Applicant withdraws rezoning request for duplex at 728 East 40 First Street in Hialeah

At its April 23 meeting, the City of Hialeah Planning and Zoning Board heard a rezoning and variance application for 728 East 40 First Street but the applicant withdrew the request before the board voted.

The application, presented by architect Manny Rios on behalf of owners Ana Castillo and Melvin Rivera Gineras, sought to rezone the parcel from R‑1 (single‑family) to R‑2 (one‑ and two‑family) to allow a two‑story duplex on a substandard 60‑foot frontage lot. City staff described the lot as about 7,860 square feet with a one‑story home built in 1956, a homestead exemption and an open code case for a recreational‑vehicle violation. Staff recommended approval of the rezoning and associated variances with conditions.

The proposal called for two three‑bedroom, three‑bath units of roughly 2,061 square feet each, a rear pool accessed by an exterior spiral stair, four front parking spaces and a lot‑coverage variance — 36% proposed where the code allows 30%. The design also requested reduced interior east/west side setbacks of about 6.6 feet versus the 7.5 feet required; staff said the lot meets minimum lot area but not the typical 75‑foot frontage requirement, so variances were needed.

Rios emphasized the owners’ intent that the units be occupied by family members, not rented. He told the board, “this is a unique project strictly designed for a family not for rent.” Owner Ana Castillo addressed the board and said, “It’s our first home,” and that she and her family plan to live at the property.

Several board members pressed on the long‑term implications of changing the zoning. Mr. Perez, a Planning and Zoning Board member, and others said rezoning pockets of R‑1 neighborhoods to R‑2 could “open the floodgates” for future conversions; one member said repeatedly that approving R‑2 here might encourage nearby owners to seek similar rezonings. Board members also discussed the possibility of using the city’s extended‑family living‑quarters provisions to keep the parcel in R‑1, but staff and the architect said the current design — with exterior staircases and separate unit access — is configured as a duplex and would not qualify without substantial interior redesign.

After extended discussion — during which Rios offered to record a legal document to limit use, and staff and the board suggested design changes or tabling the item — the applicant requested to withdraw the application. The chair confirmed, “So the application has been withdrawn as, by the request of the applicant.” There was no formal vote on the rezoning.

The applicant told the board he would meet with staff and return with revised plans intended to address board concerns and the internal layout so the project could be evaluated under alternatives that might not require rezoning. Board members said they want to preserve remaining single‑family areas while accommodating compatible infill where appropriate.