Planning board recommends approval, with conditions, for expanded manual car wash canopy after contentious discussion

The City of Hialeah Planning and Zoning Board on Sept. 24 recommended that the City Council approve variances to legalize and improve a manual car wash at 5350 West Twelfth Avenue, with the board expressing concern about the site's history and the operator’s past compliance.

The application seeks multiple variances related to a nonconforming manual car wash within a B-1 (highly restrictive retail) zoning district. Staff said the car wash originally received a special use permit in 1989 under Ordinance 89-81, which allowed a manual car wash as a nonconforming use; one 256-square-foot aluminum canopy was built with permits, and over the years a second 460-square-foot aluminum canopy and other work were added without permits.

Staff recommended approval contingent on removing the unpermitted canopy and allowing either (1) immediate demolition of the illegal 460-square-foot canopy and continued use of the permitted 256-square-foot canopy or (2) demolition of both canopies and permitting construction of a single 560-square-foot canopy consistent with the 1989 approval and modern code requirements. Staff also recommended mitigation for missing canopy trees or payment in lieu and conditions addressing building permits and landscaping.

Cesar Mester, representing the property, said his client accepts both staff options and is prepared to proceed under either scenario. Several board members voiced frustration that the issue has returned repeatedly and that previous agreements were not implemented. A City inspector noted there was currently no active car-wash operation at the site and that a business-license question would need to be confirmed separately through the Business Tax office.

Two identical letters from neighboring business owners (including Raquel and Maximo Hinoris) were submitted in opposition, citing noise, traffic, loitering, litter, crime and a perceived erosion of the B‑1 zone’s intent. A staff representative explained that the car wash remains a legal nonconforming use due to the 1989 special use permit, but that the recent unpermitted canopy and other structures are the subject of the variance and demolition requirements.

After substantial discussion, Miss Enriquez moved to recommend approval with conditions and to forward a board preference for option 2 (demolish both canopies and replace with a single 560-square-foot canopy) to the City Council; Mr. Iglesias seconded. The clerk’s roll call recorded affirmative votes from Mr. Morales, Mr. Iglesias and Miss Enriquez; Mr. Perez and Mr. York voted no. The motion carried and the board’s recommendation will now go to City Council for final action.

Staff will require, as conditions of approval, immediate demolition of the illegal canopy (subject to demolition-permit timing), replacement or retention of the permitted canopy until a new permitted canopy is constructed, installation or payment for canopy-tree mitigation, and submittal of building permits for any new canopy prior to construction.