Planning Commission - public_hearing

5th, 2026 land use hearing officer meeting. 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 in to the clerk. I'm Seth Claytor, an attorney with the law firm of Boswell and Dunlap in Bartow, Florida. I've 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 our attention now as we want to avoid any potential conflicts. I have reviewed each of the cases that will be heard here today, and I don't believe there are any conflicts. During this meeting, please put all cell phones and other communication devices on vibrate. And to provide you a brief explanation of the meeting procedures today, the cases will be called 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 following the county's presentation, I will open public hearing and the applicant will present any additional information they would like to provide. After the applicant has conducted their presentation, I will provide 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 questions you raised during your comments and try to have them answered following the close of public comment. Once public comment is closed, there will be no more public comment on that specific case. The county and or applicant will have an opportunity to rebut any testimony provided and then we will proceed. 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 very important that you speak into the microphone to ensure an accurate recording. So please speak slowly and clearly. After public comment closes, the applicant in the county, as stated, will be given an opportunity to answer any questions. 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. And as I found out, it is not business days, it is calendar days. I will do my best to complete them sooner. Again, if you would like a copy of my decision, please fill out the form on the back table and provide it to the clerk. As for ex parte communications, for the record, I have received no ex parte communications. That means that no one has contacted me about these cases outside of these hearings today. If anyone needs an interpreter, please let the clerk know and the county staff will try to arrange one for you. Is there anyone in the audience that requires the services of an interpreter? All right, swearing in. All testimony today must be given under oath, so I will now ask the clerk to swear in all speakers.

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 question. Do you swear or affirm that the testimony you provide today is the truth, the whole truth, and nothing but the truth? Thank you.

The first item on the agenda is the minutes for the April 23rd, 2026 land use hearing officer meeting. We can show those minutes as being accepted. I have reviewed them and they are an accurate reflection of the hearings conducted on April 23rd, 2026. Okay. The first case on today's agenda under new business is LDL VAR 2026-18. And I'll ask staff for its presentation.

LDL VAR 2026-18 Timothy Moss is requesting a variance to allow accessory structure larger than the primary structure on a 1.26 acre property in the agricultural residential rural area. The subject property is located at 5804 Anderson Road, north of Cowpin Road, east of 80-foot Road, south of East Highway 60, east of the City of Bartow in Section 7, Township 30, Range 26. On June 10th, 28 mailers were sent to area property owners. One board was posted on the property on June 10th. A legal ad was published in the Polk Sun News on June 10th. Aaliyah Nglima is the case planner.

Good afternoon. Aaliyah Nglima with Land Development presenting LDL VAR 2026-18, the Anderson Road variance. The applicant is requesting a variance to allow an accessory structure to be larger than the primary structure. The subject site is located at 5804 Anderson Road, north of Cowpin Road, east of 80 Foot Road, south of Highway 60, and east of the city of Bartow. The site is approximately 1.26 acres, located within an agriculture residential rural future land use district in the rural development area. So the subject parcel is surrounded by a cluster of lots ranging in size from an acre to five acres, and then sometimes bigger. The applicant was cited by code enforcement and seeks to come into compliance. The accessory structure is 1,440 square feet and will be used as a carport. The primary home is approximately 1,404 square feet. This accessory structure in question is larger by 36 square feet. It will be located to the side of the home, which is permitted. If the property met five acres within the ARR lane use, the applicant would not need a variance. This is due to Section 209G, allowing accessory structures administratively to be permitted up to 150% of the principal structure, square footage, or height. So here's a picture of the structure from my site visit. The home does not have a garage. It is common in this area for residential properties to have large accessory structures. So whether the variance granted is the minimum variance that will make possible the reasonable use of the land building or structure is prior to Hurricane Ian, the applicant had a carport, but the hurricane destroyed it. A pole barn was put back in its place as the carport because it was more cost efficient. The home does not have a garage and many other residential properties in the area have large accessory structures. And I'll stand for any questions.

Is the applicant in attendance? Please come up and state your name and address for the record if you have any testimony or evidence you'd like to present. Just please state your name and address for the record.

Sarah Moss, 5803 Anderson Road. Bartow, Florida, 33830.

And the correct address is 5803 Anderson Road. Correct.

Yes, that is correct. Okay, we will make note of that, 5803. I was checking to make sure the case file is right.

Is there any testimony that you would like to add?

No?

No. Okay. Thank you very much.

I will now close the public hearing and open for public comment. Is there any from the public that would like to speak on this matter? Seeing none, I will close public comment and ask staff if they would like to provide any closing testimony.

No, sir. I'll correct the staff report for the address.

We do have it in the property appraiser's office file. It's 5803. That's where we got the discrepancy.

Noted as a scrivener's error.

Yeah. Their scrivener's error, not yours. Yeah, exactly. You might want to get that corrected on your property tax card that It's got the wrong address. Oh, sorry. Yeah. That's right. Okay. Yeah, we got it right. Yes. We'll correct it.

Thank you. Okay. I see that there are no additional comments or rebuttal testimony. I'm going to close the hearing for case number LDL-VAR-2026-18. The next case will be LDL VAR 2026-22.

LDL VAR 2026-22. Sean Chason is requesting a rear side setback variance to build a shed accessory structure towards the western rear of the property on approximately 0.3 acres in a residential suburban district. The property is located at 7747 Nature Trail in the Derbyshire subdivision east of Walt Williams Road. On June 10th, 29 mailers were sent to area property owners. One board was posted on the property on June 10th and a legal ad was published in the Polk Sun News on June 10th. There is one letter in opposition. Tyler Daniels is the case planner.

Tyler Daniels from Land Development presenting LDL VAR 2026-2022. The applicant is requesting a rear and side setback variance to build a detached accessory shed in the southwestern corner of the property. The property is located at 7747 Nature Trail in the Derbyshire subdivision east of Walt Williams Road. It sits in the residential suburban land district within the suburban development area. The applicant purchased the property in 2013. The principal residence was built in 1988 and is approximately 1,800 square feet on 0.3 acres. And the surrounding lots are all single family homes within the same subdivision. Here is a context aerial showing accessory structures in the neighborhood. The applicant is placing the shed in the corner. It provides direct access for offloading, and there's an existing gate in the fence on that side to bring equipment through the gate straight to the shed. The applicant has an established garden near the pool, and the structure would be clear of that area. The proposed shed is 144 square feet, 12 by 12. It is a single-slope structure that rises from About seven feet in the back and on a six foot fence and about eight feet facing the north interior of the property. The applicant has a six foot fence around the entire property. Here's the proposed area and the neighboring structure in the backside of the property. And there's the tree blocking the further setback in the garden in the applicant's yard. Justification request will not be injurious to the area or detrimental to the public welfare. The shed is a single slope structure set behind the principal residents with a limited visibility from nature trail and the immediate neighbors. It does not block any neighbors view affect drainage or change the residential character of the street. Granting the variance will not confer any special privilege. Detached storage sheds are common throughout the development and aerial imagery confirms multiple accessory structures on nearby lots. The applicant is seeking a variance for something already permitted in the district. Staff recommends approval and I stand for further questions.

Is the applicant in attendance? Do you have any testimony or support that you'd like to present for consideration? Come on up. Please state your name and address for the record.

John Chasson, 7747 Nature Trail. No, the only other thing I was going to say is the picture, you can see there's a double gate on that side. So part of my reason for setting it back into the corner as well is me and my wife have contemplated and talked about buying a boat or a travel trailer from time to time, according to our HOA guidelines there as well. It has to be parked behind the fence as in our bylaws. So setting it back as far that allows me to have no limitation really on the length of those items. Don't have them currently, but we have talked about owning them. And that's where it would be parked at on that side with double gate. My drain field sits on the other side. So that's why that side's not an option. So the east side of the property, east side of the pool, that's where the drain field runs. We don't need to get into north, east, south, west.

Directionally challenged. Okay. That's it. But that would explain why you have to shift it to the other side of the room.

That's why it's on that side and the purchase of the boat or travel trailer or, you know, gardens exist over there. I just tried to push it back to as far back to the corner as I could but left a gap so I could mow behind and it wouldn't get nasty behind it.

There was a picture of an accessory structure that was located.

That's a playground that I'm actually currently taking down. The blue shed there? Oh, that's the neighbor behind me. Yeah, hers is like 12 foot tall behind me. Is that property within your subdivision? Yes.

And that looks like it is relatively close to the.

It is, but. Yeah. It's close, but it's also massive. Mine's not going to be that tall. Thank you.

Is there anyone else that would like to speak on behalf of the applicant or in opposition? I'm going to open public comment. Seeing none, I will close public comment. I will briefly discuss the letter in opposition, which was received. It's dated June 22nd, 2026. Signed, well, not signed, but at least it indicates it is from a Mr. Gregory K. Morris. And it discusses incompatibility with the homeowners association, uh, conditions, covenants and restrictions. And I will state for the record that, um, private deed restrictions do not operate to preempt local law, um, adopted via ordinance. So, uh, and rendering any decision or entering any order, um, the CCRs or the, uh, The private deed restrictions will not be contemplated or will not be relevant to my decision. Okay. That being said, I will ask staff if they have any closing comments or testimony they'd like to provide.

No, that's it. Okay.

I'm going to go ahead then and close case number LDL VAR 2026-22. And I will call the next case, which is LDL VAR 2026-28. LDL VAR 2026-28.

Marcos de Vila is requesting a primary structure rear setback reduction from 15 feet to 10 feet for the installation of a solid roof over an existing screen enclosure. The property is 0.1 acres. It's located in the Poinciana Pre-Development and Regional Impact, PUD 9812, known as Sola Vida. It is located at 413 Grand Canal, north of Palmetto Street, south of Walnut Street, east of the City of Haines City in Section 2427, Range 28. On June 10th, 34 mailers were sent to area property owners. One board was posted on the property on June 10th. Legal ad was published on the Polk Sun News on June 10th. Receives no response from area property owners. Aaliyah Nglima is the case planner.

Good afternoon. Aliyah Gleymo with Land Development presenting LDL VAR 2026-28, the Grand Canal Drive variance. The applicant is requesting a primary structure rear setback reduction from 15 feet to 10 feet for the installation of a solid roof over an existing screened enclosure. The subject size located at 413 Grand Canal Drive, north of Palmetto Street, south of Walnut Street, east of the city of Haines City. The subject site is designated as lot 383 in the Solavita phase 3A subdivision. The applicant intends to add a solid roof over an existing screen enclosure because the solid aluminum roof will be attached or connected to the principal structure, the newly proposed solid aluminum roof requires a variance to reduce the primary structure rear setback. So here's the picture of the structure from my site visit. Lots 385, 384, and 381 nearby received approval to have a solid roof coverage over their screen enclosures. The rear of the property abuts tract P-A, designated as a stormwater retention pond, seeking rear yard setback relief when abutting common areas has become commonplace throughout this development. Since 2020, the county has processed and approved roughly 54 variance cases within the Point Siena and Sola Vida developments. Rather, granting the variance will be in accordance with the general intent and purpose of the code and that the variance will not be injurious to the area involved, otherwise detrimental to the public welfare, as this is not the only property within the immediate surrounding neighborhood with a solid aluminum roof to extend coverage over an existing screen enclosure. Four other variants were approved in this phase. It will not limit the neighbor's peripheral view of the open space. The request to provide full roof coverage with a screened area will have little to no effect on the two immediate neighbors to the north and south. and the roof will go over the existing patio footprint. And I'll stand for any questions.

Thank you. Is the applicant in attendance? Seeing no one. I will open for public comment. Is there anyone here that would like to speak on behalf of or in opposition of the request before me? Seeing none, I will close public comment and ask staff if there are any additional comments or any testimony or evidence they'd like to present in closing.

No, sir. Okay. Thank you.

I will close LDLVAR 2026-28. I will call LDLVAR 2026-39.

LDL VAR 2026-39 Melissa Garcia is requesting to reduce the principal structure right-of-way setback from 35 feet to 12 feet to reduce the principal side structure setback from 15 to 6 feet and to replace covered patios and permit the location of the current mobile home. The property is located on 0.21 acres in an agricultural residential rural district located at 3825 Alturas Babson Park Cut-Off Road, west of Lake Buffum, southwest of Cruise Road, southwest of the City of Lake Wales in Section 29, Township 30, Range 27. On June 10th, 24 mailers were sent to area property owners. One board was posted on the property on June 10th. A legal ad was published in the Pulk Sun News on June 10th. No response from the public. Ian Nance is the case planner. Good afternoon.

Ian Nance with Land Development. Staff recommends approval of LDL VAR 202639, a request to reduce the right-of-way setback from 35 feet to 12 feet for a patio cover on the front of the home, and the principal side setback from 15 feet to 6 feet for a different attached patio cover on the rear of the home. The site is located at the intersection of Alturas, Babson Park Cut-Off and Lake Buffum Roads, southwest of Lake Wales. It is in an agricultural, residential, rural land use district where minimum lot sizes are required to be five acres, with setbacks appropriate for lots of this size. Lake Buffum Road is a collective roadway, but is not conforming to today's standards, coming closer to local road standards and width. The site's location at this intersection creates a unique shape when compared to other properties in the area. The subject site is a legal lot of record and is approximately 0.19 acres, well shy of the five-acre minimum for ARR districts, and aligning it more with what is expected in a residential low three or low four land use category. The request is to reduce the right-of-way setback from 35 feet to 12 feet for a small front patio that provides access to the front door of the home. The rear patio will require a reduction from 15 to 6 feet. The owner purchased the property in 2022 and was in the midst of renovating it when these setback violations were detected. The home was placed on site in 1980 and itself is in violation of ARR standards. Given the shape and size of the parcel, it would be virtually impossible to move the structure or add attached structures to it without intruding into one of multiple setbacks. This is an older photo, but it is looking towards the southeast and you can see the small patio in the front. Even with the reduction, the patio will be approximately 20 feet from the edge of pavement. This is looking towards the back of the home where the rear patio will go. Staff recommends approval. The lot is small for the district standards and the setbacks are too restrictive. Staff finds no evidence that this will in any way affect the safety or general welfare in the area. Finally, this was approved by the land use hearing officer in 2023, but the applicant did not build the structures within the two-year time frame required by the conditions of approval that has since expired. This request is the exact same as the previous approval. With that, I thank you and will stand for questions.

Pursuant to applicable code requirements, would this be considered a corner lot or a lot that is, they would not, a lot of this dimension and location would not meet current code requirements? That's correct. Yes, sir. It'd be a corner lot. Okay. Thank you. Is the applicant in attendance? Would you please come up and state your name and address for the record?

Melissa Garcia, address is 3825 Alturas-Bapsen Park Cut-Off Road, Lake Wells, Florida, 33859.

Thank you.

Do you have any testimony or evidence you'd like to present on this case? No? There's not going to be any issues if this were granted by pulling the permit this time, will there?

Excuse me?

I see it was brought in 2023, but a permit wasn't pulled.

I was in the process of pulling the permit, but for some reasons, personal reasons, I couldn't do it at that time. But now I am trying to get the permit done and finish up since I'm trying to get to the point where I can live in that house.

Okay. Yeah.

Thank you.

Thank you.

Is there anyone else that would like to speak on behalf or in opposition of the case or matter before me? Seeing none, I'll close public comment. I'll ask staff if they have any closing comments or rebuttal testimony.

Just one closing comment. I'd like to point out the conditions of approval number three. This is a two-year time frame. We extended this to five years, given hardships that might occur with the applicant.

also there's not much going to change out in this area for any given time if it comes back in three years we're going to have the same slideshow again so we feel comfortable extending the approval to five years so we don't end up back i i would agree if granted we will i think an extended time period there to pull the permit is reasonable excellent thank you okay um if there is uh nothing left uh to discuss i'm going to close said case and There are no more cases on the agenda. Does staff have anything else they'd like to present?

No, just to remind you that the next hearing is July 14th, and it's on a Tuesday.

July 14th on a Tuesday at 1.30 p.m.? 1.30 p.m., yes. Thank you. That being said, we're adjourned.