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Planning & Zoning Board

Regular Meeting

Hialeah, FL · February 12, 2020

AgendaMinutes

Minutes

CITY OF HIALEAH PLANNING AND ZONING BOARD MEETING February 12th, 2020 Summary Agenda- Minutes HIALEAH CITY HALL 7:00 P.M. 501 PALM AVENUE-3RD FLOOR HIALEAH Call to order. Invocation and pledge of allegiance ALL LOBBYISTS MUST REGISTER WITH THE PLANNING AND ZONING BOARD PRIOR TO ITEM BEING HEARD A MAXIMUM OF 4 SPEAKERS IN FAVOR AND 4 SPEAKERS IN OPPOSITION WILL BE ALLOWED TO ADDRESS THE PLANNING AND ZONING BOARD ON ANY ITEM. EACH SPEAKER’S COMMENTS WILL BE LIMITED TO 3 MINUTES. 1. Roll Call. Present: Mr. D. Perez, Mr. Rodriguez, Mr. Iglesias & Mr. Lavin Absent: Mr. Casanova, Mr. O. Perez & Mr. Horgan 2. Approval of Planning and Zoning Board Summary Agenda of January 29th, 2020 as submitted. Motion to Approve: Mr. Rodriguez; Second: Mr. Iglesias Motion Approved: 4-0-3 Item approved ADMINISTRATION OF OATH TO ALL APPLICANTS AND ANYONE WHO WILL BE SPEAKING BEFORE THE BOARD ON ANY ITEM. A WRITTEN DECISION AND RESOLUTION WILL BE PREPARED AND PRESENTED FOR REVIEW TO THE CITY COUNCIL. THE CITY COUNCIL IS AUTHORIZED TO AFFIRM, AFFIRM WITH CONDITIONS, OR OVERRIDE THE DECISIONS BY RESOLUTION. AFTER THE RESOLUTION IS ADOPTED, CONTACT A MEMBER OF THE CITY CLERK’S OFFICE TO OBTAIN A COPY OF THE FINAL DECISION AND RESOLUTION. UPON YOUR RECEIPT OF THE FINAL DECISION AND RESOLUTION, CONTACT THE BUILDING DEPARTMENT TO OBTAIN YOUR REQUIRED BUILDING PERMIT. SUMMARY MINUTES, OR A COPY OF THE AUDIO FILE OF THE PROCEEDINGS BEFORE THE PLANNING AND ZONING BOARD, SHALL BE PREPARED AND SUBMITTED TO THE CITY COUNCIL BEFORE ITS HEARING. THE PLANNING AND ZONING BOARD RECOMMENDATIONS FOR THE FOLLOWING PUBLIC HEARING REQUESTS WILL BE HEARD BY THE CITY COUNCIL, AT ITS SCHEDULED MEETING OF TUESDAY, MARCH 10TH, 2020. 1 HIALEAH PLANNING AND ZONING BOARD MEETING- FEBRUARY 12 TH, 2020 3. Final decision to allow interior east side setback of 2.80 feet and interior west side setback of 3.50 feet, where 6 feet is the minimum required for existing additions to be legalized. Property located at 941 East 16th Place, Hialeah, zoned R-1 (One-Family District). Applicant: Sanchez Family Management Company, LLC Planner’s recommendation: Approval of 2.80 feet east side setback only. Motion to Approve as Recommended: Mr. Rodriguez; Second: Mr. Iglesias Motion Approved: 4-0-3 Item approved as recommended 4. Final decision to allow interior east side setback of 4.15 feet, where 5 feet 1 inch is the minimum required and allow street side setback of 5.5 feet, where 15 feet is the minimum required for proposed utility room and existing terrace to be legalized. Property located at 900 East 45th Street, Hialeah, zoned R-1 (One-Family District). Applicant: Porfirio Pereira Planner’s recommendation: Allow 4.15 feet east side setback for the existing house, and allow 5 feet street side setback for a covered terrace only, with the condition that it remains open on its three sides. Motion to Approve as Recommended: Mr. Rodriguez; Second: Mr. Iglesias Motion Approved: 4-0-3 Item approved as recommended 5. Final decision to allow street side setback of 7.9 feet, where 15 feet is the minimum required and allow distance separation of 9.6 feet, where 10 feet is the minimum required for an existing gazebo and summer kitchen to be legalized. Property located at 291 West 43rd Street, Hialeah, zoned R-1 (One-Family District). Applicant: Onaikel Ascuy and Castell Diansi N. Romero Naranjo Planner’s recommendation: Approve with conditions Motion to Approve with Conditions: Mr. Iglesias; Second: Mr. Rodriguez Motion Approved: 4-0-3 Item approved with the condition that the structure remains open on its four sides. THE PLANNING AND ZONING BOARD RECOMMENDATIONS FOR THE FOLLOWING PUBLIC HEARING REQUESTS WILL BE HEARD BY THE CITY COUNCIL, AT ITS SCHEDULED MEETING OF TUESDAY, FEBRUARY 25TH, 2020. 6. Rezoning of Lot 14 from R-1 (One-Family District) to R-2 (One- and Two-Family Residential District) and variance permit to allow the construction of a duplex on a substandard lot with 40 feet frontage and area of 4,000 square feet, where 75 feet frontage and 7,500 square feet are required; allow 0 feet south side interior setback, where 7.5 feet are required; allow 18 feet rear setback where 25 feet are required and allow 39% lot coverage, where 30% is the maximum allowed. Property located at 851 E 43rd Street (Lot 14), Hialeah, zoned R-1 (One-Family District). Applicant: Ceasar Mestre, Esq. Planner’s recommendation: Approval Tabled item from January 29th, 2020 meeting 2 HIALEAH PLANNING AND ZONING BOARD MEETING- FEBRUARY 12 TH, 2020 Motion to Remove Item from Tabled: Mr. Iglesias; Second: Mr. Rodriguez Motion Approved: 4-0-3 Motion approved Motion to Approve: Mr. Rodriguez; Second: Mr. Iglesias Motion Approved: 6-0-1 Item approved 7. Rezoning of Lot 15 from R-1 (One-Family District) to R-2 (One- and Two-Family Residential District) and variance permit to allow the construction of a duplex on a substandard lot with 40 feet frontage and area of 4,000 square feet, where 75 feet frontage and 7,500 square feet are required; allow 0 feet north side interior setback, where 7.5 feet are required; allow 10 feet street side setback, where 15 feet are required; allow 18 feet rear setback where 25 feet are required and allow 39% lot coverage, where 30% is the maximum allowed. Property located at 851 E 43rd Street (Lot 15), Hialeah, zoned R-1 (One-Family District). Applicant: Ceasar Mestre, Esq. Planner’s recommendation: Approval Tabled item from January 29th, 2020 meeting *REPORT: Yunior Rodriguez 4325 East 8th Court, Hialeah in opposition *REPORT: Lupe Rodriguez 4375 East 8th Court, Hialeah in opposition *REPORT: Milagros Herrera 4341 East 8th Lane, Hialeah Motion to Remove Item from Tabled: Mr. Rodriguez; Second: Mr. Iglesias Motion Approved: 4-0-3 Motion approved Motion to Approve: Mr. Rodriguez; Second: Mr. Iglesias Motion Approved: 4-0-3 Item approved 8. Conditional Use Permit (CUP) to allow a vocational school. Property located at 3309 East 4th Avenue, Hialeah, zoned C-2 (Liberal Retail Commercial District). Applicant: Eladio Garcia Planner’s recommendation: Approval Motion to Approve: Mr. Rodriguez; Second: Mr. Iglesias Motion Approved: 4-0-3 Item approved MISCELLANEOUS ITEMS NOT REQUIRING ADVERTISING: 9. Old Business. None. 10. New Business. None. IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT OF 1990, PERSONS NEEDING, A SPECIAL ACCOMMODATION TO PARTICIPATE IN THIS PROCEEDING SHOULD CONTACT THE PLANNING DIVISION NO LATER THAN SEVEN DAYS PRIOR TO THE PROCEEDING. TELEPHONE (305) 883-8075 OR (305) 883-8076 FOR ASSISTANCE; IF HEARING 3 HIALEAH PLANNING AND ZONING BOARD MEETING- FEBRUARY 12 TH, 2020 IMPAIRED, TELEPHONE THE FLORIDA RELAY SERVICE NUMBERS (800) 955-8771 (TDD) OR (800) 955-8770 (VOICE) FOR ASSISTANCE. If you decide to appeal any decision made by the board, with respect to any matter considered at the meeting, you will need a record of the proceedings, and you may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 4

Agenda

CITY OF HIALEAH PLANNING AND ZONING BOARD MEETING February 12th, 2020 Agenda HIALEAH CITY HALL 7:00 P.M. 501 PALM AVENUE-3RD FLOOR HIALEAH Call to order. Invocation and pledge of allegiance ALL LOBBYISTS MUST REGISTER WITH THE PLANNING AND ZONING BOARD PRIOR TO ITEM BEING HEARD A MAXIMUM OF 4 SPEAKERS IN FAVOR AND 4 SPEAKERS IN OPPOSITION WILL BE ALLOWED TO ADDRESS THE PLANNING AND ZONING BOARD ON ANY ITEM. EACH SPEAKER’S COMMENTS WILL BE LIMITED TO 3 MINUTES. 1. Roll Call. 2. Approval of Planning and Zoning Board Summary Agenda of January 29th, 2020 as submitted. ADMINISTRATION OF OATH TO ALL APPLICANTS AND ANYONE WHO WILL BE SPEAKING BEFORE THE BOARD ON ANY ITEM. A WRITTEN DECISION AND RESOLUTION WILL BE PREPARED AND PRESENTED FOR REVIEW TO THE CITY COUNCIL. THE CITY COUNCIL IS AUTHORIZED TO AFFIRM, AFFIRM WITH CONDITIONS, OR OVERRIDE THE DECISIONS BY RESOLUTION. AFTER THE RESOLUTION IS ADOPTED, CONTACT A MEMBER OF THE CITY CLERK’S OFFICE TO OBTAIN A COPY OF THE FINAL DECISION AND RESOLUTION. UPON YOUR RECEIPT OF THE FINAL DECISION AND RESOLUTION, CONTACT THE BUILDING DEPARTMENT TO OBTAIN YOUR REQUIRED BUILDING PERMIT. SUMMARY MINUTES, OR A COPY OF THE AUDIO FILE OF THE PROCEEDINGS BEFORE THE PLANNING AND ZONING BOARD, SHALL BE PREPARED AND SUBMITTED TO THE CITY COUNCIL BEFORE ITS HEARING. THE PLANNING AND ZONING BOARD RECOMMENDATIONS FOR THE FOLLOWING PUBLIC HEARING REQUESTS WILL BE HEARD BY THE CITY COUNCIL, AT ITS SCHEDULED MEETING OF TUESDAY, MARCH 10TH, 2020. 3. Final decision to allow interior east side setback of 2.80 feet and interior west side setback of 3.50 feet, where 6 feet is the minimum required for existing additions to be legalized. Property located at 941 East 16th Place, Hialeah, zoned R-1 (One-Family District). Applicant: Sanchez Family Management Company, LLC 1 HIALEAH PLANNING AND ZONING BOARD MEETING- FEBRUARY 12 TH, 2020 4. Final decision to allow interior east side setback of 4.15 feet, where 5 feet 1 inch is the minimum required and allow street side setback of 5.5 feet, where 15 feet is the minimum required for proposed utility room and existing terrace to be legalized. Property located at 900 East 45th Street, Hialeah, zoned R-1 (One-Family District). Applicant: Porfirio Pereira 5. Final decision to allow street side setback of 7.9 feet, where 15 feet is the minimum required and allow distance separation of 9.6 feet, where 10 feet is the minimum required for an existing gazebo and summer kitchen to be legalized. Property located at 291 West 43rd Street, Hialeah, zoned R-1 (One-Family District). Applicant: Onaikel Ascuy and Castell Diansi N. Romero Naranjo THE PLANNING AND ZONING BOARD RECOMMENDATIONS FOR THE FOLLOWING PUBLIC HEARING REQUESTS WILL BE HEARD BY THE CITY COUNCIL, AT ITS SCHEDULED MEETING OF TUESDAY, FEBRUARY 25TH, 2020. 6. Rezoning of Lot 14 from R-1 (One-Family District) to R-2 (One- and Two-Family Residential District) and variance permit to allow the construction of a duplex on a substandard lot with 40 feet frontage and area of 4,000 square feet, where 75 feet frontage and 7,500 square feet are required; allow 0 feet south side interior setback, where 7.5 feet are required; allow 18 feet rear setback where 25 feet are required and allow 39% lot coverage, where 30% is the maximum allowed. Property located at 851 E 43rd Street (Lot 14), Hialeah, zoned R-1 (One-Family District). Applicant: Ceasar Mestre, Esq. Tabled item from January 29th, 2020 meeting 7. Rezoning of Lot 15 from R-1 (One-Family District) to R-2 (One- and Two-Family Residential District) and variance permit to allow the construction of a duplex on a substandard lot with 40 feet frontage and area of 4,000 square feet, where 75 feet frontage and 7,500 square feet are required; allow 0 feet north side interior setback, where 7.5 feet are required; allow 10 feet street side setback, where 15 feet are required; allow 18 feet rear setback where 25 feet are required and allow 39% lot coverage, where 30% is the maximum allowed. Property located at 851 E 43rd Street (Lot 15), Hialeah, zoned R-1 (One-Family District). Applicant: Ceasar Mestre, Esq. Tabled item from January 29th, 2020 meeting 8. Conditional Use Permit (CUP) to allow a vocational school. Property located at 3309 East 4th Avenue, Hialeah, zoned C-2 (Liberal Retail Commercial District). Applicant: Eladio Garcia MISCELLANEOUS ITEMS NOT REQUIRING ADVERTISING: 9. Old Business. 10. New Business. IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT OF 1990, PERSONS NEEDING, A SPECIAL ACCOMMODATION TO PARTICIPATE IN THIS PROCEEDING SHOULD CONTACT THE PLANNING DIVISION NO LATER THAN SEVEN DAYS PRIOR TO THE PROCEEDING. TELEPHONE (305) 883-8075 OR (305) 883-8076 FOR ASSISTANCE; IF HEARING 2 HIALEAH PLANNING AND ZONING BOARD MEETING- FEBRUARY 12 TH, 2020 IMPAIRED, TELEPHONE THE FLORIDA RELAY SERVICE NUMBERS (800) 955-8771 (TDD) OR (800) 955-8770 (VOICE) FOR ASSISTANCE. If you decide to appeal any decision made by the board, with respect to any matter considered at the meeting, you will need a record of the proceedings, and you may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 3

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