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Board approves rezoning and variances to legalize detached rear unit at 175 East Seventeenth Street
Summary
The planning board approved rezoning 175 East Seventeenth Street from single-family (R-1) to two-family (R-2) and several variances to legalize a detached unit at the rear of the lot, subject to conditions requiring building permits and a declaration of restrictions.
The City of Hialeah Planning and Zoning Board on March 26 voted to approve rezoning for a property at 175 East Seventeenth Street from R-1 (single-family) to R-2 (two-family), and granted variances necessary to legalize an existing detached rear living unit.
The property owner requested the rezoning to legalize a detached structure that city records and code-enforcement complaints show has been occupied as a separate living unit for years. Staff said the lot is a nonconforming historic parcel (50 feet wide by 135 feet long, approximately 6,750 square feet) created before current lot-size rules and that the owner has an active code case (case 201903720) for work performed without permits. Staff recommended approval with conditions, including obtaining building permits within six months or the approval becoming null and void, and providing a street tree where feasible to address prior swale parking.
The hearing included a review of ownership transfer into a living trust in 2024. The applicant’s son, George Gomez, stated he was present on behalf of his father and later produced documentation showing the trust lists him as a successor trustee. Board members and staff discussed whether the speaker was authorized to agree to permit conditions; after documentation was reviewed, the board removed the item from the table and proceeded.
A motion to approve, made by Board member Jimenez and seconded by Board member Mason, passed with affirmative votes recorded from board members present. The board approved the rezoning and variances with the staff conditions noted; staff said the owner must secure building permits to legalize the additional residential unit within six months or the approval will lapse.
Staff noted the property has a history of permit irregularities, including additions with building permits dated 1988 but a detached unit without prior permits; city records show the family has owned the property for decades. The rezoning to R-2 will impose R-2 standards going forward (including higher parking counts and different setback requirements), and the variances request addressed front, side and rear setback reductions and an exception to minimum dwelling-unit floor area and parking counts.
Votes at a glance: Motion to approve rezoning and variances by Board member Jimenez; second by Board member Mason. Recorded vote: Yes — Alessia, Henriquez, Jimenez, Santos Devo, Ulloa, Perez, Mason. Outcome: Approved with conditions.
