evaluating the facts, making a decision, and sending the decision back to the planners, and they will disseminate the order, which codifies my decision to you. So without further ado, we're going to have Madam Clerk swear everyone in. So you can stand in place and just raise your right hand. If you're going to address the land use hearing officer on any case today, please stand and raise your right hand and answer out loud to the following questions. Do you swear or affirm that the testimony you provide today is the truth, the whole truth, and nothing but the truth? Thank you. Mr. Peterson, can we call the first case? Yes, Madam Hearing Officer. I just want to mention before we begin that we have one case that was advertised that is continued to the December 9th hearing. This is LDL VAR 2025-58. That is the name of the case is the Saturn Street variance that has been continued to December 9th. Thank you. Our first case is LDL VAR 2025-56. Marcos de Villa, on behalf of Michelle Silva, is requesting a primary structure rear setback reduction from 10 feet to 5 feet for the installation of a 13 by 5 aluminum roof. The subject property is located at 795 Via Como Street, north of Village Center Road, south of Cypress Parkway, east of Point Siena Parkway, west of Marigold Avenue, east of the city of Haines City, in section 14-27-28. The property is 0.1 acres. It's in the Point Siena Pre-Development of Regional Impact Plan Unit Development 98-12, also known as, and specifically known as Solovita Phase 5C. On November 4th, 102 mailers were sent to area property owners. One board was posted on the property on October 29th. A legal ad was published in the Polk Sun News on November 5th. So far, we've received no response from the public. Kyle Rogas is the case planner. Good afternoon. Kyle Rogas with Land Development, presenting LDL VAR 2025-56, the Solovita Phase 5C variants. The applicant is requesting a primary structure rear setback reduction from 10 feet to 5 feet for the installation of a new 13 by 5-foot solid aluminum roof. The subject site is located at 7795 Via Como Street, north of Village Center Road, south of Cypress Parkway, east of the Point Siena Parkway, west of Marigold Avenue, east of Haines City, in section 14, township 27, range 28. The property is located in the Point Siena Pre-Development of Regional Impact, Planned Unit Development, PUD 98-12, Solovita Phase 5C subdivision, in the Transit Supportive Development area. The homes in this phase of the development are situated on the lots so that the developable area is mostly completely covered by the structure, leaving only the undevelopable space within the setback requirements. Many buyers in the development see little value in the private open space that remains. As a result, within the Solovita Phase 5D subdivision, there had been three similar variance requests. The owner purchased the subject site in December of 2022. It is located within the interior of the development, with road frontage off Via Como Street, a private roadway. To the east and west of the subject site are similar-sized lots and single-family housing. Both lots, to the east and west, have an extended lanai to the rear. Located to the rear yard of these units also abuts an open space track P-16. This track is utilized as an internal wet retention pond. Seeking rear yard setback relief when abutting common areas has been a common place throughout this development. The owner will derive more utility from the space if it is enclosed with screens and covered with the solid roof. There is no significant harm that may cause another property owner. The aluminum roof expansion will not and is not permitted to extend into any drainage easements. The existing home on the subject site was constructed in 2022 and met the primary structure setbacks of 10 feet front, 5 feet side, and 10 feet rear, under building permit BR-2022-679. BR-2022-679 was approved with a lanai enclosure on the southeast portion of the house. The applicant later filed for a building permit BR-2023-812 for the construction of a new 30-by-5 screen enclosure with concrete slab to expand the lanai. The requested variance is believed to be the minimal variance necessary to optimize the use of the owner's land. The applicant intends to extend roof coverage only over a portion of the existing lanai for a handicap and elderly assistance. The surrounding development, like the surrounding development, the screen enclosure does not have a solid roof at the time of the construction. Therefore, no variance was needed for the extension. Because the solid roof will be attached or connected to the principal structure, the newly proposed 13-by-5 solid portion in BR-2025-6174 requires a variance to reduce the primary structure rear setback from 10 feet to 5 feet. And you can see these are the other houses within that surrounding area that have extended lanais that are screened. Staff recommends approval. The placement of the primary structure on the lot creates the existing circumstances. PUD-9812 is approved for primary structure rear setbacks from 10 feet front and, or excuse me, 10 feet rear, and accessory structure rear setbacks of 5 feet. Both lots to the east and west have an extended lanai to the rear, located to the rear yard of these units, also abuts an open space track P-16. This track is utilized in an internal wet retention pond, seeking rear setback relief when abutting common areas has become a common place throughout this development. The aluminum roof expansion will not, and is not permitted to extend into any drainage easements. And with that, I will stand for questions. Were the three other variances in this area granted? Yes. Is anyone here on behalf of LDLVAR 2025-56? If so, please come forward, both of you. Can you both state your name and your address for the record, please? Michelle R. Silva, 795 Via Como Street, Ponciana, Florida, 34759. My name is Mohamed Habibullah. My address is 795 Via Como Street, Ponciana, Florida, 34795. Thank you. Do you have anything, any evidence you want to present or any testimony you want to present? Not, not at this time. And you, you do want this solid roof put on, is that correct? Yes, because my lanai has been very wet and saturated and it's slippery when it's raining. Mr. Rogas, do you have any questions of them? No, I do not. Is there anyone else who wants to speak either for or against this variance? Seeing no one raising their hand or jumping up and down, I'm going to close the meeting and go forward with the next hearing. They will be in contact with you. You'll get a written order and you'll be able to use that to go forward. Okay. Thank you. Our next case is LDL VAR 2025-57. David Dakota Colt Thresher is requesting a variance for a pole barn that, that has a square footage that's greater than 150% of the primary structure in the residential suburban land use district on, uh, properties of more than one acre. Uh, the subject site is located at 4427 Old Government Road, north of State Road 60, east of County Line Road, south of Pipkin Road, and Yule Road, west of Hatcher Road, north of Spring Lane, southwest of the city of Lakeland, in section 20, township 29, range 23. The property is 3.3 acres in a residential suburban district on October 1st. At least 41 mailers were sent to area property owners. One board was posted on the property on October 31st. Uh, legal ad was published in the Polk Sun News on, uh, November 5th. So far, we've had no response from the public. Andrew Grahowski is the case planner. Good afternoon, Madam Officer, um, Andrew Grahowski with Land Development, presenting LDL VAR 2025-57, the Thrasher Variance. This is a variance request by the applicant to allow an existing accessory structure on residential property to be greater in height and square footage than the primary structure. Staff is recommending approval. The subject site is located at 4427 Old Government Road, north of State Road 60, east of County Line Road, south of Pipkin Road, and Yule Road, west of Hatcher Road, north of Spring Lane, southwest of the city of Lakeland, in section 20, township 29, and range 23. The property is about 3.03 acres located in the residential suburban land use district in the suburban development area and is considered a lot of record. Um, the area is surrounded by single-family residential subdivisions, southwest of the city of Lakeland and Lakeland Municipal Airport. Um, it's important to note a similar variance to construct an accessory structure 150% larger than the primary, um, home was approved on the neighboring property directly to the west. Case number is LDVAR 2019-16. The neighbor, outlined in red, received approval in 2019 to construct a 3,024-square-foot pole barn, which was about 190% larger than the, um, 16, or, I'm sorry, 1,615-square-foot primary residence. So, the pole barn, uh, proposed, or existing pole barn is situated to the rear and side. Um, as you can see, the adjacent neighbor to the west, um, their, uh, proved variance is outlined in orange, um, their pole barn. Um, so the, uh, proposed pole barn location, it's located to the, on the, along the western property line, close to, um, where that existing pole barn is that was approved back in 2019. Based on conversations with the applicant, the accessory structure is 22 feet tall at its highest point, while the home is 12 feet, 8 inches in height. Uh, the pole barn will meet setback requirements for accessory structures in the RS district, which are 5 feet side and 10 feet rear. The structure is open on all four sides and allows the applicant to store recreational vehicles, as well as agricultural equipment and machines on their property. Sheltering these items and tools from the elements will extend their useful lifespan, according to the applicant. So, here are a few site photos from staff site visit. Um, the first one is looking at the entrance of the property taken off of Old Government Road. The pole barn is now visible on the eastern, uh, from the photo on the, taken along the eastern side of the property, um, looking at the driveway entrance. While the pole barn is over 150% greater in square footage and almost 10 feet taller, you can see the photo, um, in the photo that the entrance, um, or that the structure is setback greatly from the road. This makes the pole barn appear incidental and subordinate compared to the primary home, as required for accessory structures in sections 206 and 209 of the LDC. Um, and just, here's another image of the pole barn, uh, zoomed in in greater detail. You can also see the neighbor's accessory structure, um, which has received variance approval back in 2019. So, staff is recommending approval. The barn will not be injurious to the area involved or otherwise detrimental to the public welfare, as the property is over three acres in size, which is sufficient to accommodate an accessory structure to the rear and side yard. Um, limiting visibility from the public right of way while meeting all setback requirements in the RS district. Additionally, the western neighbor received variance approval for a similar request that allows them to enjoy their accessory structure for storage purposes. And with that, I thank you and stand for questions. Is anyone here on this case, could you come forward, please? Hi, can you state your name and your address for the record? My name is David Dakota Colt Thrasher. My address is 4427 Old Government Road, Lakeland, Florida, 33811. Thank you. Do you have anything to present? About time. Obviously, you, you want this, um, you're going to store mowing equipment or ranching equipment or? Our, our agriculture equipment, like our tractors and trailers and our equipment uses and stuff, like our attachments and what else. Okay. Okay. Uh, is there anyone else here who wants to speak either in opposition to or in approval of this variance? Hearing no one, I'm going to close the meeting. And, uh, you'll, we'll be in, planning department will be in contact with you. It's important that you wait till the order gets to you. I think they send it out by email. So, um, it shouldn't be much more than a week to 10 days. Any questions of anyone here? Okay. Thank you. Thank you. Have a good day. Thank you. No, it's okay. It's not a problem. Our next case is LDL VAR 2025-60. Shirley Fuquay is requesting a primary structure rear setback reduction from 10 feet to 6 feet for the installation of a new 28 by 15 solid aluminum roof. The subject property is located in the Poinciana Pre-Development Regional Impact No. 1, Plan Unit Development 9812, Solovita, Phase 7G, Unit 2. Uh, specifically located at 622 San Joaquin Drive, north of Barcelona Drive, south of Cypress Parkway, east of San Clemente Avenue, west of Marigold Avenue, east of Haines City, and section 15, township 27, range 28. On October 1st, uh, 33 mailers were sent to area property owners. Uh, two boards were, oh, sorry, wrong one. Uh, on October 1st, 63 mailers were sent to area property owners. One board was posted on the property. Uh, on October 29th, a legal ad was published in the Polk Sun News on November 5th. There's been no response from the public. Kyle Rogus is the case planner. Good afternoon again. Kyle Rogus for the Land Development, presenting LDL VAR 2025-60, the Fuquay Solovita Phase 7G variants. The applicant is requesting a primary structure rear setback reduction from 10 feet to 6 feet for the installation of a new 28 by 15 solid roof. The subject site is located at 622 San Joaquin Drive, north of Barcelona Drive, south of Cypress Parkway, east of San Clemente Avenue, west of Marigold Avenue, east of Haines City, and section 15, Township 27, range 28. The property is located in the Poinciana pre-development regional impact number one, planned unit development, PUD 9812, Solovita Phase 7G Unit 2 subdivision, and the transit supportive development area. Lots within the Solovita Phase 7G Unit 1 and 2 are typically 0.17 acres. Although the lots are slightly larger, offering more relief from setback requirements, the individual floor plans dictate how much developable area is left. Many buyers within the development see little value in the private open space that remains. Within the Solovita Phase 7G subdivision, there have been numerous building permits for extended screen enclosures to the rear of the property. Many utilize the screen roof, not requiring a variance request for the rear setback reduction. The owner purchased the subject site in December of 2022 and is located in the exterior of the development within road frontage of San Joaquin Road, a private roadway. Neither of the abutting lots to the east and west have an extended lanai to the rear. To the southwest, the subject site abuts lot 23 of Solovita Phase 7G Unit 1, where an existing 27-by-10-foot covered screen patio room was built under building permit BLDH 223865. To the southeast of the property backs up to the southeast of the property backs up to the open space, tracked LD13 and tracked P22. Seeking rear yard setback relief when abutting common areas has become commonplace throughout the development. This aluminum roof expansion will not and is not permitted to extend into any drainage easements. The existing home on-site was constructed in 2014 and met primary structure setbacks of 10 feet front, 5 feet side, and 10 feet rear under building permit BLDH 223850. BLDH 223850 was approved with an lanai enclosure to the southwest portion of the house. The applicant later filed for the building permit BLDH 247101 for the construction of a new 28-by-15 screen enclosure with concrete slab to expand off the lanai. Now under building permit BR 20256635, the applicant is looking to add a new solid roof to extend over the screen enclosure. The expansion is minimal relative to the structure. It will not limit the neighbor's peripheral view of the open space. The screen enclosure is already existing under BLDH 247101. Therefore, the request to provide full coverage of the lanai will have little to no effect on the immediate surrounding neighbors to the east and west. This will not be the only property within the immediate surrounding area that will have a solid aluminum roof, providing full coverage for an existing screen enclosure. To the southwest lot 23 of Solovita's Phase 7G Unit 1 has an existing covered screen patio room. And staff recommends approval. The existing home on the subject site was constructed in 2014 and met the primary structure setbacks of 10 feet front, 5 feet side, and 10 feet rear under building permit BLDH 223850. This expansion is minimal relative to the structure. It will not limit the neighbor's peripheral view of the open space. The screen enclosure is already existing under BLDH 247101. Therefore, the request to provide full roof coverage of the existing screened area will have little to no effect on the immediate neighbors to the east and west. And with that, I will stand for questions. Is there anyone here on this variance? I'm Shirley Fuquay, the owner. I only want to call attention to two things, I believe. My street is accurate, but my street is road, not drive. And I hope that doesn't disqualify me. No, no, no. No, no. And I believe you mentioned that the house was purchased in December. It was June, yes. June. Okay. That was a correction that I had with the staff report. But in my comment sheets here, I have December. So that is a correction. I just want to be sure that. Okay. I don't have anything to add other than having a solid roof will help with the sun. I have east, south, and west sun all day. And, of course, with the rain. So those are the only comments I have. Thank you. Anyone else here who wants to speak either for or against this variance? No? Good. Thank you very much. I will close the meeting. And as I said before, an order will be forthcoming from the planning division within about seven to ten days. Thank you. Anything else? That is all we have. Did we approve last month's meeting notes? Oh, you did. Okay. Yes. I'd like to have someone make a motion so I can approve last month's meeting notes. I don't think you have to make a motion. Oh, okay. Then I approve last month's meeting notes. Sure. Can you state your name and where you live? Yes, ma'am. I'm Heather Harris, and I live at 3430 Lori Lane South in Lakeland, Florida, 33801. We were here for the Saturn Street variance. While I know it's been continued, you continued it to December 9th, and my mother-in-law, who would have to be here, is a first responder for Polk County and is on shift that day. Okay. And so I didn't know if there's any other date that we can switch it to? We can continue it to the January. And what date would that be? Meeting. The January 22nd. Oh, okay. Is that it? Just take the day off then? Come on up, ma'am, please. Sorry. We were not expecting. We have another court date that day as well at 1, January 22nd. Can we do something time-wise, or when do your shifts begin? I'm a Polk County firefighter. I'm on shift 24 hours, 8 a.m. to 8 a.m. It's possible that I could just get the morning off. Can you speak in? I'm sorry. I can get the morning off, but I'll be in uniform. You can speak. You can have someone speak on behalf of you. Just provide an affidavit. Oh, my daughter-in-law. That would be perfect. Yeah. Yeah. Would you like to keep it on the 9th then? Oh, yeah. Can we leave it on the 9th? Perfect. The 9th. I thought I had to be here. No, that solves everything. If you're a daughter-in-law, would you say the name again? Heather Harris. And then you're going to be speaking on behalf of your mother-in-law. Kimberly Harris. Thank you so much. Okay, thank you. We can go forward then. We didn't want to delay you. Yeah, that's perfect. Thank you. Okay. Thank you. Have a great day. Thanks. You can provide us a letter, a document, just stating that. It's a letter handwritten from her. Yes. Thank you so much. Seeing no one in the audience other than us, I'm going to close this meeting. Thank you. Yay.