HARRY HARRIS, APPELLANT,
v.
CITY OF CORAL GABLES, A MUNICIPAL CORPORATION, APPELLEE

Fla. 3d DCA | 1963-11-05
No. 63-113
Before BARKDULL, C. J., and HORTON and HENDRY, JJ.
157 So. 2d 146 Florida District Court of Appeal, Third District (1963) Caution
Cited by 13 cases

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Synopsis

A Florida property owner sought to rezone his Coral Gables property from single-family residential to limited business use, citing business zoning in adjacent municipalities across Red Road. The court affirmed the chancellor's dismissal, holding that the existence of different zoning in neighboring jurisdictions does not support a zoning change and that permitting such a change would constitute impermissible spot zoning.


Holding

The court held that the existence of business uses in adjacent municipalities does not, in itself, support a zoning change. A property owner must demonstrate that the zoning ordinance as applied to the property is unreasonable and arbitrary. Permitting the requested rezoning would constitute impermissible spot zoning that could undermine the municipality's master zoning plan.


Key Quotes

“The fact that properties located in adjacent municipalities may have contrasting uses is not sufficient in our view to warrant a change of zoning or to support a finding of unreasonableness.”

Establishes the core legal principle that zoning differences in neighboring jurisdictions do not justify rezoning requests.

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Facts & Procedural History

Harris owned property in Coral Gables surrounded by residential areas on all sides except the west, where Red Road separated his property from busines…

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Opinion of the Court
BARKDULL, Chief Judge.

BARKDULL, Chief Judge.

The appellant herein is seeking review of an order of a chancellor, which dismissed his complaint to require appellee to rezone a portion of his property from single family residential use to a limited business use. The property involved is located in Coral Gables, Florida, and is bounded on the north by Bird Road and residential area for approximately 22 blocks to the north; on the east by Alhambra Circle and residential area 12 blocks to the east; on the South by Algardi Avenue and residen*147tial property extending 22 blocks to the south, and on the west by Red Road, which is the geographical division between the municipality of Coral Gables and the City of South Miami immediately to the west and the unincorporated area of Dade County along the westerly portion of Red Road [which is not within the City of South Miami], As a ground for the rezoning sought, the appellant cites the business uses of the property across Red Road and on the west side thereof in the City of South Miami, and a large shopping center located in the northwest quarter of the intersection of Red and Bird Roads in the unincorporated area of Dade County, Florida.

We have examined the record on appeal and conclude that the lower court was correct in denying the relief sought. The fact that business uses are permitted upon properties which are not located within the City of Coral Gables, even though across Red Road from appellant’s property, will not in and of itself support a zoning change and no abuse of discretion has been shown in the chancellor’s refusal to grant the relief sought. See: Town of Surfside v. Skyline Terrace Corp., Fla.App.1960, 120 So.2d 20, wherein this court stated:

# * *
“ * * * The fact that properties located in adjacent municipalities may have contrasting uses is not sufficient in our view to warrant a change of zoning or to support a finding of unreasonableness. It was incumbent upon the appellee to demonstrate that the zoning ordinance, as applied to its property by the municipality wherein the property is located, was unreasonable and arbitrary. Municipalities, just as zoning districts, must have dividing lines; nevertheless, it is not sufficient to sustain the nullification of a zoning ordinance by showing that the property in question is located on the border of another district which permits a higher use. * * * ”
* * *

Furtherfore, to permit the business zoning requested by the appellant would, in effect, be the introduction of a “cancer” and spot zoning in a residential area which could set off a chain reaction, ultimately resulting in complete enervation of the master plan of zoning and development to which the City has consistently adhered.

The appellant has also raised the question of the failure of the chancellor to permit into evidence a report prepared by certain engineers employed by the City. There was no opportunity to cross-examine the author of the report and, same not being a part of the public records, no error was shown in the chancellor’s ruling in refusing to permit its introduction.

Affirmed.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Smith v. City OF Miami Beach, 213 So. 2d 281 (Fla. 3d DCA 1968)
    …ida Appellant Rules, 32 F.S.A., the DeMaris’, individually, became appellees. . This is the last remaining single family use district bordering the Atlantic Ocean in the City of Miami Beach. . Compare: Harris v. City of Coral Gables, Fla.App.1963, 157 So. 2d 146. . In this opinion, the Supreme Court was speaking of the same area involved in the instant appeal. At that time the dividing line to the south was 75th Street and, during the progress of the cited case, it was moved north to 76th Street, where it…
  • Donch v. City OF Miami, 214 So. 2d 503 (Fla. 3d DCA 1968)
    …ning to be altered on the parcel involved in this litigation would constitute spot zoning and, therefore, we refuse to interfere with the action of the trial judge in upholding the zoning classification. Harris v. City of Coral Gables, Fla.App.1963, 157 So. 2d 146; City of South Miami v. Alvin, Fla.App.1966, 189 So. 2d 386; Smith v. City of Miami Beach, Fla. App.1968, 213 So. 2d 281, (opinion filed August 6, 1968). Affirmed.…
  • …PER CURIAM. Affirmed. See Smith v. City of Miami Beach, Fla.App.1968, 213 So. 2d 281; Harris v. City of Coral Gables, Fla.App. 1963, 157 So. 2d 146.…

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