Tampa council upholds denial of design exception for 4001 E. Hillsborough Ave.

Tampa City Council on Thursday affirmed the zoning administrator’s denial of a design-exception request for 4001 East Hillsborough Avenue, rejecting a proposal that would have allowed a 138-foot front-yard setback, a principal façade not facing the public right-of-way, and parking in the front yard.

The hearing, conducted de novo under city code section 27-61, featured staff presentations, testimony from the property owner and his engineer, and public comment. Eric Cotton, development coordination, told council that staff’s position was the parcel could be reconfigured to meet the East Tampa Overlay’s intent — narrow build-to front setbacks, principal facades facing public streets and parking located to the rear. "The staff's position is the building could be flipped and a different design could be utilized to bring the building up close, which is the intent of the overlay district to make it more pedestrian friendly," Cotton said.

Property owner Fadi Mubarak described the site’s history, saying a prior grocery store burned years ago and that he has secured tenants and financing for a new retail plaza. "I was ready to do the project," Mubarak said, arguing that an L-shaped layout with front parking was necessary to attract tenants and preserve access for an adjacent check-cashing store with a long lease.

Civil engineer Alejandro Bosch told council the proposed reorientation raised technical issues: an existing south-side easement and fire-access requirements, driveway geometry, potential encroachment on neighbors and internal circulation problems for service and garbage trucks. Boschart also said the proposed layout reduced available parking compared with alternatives.

A public commenter, Stephanie Pointer, urged the council to uphold the overlay rules: "This sounds like a whole lot of I wanna do what I wanna do and I don't give a crap what your rules are," she said, arguing the applicant had ignored the community’s stated design goals.

Councilman John Maniscalco (motioning) and Councilman Viera (seconding) moved to overturn the zoning administrator’s denial, arguing the parcel’s prior use as a grocery store with front parking made the site unique and defensible as a nonconforming condition. The motion to overturn failed after roll call: council recorded two votes in favor and four opposing the overturn (the transcript records the roll as Miranda, Hirtak, Young and Carlson voting no; Maniscalco and Viera in favor; one member absent).

Councilwoman Young then moved to affirm the zoning administrator’s denial, citing the East Tampa Overlay District’s pedestrian-first standards. Her motion carried; the council recorded that the motion passed and the denial was upheld.

The council’s action leaves in place the zoning administrator’s denial of Design Exception DE125-160. Because this was a de novo review, the decision is the council’s final administrative action in this proceeding unless appealed to a court. The hearing record remains available to parties and the council indicated no immediate follow-up items beyond the formal vote.

What’s next: The council closed public testimony on the item following the vote. Any future building proposal for the site would need to comply with the East Tampa Overlay standards or return with a revised application that addresses the council’s stated concerns.