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File ID: 5770
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.
LOCATION: Approximately 6789 Biscayne Blvd. [Commissioner Keon Hardemon -
District 5]
APPELLANT(S): Joey Cancel, on behalf of La Placita @ Miami, LLC
APPLICANT(S): Joey Cancel, on behalf of La Placita @ Miami, LLC
PURPOSE: This appeal seeks to have the HEPB's decision reversed by the City
Commission.
FINDING(S):
PLANNING DEPARTMENT PRESERVATION OFFICE: Recommended denial of the
Special Certificate of Appropriateness ("SCOA").
HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD: Denied the SCOA on
March 5, 2019, by a vote of 5-3.
City of Miami
Legislation
Resolution
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 5770 Final Action Date:7/25/2019
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:
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:
ndez, City Attor ey 4/30/2019
1 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.