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Resolution: R-19-0259
File Number: 5903
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 6/27/2019
A RESOLUTION OF THE MIAMI CITY COMMISSION, GRANTING THE
APPEAL FILED BY ORGANIC BITES, LLC AND REVERSING IN PART AND
MODIFYING IN PART, THE DECISION OF THE MIAMI HISTORIC AND
ENVIRONMENTAL PRESERVATION BOARD'S APPROVAL, PURSUANT TO
SECTION 23-6.2(b)(4) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, OF THE APPLICATION FOR A SPECIAL CERTIFICATE OF
APPROPRIATENESS TO ALLOW SITE IMPROVEMENTS ON THREE (3) NON-
CONTRIBUTING PARCELS AND ON ONE (1) CONTRIBUTING PARCEL,
LOCATED AT APPROXIMATELY AT 7000, 7010, 7020, AND 7030 BISCAYNE
BOULEVARD, MIAMI, FLORIDA, WITHIN THE MIAMI MODERN/BISCAYNE
BOULEVARD HISTORIC DISTRICT, WITH THE FOLIO NUMBERS
0132180040650, 0132180040660, 0132180040430, AND 0132180040420, IN
ORDER TO ALLOW FOR MURALS TO REMAIN AT 7000 AND 7010
BISCAYNE BOULEVARD, MIAMI, FLORIDA, ALSO REFERENCED AS FOLIO
NUMBERS 0132180040650, 0132180040660.
WHEREAS, on April 2, 2019, the Historic and Environmental Preservation Board
("HEPB"), at a duly noticed public hearing, considered Item No. HEPB.2, pursuant to Section
23-6.2(b)(4) of the Code of the City of Miami, Florida ("City Code"), of the application for a
Special Certificate of Appropriateness to allow site improvements, more specifically for 1)
repainting, 2) removal of artistic murals, and 3) after -the -fact issuance of a permit for a neon
sign, an awning, painting, and removal of murals, on three (3) non-contributing parcels and on
one (1) contributing parcel, located approximately at 7000, 7010, 7020, and 7030 Biscayne
Boulevard, Miami, Florida, within the Miami Modern/Biscayne Boulevard Historic District, with
the Folio Numbers 0132180040650, 0132180040660, 0132180040430, and 0132180040420,
and adopted Resolution No. HEPB-R-19-016 by a vote of eight to zero (8-0) approving the
same; and
WHEREAS, pursuant to the applicable provisions of Section 23-6.2(b)(4) of the 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 May 2, 2019, Organic Bites, LLC ("Appellant"), filed an appeal to the City
Commission pursuant to Section 23-6.2(e) of the City Code requesting that the artistic murals
on 7010 Biscayne Boulevard, Miami, Florida, be permitted to remain; and
WHEREAS, for completeness all items included in the Special Certificate of
Appropriateness referenced above are listed; however, the only Special Certificate of
Appropriateness item that is being Appealed is solely Item No. 2) the removal of artistic murals;
and
WHEREAS, the Owner of the Property obtained a Certificate of Appropriateness ("COA")
per HEPB-R-19-016 from the City's Historic and Environmental Board ("HEPB") on March 2019,
City of Miami Page 1 of 3 File ID: 5903 (Revision: A) Printed On: 8/21/2019
File ID: 5903 Enactment Number: R-19-0259
which included a requirement that artistic wall murals commissioned by the Applicant be
removed ("COA"); and
WHEREAS, Applicant has appealed solely the portion of the COA that requires the
removal of the artistic mural at Applicant's leased premises; and
WHEREAS, the City and Applicant had agreed that the Owner should not be prohibited
from pursuing all other elements of the COA, while the partial appeal of the COA is pending;
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 in part, and modify in part the decision
of the HEPB approving the application for a Special Certificate of Appropriateness, 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 June 27,
2019, the City Commission grants the appeal and reverses in part and modifies in part, the
adoption of Resolution No. HEPB-R-19-016 as it pertains to the appeal of Item No. 2 of this
Special Certificate of Appropriateness, the removal of the artistic murals presently located at the
address referenced herein, 7000 and 7010 Biscayne Blvd., Miami, Florida, which are now
approved to remain; and
WHEREAS, excepting the reversal of the HEPB decision for Item No. 2, the removal of
artistic murals on three (3) non-contributing parcels and one (1) contributing parcel, all other
requirements and conditions set forth in Resolution No. HEPB-R-19-016 were not the subject to
this appeal and continue in operative force and effect; and
WHEREAS, based on the testimony and evidence presented at the hearing on June 27,
2019, the works referenced in Item No. 2 are works of art by artist Claudia La Blanca; and
WHEREAS, the Appellant being a Tenant of the Property did not receive notice of the
April 2, 2019 HEPB meeting where this Application was considered and did not have, in this
particular instance, an opportunity to be heard before the HEPB on this issue;
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 the appeal and partially reverses and modifies
the decision of the HEPB as set forth in Resolution No. HEPB-R-19-016 and grants the
application for a Special Certificate of Appropriateness to allow site improvements, on three (3)
non-contributing parcels and on one (1) contributing parcel, located approximately at 7000,
7010, 7020, and 7030 Biscayne Boulevard, Miami, Florida, 33138 within the Miami
Modern/Biscayne Boulevard Historic District, with the Folio Numbers 0132180040650,
0132180040660, 0132180040430, and 0132180040420, in order to allow for murals to remain
at 7010 Biscayne Boulevard, Miami, Florida. Except as herein expressly reversed and modified
for murals to remain at 7000 and 7010 Biscayne Blvd., Miami, Florida, also referenced as Folio
Numbers 0132180040650, 0132180040660, all items in Resolution No. HEPB-R-19-016
continue in operative force and effect.
City of Miami Page 2 of 3 File ID: 5903 (Revision: A) Printed on: 8/21/2019
File ID: 5903
Enactment Number: R-19-0259
Section 3. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.'
APPROVED AS TO FORM AND CORRECTNESS:
1
i ria i "ndez, City Attor iey 8115/2019
' 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 3 of 3 File ID: 5903 (Revision: A) Printed on: 812112019