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File ID: 4788
Title: A RESOLUTION OF THE MIAMI CITY COMMISSION
GRANTING/DENYING THE APPEAL FILED BY SET MIDTOWN, LLC
AND REVERSING/AFFIRMING THE DECISION OF THE CITY
MANAGER'S DESIGNEE PURSUANT TO SECTION 62-609(B) OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, FOR THE
LOCATION CHANGE OF MURAL PERMIT NO. 16-0041 TO THE
PROPERTY LOCATED AT 70 NORTHWEST 37TH STREET, MIAMI,
FLORIDA, BY BECKER BOARDS MIAMI, LLC.
LOCATION: Approximately 70 NW 37 Street [Commissioner Hardemon - District 5]
APPELLANT(S): Set Midtown, LLC
APPLICANT(S): Wesley Hevia, Esquire, on behalf of Becker Boards Miami, LLC
PURPOSE: This is an appeal of a Transfer of Mural Permit to the property located at
approximately 70 NW 37 Street.
FINDING(S):
Office of Zoning: Recommended approval of the Transfer of Mural Permit and denial of
the appeal.
City of Miami
Legislation
Resolution
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 4788 Final Action Date:10/25/2018
A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING/DENYING THE
APPEAL FILED BY SET MIDTOWN, LLC AND REVERSING/AFFIRMING THE
DECISION OF THE CITY MANAGER'S DESIGNEE PURSUANT TO SECTION 62-
609(B) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, FOR THE
LOCATION CHANGE OF MURAL PERMIT NO. 16-0041 TO THE PROPERTY
LOCATED AT 70 NORTHWEST 37TH STREET, MIAMI, FLORIDA, BY BECKER
BOARDS MIAMI, LLC.
WHEREAS, on August 13, 2018, the Office of Zoning, as the City Manager's
designee, approved the location change application for mural permit no. 16-0041
proposed to be relocated by the Applicant to the property located at 70 Northwest 37
Street, Miami, Florida ("Property") pursuant to Section 62-609(b) of the Code of the City
of Miami, Florida, as amended ("Mural Relocation"); and
WHEREAS, pursuant to Section 62-616 of the Code of the City of Miami, Florida,
as amended ("City Code"), appeals of the decisions of the City Manager or designee
related to mural permits are appealable to the City Commission; and
WHEREAS, on August 28, 2018, the Appellant filed a notice of appeal with the
City of Miami ("City") related to the Office of Zoning's decision related to the Mural
Relocation; and
WHEREAS, pursuant to the criteria applicable for mural permit location changes
as established in Section 62-609(b)(1) of the City Code, after adequate notice and an
opportunity to be heard has been afforded to all parties including the general public and
based upon the testimony and evidence presented, there is competent substantial
evidence found in the record for the City Commission to reverse/affirm the decision of
the Office of Zoning as to the Mural Relocation; and
WHEREAS, the City Commission, for the reasons stated on the record at a
public hearing, grants/denies the appeal, reversing/affirming the decision of the Office of
Zoning as it relates to the Mural Relocation;
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 fully set forth in this Section.
Section 2. The City Commission grants/denies the appeal, reversing/affirming
the decision of the City Manager's designee for the Mural Relocation at the Property.
Section 3. This Resolution shall become effective immediately upon its adoption
and signature of the Mayor.
APPROVED AS TO FORM AND CORRECTNESS: