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Neighbors and board split as owner seeks to subdivide 1929 house site into two single‑family lots
Summary
An owner-backed plan to demolish a deteriorating 1929 house at 316 East 40 Third Street and subdivide the parcel into two substandard lots with two new single‑family homes won a conditional approval from the Planning & Zoning Board after questions about historic designation, parking and neighborhood character.
The Planning & Zoning Board voted May 14 to recommend approval of a variance permit allowing a large, historically built parcel at 316 East 40 Third Street to be subdivided into two substandard lots and redeveloped with two single‑family homes, after a lengthy public hearing with neighbors raising quality‑of‑life, parking and historic preservation concerns.
Staff described the property as developed in 1929 and one of the last remaining pre‑1930 houses in Hialeah; it has not received a formal historic designation and staff said the structure has been decaying. The current owner, an LLC that purchased the property in December 2023, proposed demolishing the existing house and building two identical 4‑bedroom, 2‑bath single‑family homes of about 2,302 square feet each on lots of roughly 6,915 square feet — above the code minimum for substandard platted lots (6,480 sq ft).
Staff recommended approval with conditions including removal of an RV cited in an open code violation and a requirement that the owner record a declaration of restrictions committing to develop and maintain the two substandard lots as single‑family homes within 12 months of City Council approval. The applicant indicated the RV has already been removed and agreed to the conditions.
Multiple neighbors testified at the hearing documenting long‑standing parking and traffic problems on the swale in front of houses on the block, and expressed concern that subdividing the lot would increase density and further stress neighborhood infrastructure. A nearby resident said routine on‑street parking and delivery trucks regularly block driveways and that the prospect of new units would worsen existing congestion.
Board members debated the tradeoff between preserving an old structure and the property owner’s right to redevelop; several members voiced discomfort about the loss of the historic house but said the application complied with code for substandard lots and the conditions mitigate neighborhood impacts. The board approved the variance and conditions, including the declaration of restrictions, a timeline for obtaining site plan approval, and requirements tied to maintaining green area and parking on site.
