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Planning Department
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Historic Preservation Office
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ANALYSIS FOR A SPECIAL
CERTIFICATE OF APPROPRIATENESS
APPLICANT: Joey Cancel
PROJECT ADDRESS: 6789 Biscayne Blvd.
NET OFFICE: Upper Eastside
COMMISSION DISTRICT: District 5 (Keon Hardemon)
A. GENERAL INFORMATION:
PROJECT NO: PZ -19-3943
ZIP: 33138
HEARING DATE: 11/5/2019
STATUS: Non-contributing
REQUEST: Pursuant to Section 23-6,2(b)(4) of the City Code of Ordinances, as amended, the
Applicant is requesting a Special Certificate of Appropriateness for alterations to a non-
contributing structure on a parcel zoned T5-0 "Urban Center Transect Zone" and T3 -L "Sub -Urban
Transect Zone".
The subject property is located within the South Elmira Subdivision and the Upper Eastside Net Area.
The site is located on the southeast corner of Biscayne Boulevard and NE 68 Street (complete legal
description is on file with Hearing Boards).
Folio: 0132180090010
Lot Size: Approximately 22,116 sq. ft.
B. BACKGROUND:
On June 6, 2006, the Historic and Environmental Preservation Board, pursuant to Ordinance No,
HEPB-2006-59, designated the subject property located at 6789 Biscayne Boulevard, as part of the
MiMo/BiBo Historic District.
On March 5, 2019, the HEPB, pursuant to Resolution No. HEPB-R-19-012, denied an application for
an after -the -fact Special Certificate of Appropriateness for the painting of murals (Attachment A).
On July 25, 2019, in consideration of the applicant's appeal of HEPB-R-19-012, the City Commission
remanded the application back to the Historic and Environmental Preservation Board for review of
alternative proposals (Attachment B).
W. Adams 6789 Biscayne Blvd. Project No. PZ -19-3943
10/15/2019 Pagel of 6
C. COMPREHENSIVE PLAN:
The subject property is a non-contributing structure within the MiMo/Biscayne Boulevard Historic
District constructed in 2009. Pursuant to Goal LU -2, 2.3 and 2.4 of the Miami Neighborhood
Comprehensive Plan the City will preserve and protect the heritage of the City of Miami through the
identification, evaluation, rehabilitation, adaptive reuse, restoration and public awareness of Miami's
historic and archeological resources.
The Applicant's request for alterations to a commercial parcel is in accordance with the
Comprehensive Plan, Chapter 23 of the City of Miami Code of Ordinances, the Secretary of Interior
Standards, and the Preservation Office Historic Design Guidelines.
D. SUBJECT PRIOR TO PAINTING:
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FRONT MURAL:
W. Adams 6789 Biscayne Blvd. Project No. PZ -19-3943
10/15/2019 Page 2 of 6
REAR MURAL:
PROPOSED ART INSTALLATION:
E. NEIGHBORHOOD CHARACTERISTICS:
ZONING
Subiect Property
T5-0; Urban Center Transect Zone
(MiMo/BiBo Historic District)
W. Adams
10/15/2019
FUTURE LAND USE DESIGNATION
Commercial
Maximum of 65 D.U. per acre
6789 Biscayne Blvd. Project No. PZ -19-3943
Page 3 of 6
T3 -L; Sub -Urban Transect Zone
(MiMo/BiBo Historic District)
Surrounding Properties
NORTH: T5-0; Urban Center Transect Zone
(MiMo Historic District)
T3 -L; Sub -Urban Transect Zone
(MiMo & Bayside Historic Districts)
SOUTH: T5-0; Urban Center Transect Zone
(MiMo Historic District)
T3 -L; Sub -Urban Transect Zone
(MiMo Historic District)
EAST: T3 -L; Sub -Urban Transect Zone
(Bayside Historic District)
WEST: T5-0; Urban Center Transect Zone
(MiMo Historic District)
F. ANALYSIS:
Single Family Residential District
Maximum of 9 D.U. per acre
Commercial
Maximum of 65 D.U. per acre
Single Family Residential District
Maximum of 9 D.U. per acre
Commercial
Maximum of 65 D.U. per acre
Single Family Residential District
Maximum of 9 D,U. per acre
Single Family Residential District
Maximum of 9 D.U. per acre
Commercial
Maximum of 65 D.U. per acre
The following is a review of the request pursuant to 23-6.2(b)(4) of the City Code of Ordinances, the
Preservation Office Historic Design Guidelines, and the Secretary of the Interior's Standards.
Analysis: The applicant is proposing to paint the structure white and install an art installation depicting
the Puerto Rican flag. The art installation will be constructed from red, white, and blue
aluminum composite panels lit with red, white, and blue LED outdoor lighting. The proposed
construction will allow the flag to be seen in daylight and in the dark.
Section 23-6.2(h)(1) of the City of Miami Code of Ordinances states:
"Generally, for applications relating to alterations or new construction as required in
subsection (a) the proposed work shall not adversely affect the historic,
architectural, or aesthetic character of the subject structure or the relationship and
congruity between the subject structure and its neighboring structures and
surroundings, including but not limited to form, spacing, height, yards, materials,
color, or rhythm and pattern of window and door openings in building facades; nor
shall the proposed work adversely affect the special character or special historic,
architectural or aesthetic interest or value of the overall historic site, historic district,
or multiple property designation. Except where special standards and guidelines
have been specified in the designation of a particular historic resource, historic
district, or multiple property designation, or where the board has subsequently
adopted additional standards and guidelines for a particular designated historic
W. Adams 6789 Biscayne Blvd. Project No. PZ -19-3943
1011512019 Page 4 of 6
resource, historic district, or multiple property designation, decisions relating to
alterations or new construction shall be guided by the U. S. Secretary of the Interior's
"Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings".
The Secretary of the Interior's Standards for Rehabilitation state:
5. Distinctive features, finishes, and construction techniques or examples of
craftsmanship that characterize a property shall be preserved.
10. New additions and adjacent or related new construction shall be undertaken in
such a manner that if removed in the future, the essential form and integrity of the
historic property and its environment would be unimpaired.
The subject structure is a non-contributing structure within the MiMo Historic District that was built in
2009. Architectural features are limited to concrete eyebrows over windows and doors, recessed corner
windows, and a parapet and metal rails at roof level. The proposed art installation will not adversely affect
the architectural character of the structure but will accentuate the eyebrows and parapet. The subject will
also blend with neighboring structures and its surroundings as many historic structures within the district
incorporate neon signage. The installation also appears to be reversible which will allow the option of
returning the building to its original appearance in the future.
Special standards and guidelines adopted in the City of Miami include the "MiMo/Biscayne Boulevard
Historic District Design Guidelines" which state:
"Neon lighting is encouraged as an architectural accent".
Therefore, based on the above, the proposed art installation appears to be consistent with Chapter 23 of
the City Code, the Secretary of the Interior's Standards, and the MiMo/Biscayne Boulevard Historic
District Design Guidelines. There is some concern regarding the attachment of the art installation to the
structure which will require "....some perforations to the existing structure along the entire area occupied
by these panels with bolts or expansion screws..,.". If the art installation is removed in the future, all
damaged areas of the building fabric shall be repaired and painted.
If this application is continued for modifications to the proposed design, the building shall be painted
white or appropriate MiMo colors at the earliest opportunity during the design modification process.
Findings: Consistent
G. NEIGHBORHOOD SERVICES:
Code Compliance Required
Building Required
NET Required
W. Adams 6789 Biscayne Blvd. Project No. PZ -19-3943
10/15/2019 Page 5 of 6
H. CONCLUSION:
The application has demonstrated compliance with Chapter 23 entitled "Historic Preservation" of
the City of Miami Code of Ordinances and the Secretary of the Interior's Standards. Staff finds the
request complies with all applicable criteria and finds that the request for a Special Certificate of
Appropriateness for alterations does not adversely affect the historic, architectural, or aesthetic
character of the subject structure or the aesthetic interest or value of the historic district subject to
the following conditions as stipulated in subsection "I" entitled "Recommendation" as listed below.
I. RECOMMENDATION:
Pursuant to Section 23-6.2(b)(4) of the City of Miami Code of Ordinances, as amended, the Historic
Design Guidelines, and the Secretary of Interior Standards, the Preservation Office recommends
approval with conditions of the request for a Special Certificate of Appropriateness.
The site shall be developed in accordance with the plans as prepared by Jorge R. Ferra
Fernandez, P.E. submitted as part of application PZ -19-3943. The plans are deemed as being
incorporated by reference herein,
2. If the art installation is removed in the future, all damaged areas of the building fabric shall be
repaired and painted.
If this application is continued for modifications to the proposed design, the building shall be
painted white or appropriate MiMo colors at the earliest opportunity during the design
modification process.
4. The Resolution shall be included in the master permit set.
5. The Applicant shall comply with all applicable requirements of the Miami 21 Code and Chapter
17 and Chapter 23 of the City of Miami Code of Ordinances.
6. The Applicant shall comply with the requirements of all applicable departments/agencies as part
of the City of Miami building permit submittal process.
Warren Adams
Preservation Officer
W. Adams 6789 Biscayne Blvd. Project No. PZ -19-3943
10/15/2019 Page 6 of 6
Attachment 'A'
File Number: 5524
City of Miami , City Hall
3500 Pan American Drive
HEPB Resolution Miami, FL 33133
www.miamigov.com
Enactment Number: HEPB-R-19-012
Final Action Date:3/5/2019
A RESOLUTION OF THE MIAMI HISTORIC AND ENVIRONMENTAL
PRESERVATION BOARD, PURSUANT TO SEC. 23-6.2(4) OF THE CITY CODE OF
ORDINANCES, DENYING AN APPLICATION FOR AN AFTER -THE -FACT
SPECIAL CERTIFICATE OF APPROPRIATENESS FOR THE PAINTING OF
MURALS ON A NON-CONTRIBUTING PROPERTY, LOCATED AT
APPROXIMATELY 6789 BISCAYNE BOULEVARD, MIAMI, FLORIDA, 33138,
WITHIN THE MIAMI MODERN/BISCAYNE BOULEVARD HISTORIC DISTRICT;
FURTHER, INCORPORATING BY REFERENCE THE FINDINGS IN THE STAFF
ANALYSIS ATTACHED HEREIN AS "EXHIBIT A".
THIS DECISION IS FINAL UNLESS APPEALED IN THE HEARING BOARDS
DIVISION WITHIN FIFTEEN (15) DAYS.
-K).6,Qa�
Preservation Officer `
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
Date
Personally appeared before me, the undersigned authority, Wbil fe[rl Ma MS , Preservation Officer of the City of Miami,
Florida, and acknowledges that s/he executed the foregoing Resolution.
SWORN AND SUBSCRIBED BEFORE ME THIS 2 I 'DAY OF OXY C 2019
Stlyea C�Urrzale2
Print Notary Name `�
Personally know or Produced LD,
Type and number of 1. D. produced
Did take an oath or Did not take an oath
&Not4PuFlorida
My Commission Expires:
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SILVIAGON7ALEZ
MY COMMISSION # GG 051561
s:
EXPIRES: November 30, 2020
Bonded Th. N,,taryP.bllc Ur.denvdters
City of Miami Page 1 of 1 File ID: 5524 (Revision:) Printed On: 312612019
ANALYSIS FOR. A SPECIAL
CERTIFICATE OF APPROPRIATENESS
APPLICANT: Joey Cancel PROJECT NO: PZ -19-653
PROJECT ADDRESS: 6789 Biscayne Blvd. ZIP: 33138
NET OFFICE: Upper Eastside HEARING DATE: 3/5/2019
COMMISSION DISTRICT: District 5 (Keon Hardemon) STATUS: Non-contributing
A. GENERAL INFORMATION:
REQUEST: Pursuant to Section 23-6.2(b)(4) of the City Code of Ordinances, as amended, the
Applicant is requesting an after -the -fact Special Certificate of Appropriateness to allow for the
painting of murals on a parcel zoned T5-0 "Urban Transect Zone" and T3 -L "Sub -Urban Transect
Zone".
The subject property is a non-contributing structure located within the South Elmira Subdivision and
the Upper Eastside Net Area. The site is located on the southeast corner of Biscayne Boulevard and
NE 68 Street (complete legal description is on file with Hearing Boards).
Folio: 0132180090010
Lot Size: Approximately 22,116 sq, ft.
B. BACKGROUND:
On June 6, 2006, the Historic and Environmental Preservation Board, pursuant to Ordinance No.
HEPB-2006-59, designated the subject property located at 6789 Biscayne Boulevard, as part of the
MiMolBiBo Historic District.
C. COMPREHENSIVE PLAN:
The subject property is a non-contributing structure within the MiMo/Biscayne Boulevard Historic
District constructed in 2009. Pursuant to Goal LU -2, 2.3 and 2.4 of the Miami Neighborhood
Comprehensive Plan the City will preserve and protect the heritage of the City of Miami through the
identification, evaluation, rehabilitation, adaptive reuse, restoration and public awareness of Miami's
historic and archeological resources,
W. Adams 6789 Biscayne Blvd. Project No. PZ -19-653
2/14/2019 Page 1 of 5
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City of Miami
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Planning Department
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Historic Preservation Office
ANALYSIS FOR. A SPECIAL
CERTIFICATE OF APPROPRIATENESS
APPLICANT: Joey Cancel PROJECT NO: PZ -19-653
PROJECT ADDRESS: 6789 Biscayne Blvd. ZIP: 33138
NET OFFICE: Upper Eastside HEARING DATE: 3/5/2019
COMMISSION DISTRICT: District 5 (Keon Hardemon) STATUS: Non-contributing
A. GENERAL INFORMATION:
REQUEST: Pursuant to Section 23-6.2(b)(4) of the City Code of Ordinances, as amended, the
Applicant is requesting an after -the -fact Special Certificate of Appropriateness to allow for the
painting of murals on a parcel zoned T5-0 "Urban Transect Zone" and T3 -L "Sub -Urban Transect
Zone".
The subject property is a non-contributing structure located within the South Elmira Subdivision and
the Upper Eastside Net Area. The site is located on the southeast corner of Biscayne Boulevard and
NE 68 Street (complete legal description is on file with Hearing Boards).
Folio: 0132180090010
Lot Size: Approximately 22,116 sq, ft.
B. BACKGROUND:
On June 6, 2006, the Historic and Environmental Preservation Board, pursuant to Ordinance No.
HEPB-2006-59, designated the subject property located at 6789 Biscayne Boulevard, as part of the
MiMolBiBo Historic District.
C. COMPREHENSIVE PLAN:
The subject property is a non-contributing structure within the MiMo/Biscayne Boulevard Historic
District constructed in 2009. Pursuant to Goal LU -2, 2.3 and 2.4 of the Miami Neighborhood
Comprehensive Plan the City will preserve and protect the heritage of the City of Miami through the
identification, evaluation, rehabilitation, adaptive reuse, restoration and public awareness of Miami's
historic and archeological resources,
W. Adams 6789 Biscayne Blvd. Project No. PZ -19-653
2/14/2019 Page 1 of 5
i
i
The Applicant's request for an after -the -fact approval for the painting of murals on a commercial
parcel is in accordance with the Comprehensive Plan, Chapter 23 of the City of Miami Code -of - — - —
Ordinances, the Secretary of Interior Standards, and the Preservation Office Historic Design
Guidelines.
D. SUBJECT PRIOR TO PAINTING:
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FRONT MURAL:
REAR MURAL:
E. NEIGHBORHOOD CHARACTERISTICS:
ZONING
Subject Property
T5-0; Urban Transect Zone
(MiMo/BiBo Historic District)
T3 -L; Sub -Urban Transect Zone
(MiMo/BiBo Historic District)
Surrounding Properties
NORTH: T5-0; Urban Transect Zone
T3 -L; Sub -Urban Transect Zone
(MiMo & Bayside Historic Districts)
SOUTH: T5-0; Urban Transect Zone
T3 -L; Sub -Urban Transect Zone
(MiMo Historic District)
EAST: T3 -L; Sub -Urban Transect Zone
(Bayside Historic District)
W. Adams
2/14/2019
FUTURE LAND USE DESIGNATION
Commercial
Maximum of 65 D.U. per acre
Single Family Residential District
Maximum of 9 D.U. per acre
Commercial
Maximum of 65 D.U. per acre
Single Family Residential District
Maximum of 9 D.U. per acre
Commercial
Maximum of 65 D.U. per acre
Single Family Residential District
Maximum of 9 D.U. per acre
Single Family Residential District
Maximum of 9 D.U. per acre
6789 Biscayne Blvd. Project No. PZ -19-653
Page 3 of 5
WEST: T5-0; Urban Transect Zone Commercial
(MiMo Historic District) Maximum of 65 D.U. per acre
F. ANALYSIS:
The following is a review of the request pursuant to 23-6.2(b)(4) of the City Code of Ordinances, the
Preservation Office Historic Design Guidelines, and the Secretary of the Interior's Standards.
Analysis: On December 27, 2018, the Preservation Office received several emails and telephone calls
informing staff that a mural depicting the Puerto Rican flag was being painted on the north
and west elevations of the three-story structure located on the southeast corner of Biscayne
Boulevard and NE 68 Street. A Certificate of Appropriateness had not been issued for these
alterations. A Code Compliance Officer informed the applicant that a COA was required for
painting and a violation for not having a COA was issued; however, the work continued and
the mural, which includes the artist's signature, was completed. It was also brought to the
attention of Staff that a smaller mural had been painted on the east elevation. Although this
mural is to the rear of the building, it is visible from the right-of-way.
Section 23-6,2(h)(1) of the City of Miami Code of Ordinances states:
"Generally, for applications relating to alterations or new construction as required in
subsection (a) the proposed work shall not adversely affect the historic,
architectural, or aesthetic character of the subject structure or the relationship and
congruity between the subject structure and its neighboring structures and
surroundings, including but not limited to form, spacing, height, yards, materials,
color, or rhythm and pattern of window and door openings in building facades, nor
shall the proposed work adversely affect the special character or special historic,
architectural or aesthetic interest or value of the overall historic site, historic district,
or multiple property designation. Except where special standards and guidelines
have been specified in the designation of a particular historic resource, historic
district, or multiple property designation, or where the board has subsequently
adopted additional standards and guidelines for a particular designated historic
resource, historic district, or multiple property designation, decisions relating to
alterations or new construction shall be guided by the U. S. Secretary of the Interior's
"Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings".
Special standards and guidelines adopted in the City of Miami are:
1. The Historic Design Guidelines which state:
"Artistic murals or patterns are not allowed and require HEPB approval".
"Exterior paint colors should highlight the architectural features on a structure, but
not detract from them. Appropriate paint colors shall be chosen for a fagade based
on its architectural style and historic context. A successful paint scheme enhances
the look of a structure, however when inappropriate colors are applied it can be
detrimental to the architecture".
W. Adams 6789 Biscayne Blvd. Project No. PZ -19-653
2/14/2019 Page 4 of 5
I
"Dark colors and bright hues are NOT allowed on structures".
2. The MiMo/Biscayne Boulevard Historic District Design Guidelines that include a
selection of forty-four suggested color palettes approved by the HEPB on March 2, 2009
to provide possible color combinations that would be appropriate for the MiMo/BiBo
Historic District.
The murals do not comply with the above as, firstly, no HEPB approval for the artistic murals
or patterns has been obtained as the work was undertaken without the submission of a COA
application. Secondly, the paint colors and patterns, especially on the west and east facades
do not highlight the architectural features but actually obscure and detract from them. Thirdly,
the colors chosen for the murals are not consistent with the prevailing paint schemes within
the historic district as they are not from the pre -approved color palette.
Findings: Not Consistent
G. NEIGHBORHOOD SERVICES:
Code Compliance Required
Building Required
NET Required
H, CONCLUSION:
The application has not demonstrated compliance with Chapter 23 entitled "Historic Preservation" of
the City of Miami Code of Ordinances and the Secretary of the Interior's Standards. Staff finds the
request does not comply with all applicable criteria and finds that the request for an after -the -fact
Special Certificate of Appropriateness for the painting of murals does adversely affect the historic,
architectural, or aesthesic character of the subject structure and the aesthetic interest or value of the
historic district.
I. RECOMMENDATION:
Pursuant to Section 23-6.2(b)(4) of the City of Miami Code of Ordinances, as amended, and the
Secretary of Interior Standards, the Preservation Office recommends denial of the after -the -fact
Special Certificate of Appropriateness. If the application is denied, the Board may consider making
a recommendation that the building be painted in a paint scheme chosen from the pre -approved
color palette or, the applicant, while working with Staff and the MiMo Biscayne Association, may
consider painting the building white and installing neon artwork depicting the Puerto Rican flag.
Warren Adams
Preservation Officer
W. Adams 6789 Biscayne Blvd. Project No. PZ -19-653
2/14/2019 Page 5 of 5
Attachment
"B'
File Number: 5770
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING/DENYING
THE APPEAL FILED BY JOEY CANCEL ("APPELLANT") AND
REVERSING/AFFIRMING/MODIFYING THE DECISION OF THE MIAMI
HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD'S DENIAL,
PURSUANT TO SECTION 23-6.2(b)(4) OF THE CITY CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, OF THE APPLICATION FOR AN AFTER -
THE -FACT SPECIAL CERTIFICATE OF APPROPRIATENESS FOR THE
PAINTING OF MURALS ON A NON-CONTRIBUTING PROPERTY LOCATED
AT APPROXIMATELY 6789 BISCAYNE BOULEVARD, MIAMI, FLORIDA,
WITHIN THE MIAMI MODERN/BISCAYNE BOULEVARD ("MIMO") HISTORIC
DISTRICT WITH THE FOLIO NUMBER 0132180090010.
WHEREAS, on March 5, 2019, the Historic and Environmental Preservation Board
("HEPB"), at a duly noticed public hearing, considered Item No. HEPB.7, pursuant to Section
23-6.2(b)(4) of the City Code, the application for an after -the -fact Special Certificate of
Appropriateness for the painting of murals on a non-contributing property located at
approximately 6789 Biscayne Boulevard, Miami, Florida 33138, within the Miami
Modern/Biscayne Boulevard Historic District with the folio number 0132180090010, and
adopted Resolution No. HEPB-R-19-012 by a vote of five to three (5-3) denying the same; and
WHEREAS, pursuant to the applicable provisions of Section 23-6.2(b)(4) of the City
Code of Miami, Florida, as amended ("City Code"), applications for Special Certificates of
Appropriateness are processed in accordance with the procedures set forth for Special
Certificates of Appropriateness; and
WHEREAS, on March 14, 2019, Joey Cancel ("Appellant"), filed an appeal to the City
Commission pursuant to Section 23-6.2(e) of the City Code; 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, affirm or modify the decision of the
HEPB denying the application for an after -the -fact Special Certificate of Appropriateness for the
painting of murals on a non-contributing property located at approximately 6789 Biscayne
Boulevard, Miami, Florida 33138, within the Miami Modern/Biscayne Boulevard ("MIMO")
Historic District with the folio number 0132180090010, pursuant to Section 23-6.2(b)(4) of the
City Code; and
WHEREAS, for the reasons stated on the record, at the public hearing on May 23, 2019,
the City Commission grants/denies the appeal and reverses/affirms/modifies the HEPB decision
contained in Resolution No. HEPB-R-19-012 as it pertains to the appeal of this property;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
City of Miami Page 1 of 2 File ID: 5770 (Revision:) Printed On: 10115/2019
City of Miami
CON
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Legislation
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Resolution:
File Number: 5770
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING/DENYING
THE APPEAL FILED BY JOEY CANCEL ("APPELLANT") AND
REVERSING/AFFIRMING/MODIFYING THE DECISION OF THE MIAMI
HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD'S DENIAL,
PURSUANT TO SECTION 23-6.2(b)(4) OF THE CITY CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, OF THE APPLICATION FOR AN AFTER -
THE -FACT SPECIAL CERTIFICATE OF APPROPRIATENESS FOR THE
PAINTING OF MURALS ON A NON-CONTRIBUTING PROPERTY LOCATED
AT APPROXIMATELY 6789 BISCAYNE BOULEVARD, MIAMI, FLORIDA,
WITHIN THE MIAMI MODERN/BISCAYNE BOULEVARD ("MIMO") HISTORIC
DISTRICT WITH THE FOLIO NUMBER 0132180090010.
WHEREAS, on March 5, 2019, the Historic and Environmental Preservation Board
("HEPB"), at a duly noticed public hearing, considered Item No. HEPB.7, pursuant to Section
23-6.2(b)(4) of the City Code, the application for an after -the -fact Special Certificate of
Appropriateness for the painting of murals on a non-contributing property located at
approximately 6789 Biscayne Boulevard, Miami, Florida 33138, within the Miami
Modern/Biscayne Boulevard Historic District with the folio number 0132180090010, and
adopted Resolution No. HEPB-R-19-012 by a vote of five to three (5-3) denying the same; and
WHEREAS, pursuant to the applicable provisions of Section 23-6.2(b)(4) of the City
Code of Miami, Florida, as amended ("City Code"), applications for Special Certificates of
Appropriateness are processed in accordance with the procedures set forth for Special
Certificates of Appropriateness; and
WHEREAS, on March 14, 2019, Joey Cancel ("Appellant"), filed an appeal to the City
Commission pursuant to Section 23-6.2(e) of the City Code; 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, affirm or modify the decision of the
HEPB denying the application for an after -the -fact Special Certificate of Appropriateness for the
painting of murals on a non-contributing property located at approximately 6789 Biscayne
Boulevard, Miami, Florida 33138, within the Miami Modern/Biscayne Boulevard ("MIMO")
Historic District with the folio number 0132180090010, pursuant to Section 23-6.2(b)(4) of the
City Code; and
WHEREAS, for the reasons stated on the record, at the public hearing on May 23, 2019,
the City Commission grants/denies the appeal and reverses/affirms/modifies the HEPB decision
contained in Resolution No. HEPB-R-19-012 as it pertains to the appeal of this property;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
City of Miami Page 1 of 2 File ID: 5770 (Revision:) Printed On: 10115/2019
File ID: 5770
Enactment Number:
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. The City Commission grants/denies the appeal and reverses/affirms/modifies
the decision of the HEPB as set forth in Resolution No. HEPB-R-19-012 and denies/grants the
application for an after -the -fact Special Certificate of Appropriateness for the painting of murals
on a non-contributing property located at approximately 6789 Biscayne Boulevard, Miami,
Florida 33138, within the MIMO Historic District with the folio number 0132180090010.
Section 3. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.'
APPROVED AS TO FORM AND CORRECTNESS:
J
tYt6ria-fV1t'Ade_z, CiFy Attort
ey 4/30/2019
' 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 2 of 2 File /D: 5770 (Revision:) Printed on: 10/15/2019
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City of Miami
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Master Report
Miami, FL 33133
www.miami ov.com
www.miamigov.com
.a.
Meeting
Completed
O g 1
5/23/2019
CONTINUED
Passed
Enactment Number:
6/27/2019
File Number: 5770
Revision:
File Type: Resolution
File Name: HEPB Decision Appeal - 6789 Biscayne Blvd
Status: REMANDED TO HISTORIC
& ENVIRONMENTAL
PRESERVATION BOARD
Controlling Body: City Commission
Introduced: 4/11/2019
Requesting Dept: Department of Planning Final Action Date:
Title: A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING/DENYING THE
APPEAL FILED BY JOEY CANCEL ("APPELLANT") AND
REVERSING/AFFIRMING/MODIFYING THE DECISION OF THE MIAMI HISTORIC AND
ENVIRONMENTAL PRESERVATION BOARD'S DENIAL, PURSUANT TO SECTION 23-
6.2(b)(4) OF THE CITY CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, OF
THE APPLICATION FOR AN AFTER -THE -FACT SPECIAL CERTIFICATE OF
APPROPRIATENESS FOR THE PAINTING OF MURALS ON A NON-CONTRIBUTING
PROPERTY LOCATED AT APPROXIMATELY 6789 BISCAYNE BOULEVARD, MIAMI,
FLORIDA, WITHIN THE MIAMI MODERN/BISCAYNE BOULEVARD ("MIMO")
HISTORIC DISTRICT WITH THE FOLIO NUMBER 0132180090010.
Notes:
Links: Linked To: HEPB-R-19-012 : A RESOLUTION OF THE MIAMI HISTORIC AND
ENVIRONMENTAL PRESERVATION BOARD, PURSUANT TO SEC. 23-6.2(4) OF THE CITY CODE OF
ORDINANCES, DENYING AN APPLICATION FOR AN AFETR-THE-FACT SPECIAL CERTIFICATE OF
APPROPRIATENESS FOR THE PAINTING OF MURALS ON A NON-CONTRIBUTING PROPERTY,
LOCATED AT APPROXIMATELY 6789 BISCAYNE BOULEVARD, MIAMI, FLORIDA, 33138, WITHIN
THE MIAMI MODERN/BISCAYNE BOULEVARD HISTORIC DISTRICT; FURTHER, INCORPORATING
BY REFERENCE THE FINDINGS IN THE STAFF ANALYSIS ATTACHED HEREIN AS "EXHIBIT A".
Attachments: 5770 - HEPB (5524) Resolution (PDF)
5770 - Appeal Letter (PDF)
5770-Submittal-Mariela Lopez De Albear-Letters from Area Residents (PDF)
5770-Submittal-Mariella Lopez De Albear-Letter to Commissioners (PDF)
5770 -Submittal -Commissioner Gort-Police Department Specials Events Permit for La Placita Mural (PDF)
5770 -Submittal -Joey Cancel -La Placita Alternative Flag PowerPoint Presentation (PDF)
History of Legislative File:
Revision: Acting Body: Date: Action: Result:
Victoria Mendez
4/30/2019
Approved Form and
Completed
Correctness
City Commission
5/23/2019
Meeting
Completed
City Commission
5/23/2019
CONTINUED
Passed
City Commission
6/27/2019
Meeting
Completed
City Commission
6/27/2019
CONTINUED
Passed
City Commission
7/25/2019
Meeting
Completed
City Commission
7/25/2019
REMANDED TO HISTORIC &
Passed
ENVIRONMENTAL
PRESERVATION BOARD
City of Miami Page 1 of 2 Printed on: 10/15/2019
N 0/.
City of Miami
r'
`
Master Report
Enactment Number:
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
City of Miami Page 2 of 2 Printed on: 10/15/2019