Affirm planning board approval of rear setback variance for Hialeah property

Proposed resolution affirming Final Decision No. 2026-06 of the Planning and Zoning Board granting a rear setback of 10.3 feet, where 20 feet are required for the property located at 190 West 53rd Street, Hialeah, zoned R-1 (One-Family District); providing for conditions; enforcement of conditions; and providing for an effective date. On February 25, 2026, the Planning and Zoning Board recommended the approval of this item subject to conditions. Conditions: 1. The applicant shall apply for and obtain all required building permit(s) to legalize the existing bedroom, bathroom, and open terrace addition, as well as any additional interior or exterior modifications identified during staff review, in order to resolve the outstanding code violation. 2. A new building permit application shall be submitted, as determined by the Building Division, and all required approvals and inspections, including final inspections, shall be obtained and completed since Building Permit No. 2017-6818 has expired. 3. The approved rear setback reduction to 10.30 feet shall apply solely to the existing addition as depicted on the plans reviewed and approved by staff. No further encroachment into the required rear setback shall be permitted. 4. The terrace to be legalized shall remain open on all sides and shall not be enclosed, screened, or converted into habitable space unless approved through the appropriate zoning review and building permitting process. 5. All utility sheds and aluminum roof structures depicted on the submitted plans shall be demolished and removed from the property. 6. No additional expansion, enclosure, modification, or intensification of the existing addition or terrace shall occur without prior approval through the appropriate zoning and building review process. 7. The existing dura-fence located along the north property line shall be removed and replaced with a fence providing a minimum of seventy-five (75) percent visibility, consistent with the City of