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Resolution: R-20-0017
File Number: 6862
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 1/23/2020
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
GRANTING THE APPEAL, IN PART, FILED BY JOEY CANCEL REVERSING
THE DECISION OF THE MIAMI HISTORIC AND ENVIRONMENTAL
PRESERVATION BOARD'S DENIAL AS SET FORTH IN RESOLUTION NO.
HEPB-R-19-060 AND PURSUANT TO SECTION 23-6.2(B)(4) OF THE CODE
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, GRANTS THE SPECIAL
CERTIFICATE OF APPROPRIATENESS FOR A LIMITED PERIOD OF TIME AS
STATED HEREIN FOR ALTERATIONS TO A NON-CONTRIBUTING
PROPERTY LOCATED AT APPROXIMATELY 6789 BISCAYNE BOULEVARD,
MIAMI, FLORIDA WITHIN THE MIAMI MODERN/BISCAYNE BOULEVARD
HISTORIC DISTRICT WITH FOLIO NUMBER 01-3218-009-0010.
WHEREAS, on or about January 4, 2019, Joey Cancel on behalf of La Placita @ Miami,
LLC ("Applicant") applied to the City of Miami ("City") for an after -the -fact Special Certificate of
Appropriateness pursuant to Section 23-6.2(b)(4) of the Code of the City of Miami, Florida, as
amended ("City Code"), for the painting of two (2) murals on a non-contributing property
("Original Application") located at approximately 6789 Biscayne Boulevard, Miami, Florida
33138 under Folio No. 01-3218-009-0010 ("Property"), which is within the Miami
Modern/Biscayne Boulevard Historic District ("MiMo"); and
WHEREAS, the City's Historic Preservation Office recommended denial of the Original
Application for the reasons set forth in that Staff Analysis for the Original Application, which is
attached and incorporated as Exhibit "A"; and
WHEREAS, on March 5, 2019, the Historic and Environmental Preservation Board
("HEPB") considered the Original Application at a duly noticed public hearing and adopted
Resolution No. HEPB-R-19-012 by a vote of five to three (5-3) denying the Original Application;
and
WHEREAS, the Applicant appealed Resolution No. HEPB-R-19-012 to the City
Commission pursuant to Section 23-6.2(e) of the City Code ("Appeal"); and
WHEREAS, on July 25, 2019, the City Commission, at a duly noticed public hearing,
remanded the matter back to the HEPB to consider alternative solutions pursuant to the
Applicant's request, directed the Applicant to submit a new application for a Special Certificate
of Appropriateness within sixty (60) days, directed the Applicant and the Planning Department to
expeditiously complete the proposal, and provided that no code enforcement proceedings or
fines be initiated in the interim; and
WHEREAS, the Applicant filed a new application for a Special Certificate of
Appropriateness for an alternate proposal on the building fagade consisting of neon lighting and
aluminum panels ("New Application"); and
City of Miami Page 1 of 3 File ID: 6862 (Revision: A) Printed On: 2/11/2020
File ID: 6862 Enactment Number: R-20-0017
WHEREAS, the City's Historic Preservation Office recommended approval of the New
Application for the reasons set forth in the Staff Analysis, attached and incorporated as Exhibit
"A"; and
WHEREAS, at the duly noticed HEPB public hearing on November 5, 2019 on the New
Application, the Applicant represented that the alternate proposal was not economically feasible
and requested an "exception" to approve the existing murals on the Property—essentially
requesting that the HEPB reconsider the Original Application; and
WHEREAS, after consideration of the Applicant's comments and concerns during the
November 5, 2019 public hearing on the New Application, the HEPB adopted Resolution No.
HEPB-R-19-060 by a unanimous vote denying the New Application for the Special Certificate of
Appropriateness; and
WHEREAS, the HEPB also reaffirmed its denial of the Original Application to the extent
that the Applicant requested the HEPB to reconsider that denial by virtue of the Applicant's
request at the November 5, 2019 hearing for an "exception" that would allow approval of the
existing murals on the Property; and
WHEREAS, based on the testimony and evidence presented, after due notice and an
opportunity to be heard has been afforded to all parties and members of the public, there is
competent substantial evidence in the record to reverse the decision of the HEPB denying the
Special Certificate of Appropriateness for alterations to a non-contributing property located at
approximately 6789 Biscayne Boulevard, Miami, Florida in MiMo with Folio Number 01-3218-
009-0010 pursuant to Section 23-6.2(b)(4) of the City Code; and
WHEREAS, the Miami City Commission finds that the murals on the Property are in
violation of the City Code; however, the murals may be maintained on the Property until such
time as the mural on the property located at 7010 Biscayne Boulevard, Miami, Florida (operating
as Organic Bites) is removed; and
WHEREAS, for the reasons stated herein, on the record, and as supported by the
evidence, the City Commission grants the appeal, in part, and reverses Resolution No. HEPB-
R-19-060 as stated herein;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. For the reasons stated herein, on the record, and as supported by the
evidence at all hearings in this matter and other evidence in the record, the City Commission
hereby grants the appeal, in part, reverses the decision of the HEPB as set forth in Resolution
No. HEPB-R-19-060, and grants the Special Certificate of Appropriateness for a limited period
of time for alterations to a non-contributing property located at approximately 6789 Biscayne
Boulevard, Miami, Florida within MiMo with Folio Number 01-3218-009-0010. Specifically, the
Miami City Commission finds that the murals on the Property are in violation of the City Code;
however, the murals may be maintained on the Property until the mural on the property located
at 7010 Biscayne Boulevard, Miami, Florida (operating as Organic Bites) is removed.
Section 3. This Resolution shall become effective immediately upon its adoption and
City of Miami Page 2 of 3 File ID: 6862 (Revision: A) Printed on: 2/11/2020
File ID: 6862
signature of the Mayor. I
APPROVED AS TO FORM AND CORRECTNESS:
1
"na de�ty At#or iey 1/31/2020
Enactment Number: R-20-0017
.' If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10)
calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it
shall become effective immediately upon override of the veto by the City Commission.
City of Miami Page 3 of 3 File ID: 6862 (Revision: A) Printed on: 2/11/2020