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HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET File ID: 6983 Title: MAY BE WITHDRAWN A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING/DENYING THE APPEAL FILED BY SET MIDTOWN, LLC AND REVERSING/AFFIRMING THE DECISION OF THE CITY MANAGER'S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 62-603 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, OF THE APPROVAL OF BECKER BOARDS MIAMI, LLC AS A QUALIFIED APPLICANT. LOCATION(S): 70 NW 37 St [Commissioner Keon Hardemon — District 5] APPLICANT(S): Robert H. Fernandez, Esq., on behalf of Becker Boards Miami, LLC APPELLANT(S): Javier Avino, Esq., on behalf of SET Midtown, LLC PURPOSE: This is an appeal of Becker Board Miami, LLC's Qualified applicant status as defined by Section 62-603 of the City Code FINDING(S): OFFICE OF ZONING: Approved the Applicant's designation as a Qualified applicant. City of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 6983 Final Action Date:10/8/2020 MAY BE WITHDRAWN A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING/DENYING THE APPEAL FILED BY SET MIDTOWN, LLC AND REVERSING/AFFIRMING THE DECISION OF THE CITY MANAGER'S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 62-603 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, OF THE APPROVAL OF BECKER BOARDS MIAMI, LLC AS A QUALIFIED APPLICANT. WHEREAS, on September 5, 2014, the City Manager's designee ("Designee") approved Becker Boards Miami, LLC ("Becker Boards") as a qualified applicant pursuant to Section 62- 603 of the Code of the City of Miami, Florida, as amended ("City Code"); and. WHEREAS, pursuant to Section 62-616 of the City Code, any decisions of the Designee related to mural permits are appealable to the City Commission; and WHEREAS, on December 13, 2019, the Appellant filed a notice of appeal with the City of Miami ("City") related to the Designee's decision related to Becker Boards' qualified applicant status; and WHEREAS, pursuant to the criteria applicable for the approval of a qualified applicant as established in Section 62-603 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 Designee as to the approval of Becker Boards as a qualified applicant; and WHEREAS, the City Commission, for the reasons stated on the record at the public hearing, grants/denies the appeal, reversing/affirming the decision of the Designee as it relates to the approval of Becker Boards as a qualified applicant; 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 Designee for the approval of Becker Boards qualified applicant status. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.' APPROVED AS TO FORM AND CORRECTNESS: 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.