> JAMES SCAROLA: PLEASE RISE for the PLEDGE of ALLEGIANCE

1

CAPTIONING

SEPTEMBER 23, 2013

ZONING HEARING MASTER

***This is not an official, verbatim transcript of the ***following meeting. It should be used for informational ***purposes only. This document has not been edited; ***therefore, there may be additions, deletions, or words ***that did not translate.

> JAMES SCAROLA: PLEASE RISE FOR THE PLEDGE OF ALLEGIANCE.

> I PLEDGE ALLEGIANCE TO THE FLAG, OF THE UNITED STATES OF AMERICA, AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL.

> JAMES SCAROLA: WELL, GOOD EVENING, EVERYBODY AND WELCOME TO THE SEPTEMBER23rd, 2013 MEETING OF THE HILLSBOROUGHCOUNTY ZONING HEARING MASTER.

MY NAME IS JAMES SCAROLA.

AND I WILL BE YOUR HEARING OFFICER THIS EVENING.

SO WHAT WE'LL DO TO GET THINGS UP AND RUNNING IS I WILL FIRST BE TURNING TO OUR STAFF TO ASK FOR ANY CHANGES TO OUR AGENDA.

PLEASE LISTEN CAREFULLY IN CASE YOUR PETITION IS INVOLVED.

FOLLOWING THAT, I WILL GO THROUGH A SET OF PROCEDURES ON HOW WE WILL CONDUCT THE HEARING AND THEN WE'LL MOVEON TO OUR FIRST CASES.

WITH THAT, I WOULD LIKE TO INTRODUCE YOU TO MR.BRIAN GRADY.

> BRIAN GRADY: GOOD EVENING, MR.SCAROLA, AGAIN FOR THE RECORD, BRIAN GRADY, HILLSBOROUGH COUNTY DEVELOPMENT SERVICES DEPARTMENT, BEFORE I GO TO THE CHANGES OF THE AGENDA.

JOINING US AT THE DAIS ARE CAMERON CLARK WITH THE COUNTYATTORNEY'S OFFICE AND YENEKA MILLS.

WE HAVE NO CHANGES ON TONIGHT'S AGENDA.

I WILL GO THROUGH THE PUBLISHED WITHDRAWS AND CONTINUANCES BEGINNING ON PAGE 5 OF THE AGENDA.

THE FIRST ITEM, A6, SPECIAL USE APPLICATION, 130344.

THIS APPLICATION IS OUT OF ORDER TO BE HEARD AND IS BEING CONTINUED TO THE OCTOBER21st, 2013 ZONING HEARING MASTER HEARING.

A7, MAJOR MOD APPLICATION, 130700 THIS APPLICATION IS CONTINUED TO STAFF TO THE OCTOBER21st, 20 13 ZONING HEARING MASTER HEARING.

ITEM A8, REZONING APPLICATION, 130758.

THIS APPLICATION IS OUT OF ORDER TO BE HEARD AND IS BEING CONTINUED TO THE OCTOBER21st, 2013 ZONING HEARING MASTER.

ITEM A9, 13764, THE APPLICATION IS OUT OF ORDER TO BE HEARD AND IS BEING CONTINUED TO THE OCTOBER21st, 2013 ZONING HEARING MASTER.

AND A10, 130794, IS BEING CONTINUED TO THE OCTOBER21st, 2013 ZONING HEARING MASTER HEARING.

> JAMES SCAROLA: OUR AGENDA, IF YOU LOOK CLOSELY AT THE FIRST TWO ITEMS A LITTLE DIFFERENT THAN THE REST OF THEM.

THEY ARE KNOWN AS SPECIAL USE REQUESTS AND IN THE CASE OF A SPECIAL USE REQUEST, I WILL BE CONDUCTING THE HEARINGS THIS EVENING, JUST TWO OF THEM AND MAKING A DECISION WITHIN 15 WORKING DAYS.

AND THERE'S SOME CERTAIN RIGHTS THAT GO ALONG WITH APPEALING THOSE DECISIONS THAT WE'LL HEAR FROM OUR ASSISTANT COUNTY ATTORNEY FROM IN JUST A LITTLE BIT BEFORE WE CONDUCT THOSE PARTICULAR HEARINGS WITH RESPECT TO THE REMAINING CASES ON THE AGENDA, THEY ARE REZONING AND MODIFICATIONS TO ZONINGS.

IN THOSE CASES, THE LAND DEVELOPMENT CODE REQUIRES THAT A PUBLIC HEARING BE CONDUCTED PRIOR TO THE FINAL HEARING BY THE BOARD OF COUNTYCOMMISSIONERS.

WE RENDER A DECISION TO THE BOARD WHO MAKES THE FINAL DECISION AT THEIR PUBLIC MEETING.

IN GENERAL THIS HEARING TONIGHT IS GOING TO BE INFORMAL.

ALL THE QUESTIONING WILL BE CONFINED AS CLOSELY AS POSSIBLE TO THE SCOPE OF DIRECT TESTIMONY.

SO WHAT THAT MEANS IS THAT WHEN YOU COME FORWARD, YOU WILL BE SPEAKING DIRECTLY WITH ME, NOT TO OTHER PEOPLE IN THE AUDIENCE OR OTHER PANEL MEMBERS UP HERE, YOU WILL BE SPEAKING DIRECTLY WITH MYSELF.

AS THE HEARING OFFICER, I WILL CALL AND QUESTION WITNESSES AS NECESSARY AND APPROPRIATE, AND I WILL BE DECIDING QUESTIONS ON PROCEDURE.

IRRELEVANT, IMMATERIAL OR UNDULY REPETITIOUS MATERIAL WILL BE EXCLUDED.

ANY PART OF YOUR EVIDENCE MAY BE RECEIVED IN WRITTEN FORM AND ALL OF YOUR TESTIMONY TODAY IS GOING TO BE UNDER OATH.

HEARSAY EVIDENCE MAY BE USED FOR THE PURPOSE OF SUPPLEMENTING.

IT MAY BE USED FOR THE PURPOSE OF SUPPLEMENTING OR EXPLAINING OTHER EVIDENCE BUT IT'S NOT SUFFICIENT ON ITS OWN TO SUPPORT A FINDING BY ME, UNLESS IT WOULD BE ADMISSIBLE OVER OBJECTIONS IN A CIVIL ACTION.

SO HAVING SAID THOSE FORMALITIES HERE'S BASICALLY HOW WE WILL CONDUCT THE HEARINGS.

FIRST, A BRIEF INTRODUCTION BY STAFF OF EACH PETITION, AND THE APPLICANT AND ANY OTHER WITNESSES WILL COME FORWARD.

YOU WILL HAVE UP TO 15 MINUTES TO PRESENT YOUR PETITION AND ANY SUPPORTING EVIDENCE.

AT THAT TIME, I WILL LOOK TO THE ADMINISTRATOR FROM THE DEVELOPMENT SERVICES DEPARTMENT TO GIVE ANY STAFF DEPARTMENTAL FINDINGS AND A LITTLE SUMMARY OF THEIR STAFF REPORT.

THEY WILL HAVE ABOUT FIVE MINUTES TO DO THAT.

IF THE PLANNING COMMISSION IS INVOLVED IN THE PARTICULAR PETITION, I WILL TURN TO THE PLANNING COMMISSION AND ASK FOR ANY STATEMENT OF COMPLIANCE OR NONCOMPLIANCE WITH THE COMPREHENSIVE PLAN AND THEN I WILL LOOK TO ANY PROPONENTS.

ANY PROPONENTS OR THOSE OTHER THAN THE APPLICANT.

NOT THE APPLICANT AGAIN, BUT THOSE OTHERS WHO MIGHT BE SUPPORTING THE PETITION AND THEY WILL HAVE A TOTAL OF UP TO 15 MINUTES TO PRESENT SUPPORTING TESTIMONY OR EVIDENCE.

AT THAT POINT, I WILL LOOK FOR ANY OPPOSITION.

IF YOU ARE OPPOSING A PETITION, YOU WILL HAVE AN EQUAL AMOUNT OF TIME, A TOTAL OF 15 MINUTES TO COME FORWARD AND PRESENT ANY OPPOSITION TESTIMONY OR EVIDENCE.

AT THAT POINT, I WILL TURN BACK TO STAFF IN CASE THERE ARE ANY CHANGES TO THEIR REPORTS BASED ON THE TESTIMONY PROVIDED AND LASTLY THE APPLICANT WILL HAVE A CHANCE FOR REBUTTAL AND THAT'S FOR A PERIOD OF FIVE MINUTES.

THESE TIMES ARE THE TIMES THAT ARE PRESCRIBED BY THE LANDDEVELOPMENTCODEFORHILLSBOROUGHCOUNTY.

AND PLEASE, WE HAVE A NUMBER OF CASES ON THE AGENDA.

DON'T FEEL THE NEED TO FILL THE TIME JUST TO GET YOUR IMPORTANT TESTIMONY AND EVIDENCE OUT AND ON TO THE RECORD.

A COUPLE OF TIPS FOR YOU.

WHEN YOU COME FORWARD, WE'RE ESTABLISHING A RECORD TONIGHT.

THERE'S A MICROPHONE.

TAKE IT.

BRING IT DOWN TO YOUR MOUTH LEVEL SO YOU CAN SPEAK CLEARLY INTO THE MICROPHONE.

ALWAYS YOUR NAME AND ADDRESS FIRST.

NAME AND ADDRESS FIRST.

IF YOU LEAVE FOR ANY REASON, AND HAVE TO COME BACK TO THE PODIUM, IT'S ALWAYS GOOD TO SAY YOUR NAME ONE MORE TIME.

AGAIN, THAT RECORD IS A WRITTEN RECORD, TRANSCRIPT THAT'S BEING ESTABLISHED AND WE NEED TO KNOW WHO IS SPEAKING IN THE WRITTEN RECORD.

WHEN YOU ARE ALL DONE, IF YOU HAVE ANY PARTICULAR WRITTEN EVIDENCE, YOU CAN SUBMIT IT TO THE CLERK AT THE END OF THE LECTERN HERE AND THERE'S A SIGN OUT SHEET.

SO WHEN YOU ARE ALL FINISHED WANDA IS HOLDING IT UP FOR YOU, JUST SIGN YOUR NAME AND THAT WILL CONCLUDE YOUR TESTIMONY AND PRESENTATION.

NOW, SINCE WE WILL BE CONDUCTING OUR SPECIAL USE CASES FIRST, I'M GOING TO ASK MR.CAMERON CLARK OF OUR COUNTYATTORNEY'S OFFICE TO EXPLAIN YOU TO YOUR RIGHTS TO APPEAL DECISIONS MADE AS A RESULT OF THIS EVENING'S HEARING.

GOOD EVENING, CAMERON.

> CAMERON CLARK: GOOD EVENING, MR.SCAROLA.

I'M AN ASSISTANT COUNTYATTORNEY.

THIS PORTION OF THE LAND USE HEARING OFFICE OF IS FOR SPECIAL USE REQUESTS.

TODAY IS A TIME FOR ALL INTERESTED PARTIES TO PRESENT EVIDENCE AND TESTIMONY.

THIS EVIDENCE AND TESTIMONY WILL BE THE ONLY EVIDENCE SUBJECT TO REVIEW BY THE APPEALS BOARD IF AN APPEAL IS FILED.

THIS MEANS THAT THE RECORD CLOSES AT THE END OF TODAY'S PUBLIC HEARING AND NO NEW EVIDENCE WILL BE ADMITTED.

A DECISION MAY BE APPEALED TO THE APPEALS BOARD.

THE APPEALS BOARD WILL ONLY CONSIDER THE LAND USE HEARING OFFICER'S DECISION AND THE RECORD OF TODAY'S PUBLIC HEARING IN REACHING A FINAL DECISION ON PETITIONS.

IF AN APPEAL IS FILED, THE APPEALS BOARD HEARING SHALL BE LIMITED TO THE RECORD OF TODAY'S HEARING, AND SHALL CONSIST OF ORAL ARGUMENT BY COUNTY STAFF, THE PARTY APPEALING THE DECISION, AND ANY INTERVENERS, EACH OF WHOM MAY BE REPRESENTED BY COUNSEL.

THE FOLLOWING SHALL ABSTAIN TO APPEAL THE HEARING OF A LAND USE OFFICER.

ONE IS THE APPLICANT, TWO IS ANY PERSON OR ENTITY THAT APPEARED BEFORE THE HEARING OFFICER, PRESENTED TESTIMONY OR OTHER EVIDENCE AND IS ADVERSELY AFFECTED BY THE DECISION OF THE HEARING OFFICER.

IT IS THE ROLE OF THE COUNTYATTORNEY'S OFFICE TO ENSURE THAT NO NEW EVIDENCE OR TESTIMONY IS ALLOWED BEFORE THE APPEALS BOARD.

THE COUNTYATTORNEY WILL RECOMMEND THE APPEALS BOARD DISREGARD TESTIMONY NOT CONTAINED IN THE RECORD OF TODAY'S HEARING.

ANY EVIDENCE PRESENTED TO THE APPEALS BOARD THAT'S OUTSIDE OF THE RECORD OF TODAY'S PUBLIC HEARING COULD JEOPARDIZE THE LEGALITY OF THE APPEALS BOARD DECISION AND THE PRESENTER OF THAT DECISION COULD HURT HIS OR HER OWN CAUSE.

THE SAFEST COURSE OF ACTION THEN IS FOR YOU TO WRITE ANY COMMENTS YOU MAKE TODAY AND REPEAT THEM TO THE APPEALS BOARD.

THEREFORE, PLEASE BE SURE THAT ALL INFORMATION YOU WISH TO BE HEARD BY THE APPEALS BOARD IS CONTAINED IN TODAY'S RECORD.

THANK YOU.

> JAMES SCAROLA: THANK YOU, MR.CLARK.

IF YOU PLAN ON COMING FORWARD TONIGHT TO PRESENT ANY TESTIMONY AND PROVIDE ANY EVIDENCE, I WOULD LIKE YOU TO RISE WITH ME.

RAISE YOUR RIGHT HAND, PLEASE.

[ADMINISTERING OATH]

THANK YOU.

ALL RIGHT, BRIAN, I THINK WE ARE READY FOR THE FIRST PETITION.

> BRIAN GRADY: THE FIRST IS ON PAGE 9 OF THE AGENDA.

130708.

IT'S WINTHROPRETAILBUILDING.

THE REQUEST IS FOR A SPECIAL USE FOR WAIVERS FOR AN ALCOHOLIC BEVERAGE 2COPR AND LORI BOYLAN WILL PROVIDE STAFF RECOMMENDATION AFTER PRESENTATION BY THE APPLICANT.

> JAMES SCAROLA: GOOD EVENING.

MR.McCOLINI.

CAN YOU HOLD FOR ONE SECOND?

WE HAVE A PROBLEM WITH THE MICROPHONE.

LET'S MAKE SURE WE GET YOU ON THE RECORD.

> GOOD EVENING, STEVE McCOLINI, I'M HERE ON BEHALF OF THE WINTHROP DEVELOPMENT GROUP.

WE ARE PETITIONING FOR A 2COPR AT 11230 SULLIVAN STREET.

THIS IS A 3,571 SQUARE FEET CENTER AND THE USE IS AVAILABLE UNDER THE CONDITIONS APPROVED IN 2012.

WE ARE SEEKING APPROVAL FOR APPROXIMATELY 3500 SQUARE FEET FOR A RESTAURANT USE OF WHICH 2,900 SQUARE FEET IS INDOORS AND APPROXIMATELY 595 SQUARE FEET IS OUTDOOR PATIO.

WE DO MEET THE LOCATIONAL CRITERIA WITH THE WAIVERS THAT WE ARE REQUESTING.

THERE'S A DAYCARECENTER THAT'S APPROVED BUT NOT BUILT WITHIN THE CENTER.

WE ARE REQUESTING A DISTANCE WAIVER FROM THAT.

THERE ARE ALSO RESIDENTIAL USES WITHIN THE DISTANCE SEPARATION REQUIREMENT THAT WE'RE REQUESTING A WAIVER FOR AS WELL, BUT THOSE, AGAIN, ARE NOT BUILT.

WE ARE WITHIN THE LOCAL TRANSPORTATION NETWORK THAT SERVICE THE AREA.

WE BELIEVE THAT THIS DOES NOT CREATE ANY TRANSPORTATION IMPACTS AND AS SUCH, WE WOULD RESPECTFULLY REQUEST YOUR APPROVAL.

> JAMES SCAROLA: THANK YOU FOR YOUR TESTIMONY, SIR AND DEVELOPMENT SERVICES?

> GOOD EVENING, LORI.

> LORI BOYLAN: LORI BOYLAN.

I WANT TO BRING YOU A COPY OF THE P.D. THAT SHOWS THE LOCATION OF HIS COMMERCIAL, VERSUS WHAT HE NEEDS A WAIVER TO.

> JAMES SCAROLA: OKAY.

> LORI BOYLAN: I PUT A LITTLE STARON THAT COMMERCIAL POCKET THAT'S ADJACENT TO THE BLOOMINGDALE.

THE APPLICANT IS REQUESTING A SPECIAL USE FOR A 2COPR ALCOHOLIC BEVERAGE PERMIT TO ALLOW BEER AND WINE FOR SALE ON AND OFF THE PREMISES IN CONNECTION WITH THE ENTRANCE.

AT LEAST 51% OF THE RESTAURANT'S TOTAL BIANNUAL SALES SHALL BE DERIVED FROM THE SALE OF FOOD AND NONALCOHOLIC BEVERAGE.

THE REQUIREMENT SHALL NOT BE WAIVED OR VARIED.

IT WILL INCLUDE 3,571.2 SQUARE FEET WITH A TOTAL OF 2,976FEET INSIDE AND 595.2 OUTSIDE.

THE WINTHROP PLAN DEVELOPMENT REZONING 97113 ALLOWS FOR SINGLE DETACHED, SINGLE FAMILY ATTACHED AND LIVE/WORK UNITS ADJACENT TO THIS PROPOSED WET ZONING.

THESE UNITS HAVE NOT BEEN COMMITTED FOR SITE DEVELOPMENT OR BUILT YET.

ALSO APPROVED ON THE WINTHROP DEVELOPMENT ZONING PLAN IS A PROPOSED DAY CARE SITE WITHIN 325FEET OF THE PROPOSED WET ZONING THAT'S NOT BEEN SUBMITTED FOR SITE DEVELOPMENT OR BUILT YET.

THE POLITIC NEEDS A WAIVER TO THE RESIDENTIAL ZONING OF 100FEET, 150FOOT DISTANT.

THE POLITIC NEEDS A WAIVER OF 175FEET TO THE COMMUNITY USES, 500FOOT DISTANCE REQUIREMENT.

I'M HERE IF YOU HAVE ONE QUESTION.

> JAMES SCAROLA: WAS YOUR STAFF REPORT CHANGED AT ONE POINT?

I'M LOOKING AT ONE THAT SAYS NO WATT ZONED REPORT.

THAT'S IN THE STAFF REPORT?

> THAT'S A TYPO.

IT SHOULDN'T SAY THAT.

> JAMES SCAROLA: WOULD YOU KINDLY CORRECT THE STAFF REPORT AFTER THE HEARING?

> LORI BOYLAN: YES.

> JAMES SCAROLA: THANK YOU.

> LORI BOYLAN: MMHMM.

> JAMES SCAROLA: IS THERE ANYBODY HERE IN SUPPORT OF THIS REQUEST?

SEEING NONE, IS THERE ANY OPPOSITION TO THE REQUEST?

ANYTHING ELSE FROM THE APPLICANT?

> WE THANK YOU, SIR.

IT'S AN APPROVED USE.

THANK YOU, STEVE McCOLINI.

> JAMES SCAROLA: WE WILL CLOSE SPECIAL USE 13708 WITH THAT.

> BRIAN GRADY: THE NEXT ITEM, SPECIAL USE 130785, GUNN HIGHWAY LIQUORS.

IT'S FOR A DISTANCE SEPARATION WEATHER.

LORI BOYLAN WITH THE COUNTYSTAFF WILL PROVIDE A STAFF RECOMMENDATION AS A PRESENTATION BY THE APPLICATION BY THE RECORD.

> MICHAEL HORNER 13502 NORTH DALE MABRY HIGHWAY, SWEET 200 TAMPA, REPRESENTING THE APPLICANT AND THE OWNER, GUNN HIGHWAY LIQUORS LLC.

I WAS JUST RETAINED RECENTLY AND FILED AN AFFIDAVIT IN THE RECORD FOR THE AUTHORIZED AGENT.

MY CLIENT WHO IS WITH ME TONIGHT, YOU WOULD STAND AND BE RECOGNIZED HAS FOUND HIMSELF IN A RATHER CONSTRAINED POSITION.

HE CURRENTLY HAS HIS LOCATION AT THE NORTHWEST CORNER OF ANDERSON ROAD IN THE SHOPPING CENTER, IN THE NORTHWEST CORNER.

HE IS DIRECTLY ABUTTING THE LIFESTYLE L.A. FITNESS, I SHOULD SAY.

THEY ARE NOW REQUIRING HIM TO VACATE AND MOVE WITHIN 90 DAYS BY THE END OF DECEMBER, BE IT THAT LIFESTYLES HAS A DESIRE TO TAKE THAT SPACE AND USE IT FOR A BASKETBALL COURT.

SO MY CLIENT HAS PURCHASED TRIED TO LEASE, BUT ENDED UP PURCHASING OUTRIGHT THE SONNY'S RESTAURANT, THE NORTHWEST CORNER OF HENDERSON AND GUNN, WHICH IS A HALF MILE TO THE WEST.

IT'S A VERY SIGNIFICANT ACQUISITION FOR HIM.

WE SPOKE ABOUT THE NUMBER OF INVESTMENT OPPORTUNITIES THAT HE'S LOOKED AT.

THIS IS THE ONLY ONE THAT MET HIS CRITERIA FOR THE NEIGHBORHOOD SERVING LOCATIONAL PROVISIONS.

HE'S NOT PLEASED WITH THE APPEARANCE OF THAT STRUCTURE.

IT'S GEARED TO BE A SONNY'S RESTAURANT AND HE'S PLANNING ON RENOVATING IT AND PLANNING TO REMODEL IT WITH STONE WORK AND STUCCO.

I WAS RETAINED BECAUSE UNBEKNOWN TO HIM A LETTER WAS PRODUCED FROM THE CARROLLWOOD HOMEOWNERS ASSOCIATION.

WE FILED, MR.SCAROLA AND I WILL FILE ALSO INTO THE RECORD I WILL ALSO FILE INTO THE RECORD A COPY OF ADDITIONAL FINDINGS OF FACT FROM OUR PERSPECTIVE FOR THE ADDITIONAL JUSTIFICATION.

THIS IS GOING FROM A 2COPR CONSUMPTION TO CONSUMPTION OFF PREMISE.

THE PHYSICAL FOOTPRINT REMAINS UNCHANGED.

THE PARKING REMAINS UNCHANGED.

ONLY PHYSICAL ALTERATIONS WILL BE COSMETIC AS WELL.

SO IN ADDITION TO THE CRITERIA, THE JUSTIFICATION WAIVERS FILED BY MY CLIENT, WE ARE FILING AN ADDITIONAL SEVEN FOR A TOTAL OF 11 JUSTIFIED DISTANCE SEPARATION REQUIREMENTS.

I'M ALSO GOING TO REFERENCE THE 2003 LAND USE HEARING OFFICER REPORT BY MS.TUSING WHO IS A FORMERLAND USE OFFICER IN THE COUNTY.

I WILL QUOTE ON AUGUST2003

> JAMES SCAROLA: I WANT TO KNOW WHAT THE EXACT SAME FOOTPRINT, THE SONNY'S OR THE USER'S EXISTING LOCATION?

> THE SONNY'S.

THIS IS THE 2003 APPROVAL FOR THE EXISTING FOOTPRINT ON THE SONNY'S SITE WHICH IS CURRENTLY BEFORE YOU.

"SEPARATION OF THE RESIDENTIALLY ZONED PROPERTY BY HENDERSON ROAD AND AN 8FOOT CONCRETE WALL, THE CUSTOMER ORIENTATION AWAY FROM THE RESIDENTIAL AREA WITH NO DIRECT ACCESS TO THE RESIDENTIAL DEVELOPMENT, AND THE LOCATION OF THIS RESTAURANT WITHIN A LARGE PLANNED DEVELOPMENT COMMERCIAL CORRIDOR MITIGATE THE NEED FOR ADDITIONAL SETBACK BETWEEN USES" AND THAT WAS FILED AUGUST29th, 2003.

THIS PROPERTY, I PUT AN OVERHEAD GRAPHIC FOR THE AERIAL PHOTOGRAPH ON THE ELMO.

THIS PROPERTY'S DRIVEWAYS ARE NOT CHANGING.

YOU CAN SEE THE TECO SUBSTATION OCCUPIED VIRTUALLY THE NORTHEASTERN CORNER WHICH IS PARALLEL TO THE REAR PROPERTY LINE OF THE BUILDING FOOTPRINT.

BEHIND THE TECO SUBSTATION IS A COUNTY PUMP STATION, WHICH HAS A SEPARATE DRIVEWAY ACCESS OFF HENDERSON ROAD AND IS ALSO WALLED OFF.

AND THEN WE HAVE THE PLATTED SUBDIVISION LOTS OF THE ASSOCIATION SUBDIVISION BEHIND.

THOSE LOTS, MR.SCAROLA, ARE ALL INTERNALLY ORIENTED.

THEY ARE NOT EXTERNALLY ORIENTED TO HENDERSON.

THERE ARE TWO ACCESS POINTS TO THAT SUBDIVISION.

THE PRIMARY ENTRANCE IS OFF GUNN HIGHWAY.

THE SECONDARY ENTRANCE IS OFF HENDERSON, WHICH IS ALIGNED WITH THE UHAUL STORAGE WAREHOUSE DRIVEWAY THAT'S ALSO GATED TO THE BACK.

WHEN I WAS THERE TAKING PHOTOGRAPHS AND I WILL FILE ADDITIONAL PHOTOS IN THE RECORD FOR YOUR REVIEW, BOTH OF THOSE ACCESS DRIVES ARE GATED BUT IN THE UHAUL GATED ENTRY, IT WAS OPEN AND ALL THE UHAULS ARE STILL STACKED UP AND STRADDLING UNDER THE RIGHTOFWAY.

SO IF THERE'S A TRAFFIC CONFLICT, IT WOULD BE AT THAT ACCESS POINT AND THAT ALIGNMENT AND CERTAINLY NOT AT THE GUNN HIGHWAY INTERSECTION WHERE THERE'S A TURNING LANE AND GEOMETRIC IMPROVEMENTS.

SO NOTHING IS CHANGING IN THE PHYSICAL PROPERTY, BESIDES COSMETIC IMPROVEMENTS.

THIS IS THE MIDDLE OF A COMMERCIAL INTERSECTION.

MY CLIENT HAS A STRONG USER I.D. REQUIREMENT ON SITE.

HE'S BEEN OPERATING SINCE 2008 AT THE ANDERSON ROAD FACILITY.

HE HAS WORKED WITH THE COMMUNITY, ACTUALLY HIRED EMPLOYEES WHO WERE CLOSED DOWN AT A RETAIL STORE.

MY CLIENT HAS REASONABLE HOURS OF OPERATION.