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HERRERA v. CITY OF MIAMI

No. 91-2878.

600 So.2d 561 (1992)

Luis HERRERA, et al., Petitioners, v. CITY OF MIAMI, a Florida municipal corporation; and Juan M. Delgado, as General Partner of Vizcatran, Ltd., a Florida limited partnership, Respondents.

District Court of Appeal of Florida, Third District.

June 23, 1992.

Attorney(s) appearing for the Case

John G. Fletcher, South Miami, for petitioners.

Ferrell, Cardenas, Fertel & Morales and Alberto R. Cardenas and A. Vicky Leiva and Alicia Morales, Miami, for Juan M. Delgado.

A. Quinn Jones, III, City Atty., and Warren Bittner, Asst. City Atty., for City of Miami.

Before SCHWARTZ, C.J., and HUBBART and FERGUSON, JJ.

CORRECTED OPINION

FERGUSON, Judge.

In land-use law, a variance seeker must demonstrate an exceptional and unique hardship to the individual landowner not shared by other property owners in the area. Nance v. Town of Indialantic, 419 So.2d 1041 (Fla. 1982). A variance which permits a use not authorized by existing zoning restrictions for a neighborhood is not justified unless no reasonable use can be made of the...

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