HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET
File ID: 7022
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MAY BE WITHDRAWN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-
609(B) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, FOR THE
LOCATION CHANGE OF MURAL PERMIT NO. 18-0041 TO THE PROPERTY
LOCATED AT 70 NORTHWEST 37 STREET, MIAMI, FLORIDA BY BECKER BOARDS
MIAMI, LLC.
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 a Transfer of a 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: 7022 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MAY BE WITHDRAWN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-
609(B) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, FOR THE
LOCATION CHANGE OF MURAL PERMIT NO. 18-0041 TO THE PROPERTY
LOCATED AT 70 NORTHWEST 37 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. 18-0041 proposed to be
relocated by Becker Boards Miami, LLC to the property located at 70 Northwest 37 Street,
Miami, Florida pursuant to Section 62-609(b) of the Code of the City of Miami, Florida, as
amended ("City Code"); and
WHEREAS, pursuant to Section 62-616 of the City Code, appeals of the decisions of the
City Manager's designee related to mural permits are appealable to the City Commission; and
WHEREAS, on January 2, 2020, SET Midtown, LLC filed a notice of appeal with the City
of Miami related to the Office of Zoning's decision related to the location change application;
and
WHEREAS, pursuant to the criteria applicable location change applications 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 location
change application; 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 Office of Zoning as it
relates to the location change application;
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 location change application.
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.