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Hillsborough County hearing reviews variances across setbacks, septic, generators and an alcohol-permit waiver for assisted‑living clubhouse
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Summary
The land use hearing officer heard multiple variance requests April 13, 2026, ranging from sign setbacks and accessory‑structure coverage to septic lot‑size and a generator setback; staff recommended approval of a requested waiver for a restaurant alcohol permit inside an assisted‑living community clubhouse. One variance was continued for additional notice and staff follow‑up.
Steve Luce, the land use hearing officer, opened the April 13 session and explained procedures, including that written decisions will be filed within 15 working days and that staff presentations are five minutes while applicants have 15 minutes.
The agenda covered a long list of variances, several of which drew extended public testimony. A sign setback request at 16235 Lake Magdalene Boulevard sought a 5‑foot reduction to allow a 14‑foot, 10.5‑inch pole sign to sit with a 5‑foot front setback. The applicant, identified in the record as Lori (Laurie) Smith, told the hearing she relied on measurements from parking stalls and property‑appraiser imagery rather than a civil survey.
Owner Matthew Remsen asked the hearing officer for a variance to keep a staircase that encroaches into the southwestern side‑yard setback. Remsen said the raised 1988 home is elevated 16 feet and that the current stair location is necessary for safe access and to avoid clearing environmentally sensitive woods. "The hardship in this case is unique to the property," Remsen said, arguing that moving the stairs would harm safety or require more grading.
Several applicants described permitting or contractor problems they say led to code enforcement involvement. Bernadette Rogers, seeking a 5‑foot front‑yard variance, said she furnished a survey showing her house sits within her property lines and complained the permitting and contractor process had left her with foundation cracks and delays. Loretta Lopez, whose office accessory structure was built after purchase, said Hurricane 2024 and subsequent TECO work prompted code enforcement and that she has applied for a permit to finalize the unpermitted structure.
On utilities and lot‑size matters, staff told the hearing that the Land Development Code requires half an acre of upland for septic use; two parcels under consideration measure roughly 0.24 and 0.29 acres and therefore require variances if the owners are to rely on septic. For an accessory‑dwelling request, staff noted the code requires at least 7,000 square feet; the applicant reported the parcel is 6,000 square feet and the hearing officer agreed to continue that item to allow further discussion with staff and to meet mailing‑notice deadlines.
A homeowner, Anvish Kumar Patel, sought a variance after an installed backup generator ended up inside the required rear yard setback. Patel described relying on an installer and manufacturers and said inspections flagged the encroachment late in the process. A neighbor spoke in support and no opposition appeared on the record.
In the most notable special‑use item, counsel Cammy Corbett described a request for a 4‑COP (restaurant) alcoholic‑beverage permit inside the clubhouse at an assisted‑living facility identified in the record as The Bridges at Suite Water Grand. Tim Lamkin of Development Services summarized staff review and said the applicant requests a distance‑separation waiver — proposing roughly 11 feet of separation where the code requires 250 feet — to allow internal service to residents and members of the planned development. "Staff finds the proposed wet zoning will not result in significant impacts on surrounding land uses and the application of the specified distance requirement is therefore unwarranted," Lamkin said. No opposition was recorded during the public comment period; staff recommended approval.
Procedural outcomes: most items concluded after testimony with no immediate vote in the chamber; one application (Variance 26‑04‑93) was continued to the June Land Use Hearing Officer meeting to accommodate mailing/notice deadlines and to give the applicant time to work with staff. Several other items were held in abeyance or concluded with staff and applicant follow‑up; the hearing officer said written decisions will follow.
The hearing adjourned after the last applicant presentation and the record will close for each case when the hearing officer issues the written decision.
