Land use hearing officer hears after‑the‑fact wetland setback variance for Lutz property

HILLSBOROUGH COUNTY, Fla. — A Lutz property owner asked the Hillsborough County Land Use Hearing Officer on March 31 to grant a variance for a storage building constructed inside a 30‑foot wetland conservation setback.

The applicant, Raul Hernandez, told the hearing that he built the storage unit for family belongings and now needs a variance so he can obtain a building permit for the structure. “The variant is being asked because there was a storage unit that was built on the property to store family stuff, etcetera, and he needs the variance so he can require the building permit to move forward,” the interpreter said on behalf of Hernandez.

County natural resources staff described the request as an after‑the‑fact encroachment into the wetland conservation area setback for Wetland B. Wayne Doyen of Hillsborough County Natural Resources explained that the applicant seeks a maximum encroachment of 19.6 feet into the required 30‑foot setback, leaving about 10.6 feet of wetland setback remaining, and that the applicant provided a compensation planting plan dated Jan. 8, 2025.

Neighbors who said they live adjacent to Hernandez’s parcel spoke in support. James Hall, who said he lives at 1110 Lake Charles Circle, described the lot layout and said the area where the shed was placed is narrow and bordered by ponds, one of which he described as man‑made and often dry. “The best place for him to place his storage unit was straight back on that 1 piece of property,” Hall said. Donald Renner, who said he lives two doors north of the applicant, and other neighbors including Sarah and Richard Pope also spoke in support, saying Hernandez improved the property.

No one registered opposition during the public comment portion of the hearing. County Development Services had no additional comments at the close of testimony.

The land use hearing officer closed the public hearing on variance WS25‑341 and indicated she will issue a written decision to be filed with the clerk of the Board of County Commissioners within 15 working days of the hearing. The hearing record will be the basis for any future appeal to the land use appeals board.

Because this was an after‑the‑fact request, staff noted the applicant supplied a compensation planting plan and that the proposal was limited to Wetland B; the hearing officer asked clarifying questions about Wetland A and B locations during the presentation.

A written decision will indicate whether the officer finds the variance criteria satisfied and, if approved, will include any conditions and findings of fact.

Hernandez and neighbors were asked to sign the hearing record with the clerk before leaving the hearing room.