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CITY OF NORTH OLMSTED ORDINANCE NO. 2003 - 36 BY.• Council Member Gareau AN ORDINANCE AMENDING SECTION 112313 OF THE NORTH OI.MS7'ED ZONING CODE, ENTITLED "FINALITY OF BOARD'S ORDER," TO PERMIT THE CITY TO SEEK APPELLATE REVIEW OF DETERMINATIONS MADE BY THE BOARD OF ZONING APPEALS WZWAF.s1s, the Supreme Court in the case of Willoug?ibv Hills v. C.C.'s Bar Sahara, Inc. (1992), 64 Ohio St. 3d 24, held that municipalities may administratively appeal decisions rendered by their Boards of Zoning Appeals to Common Pleas Courts pursuant to Ohio Revised Code Chapter 2506, only if the municipality's charter or ordinances expressly pernut such appeals; and WHF'RF.,4S, the City is usually the only entity, in an administrative appeal from a decision of a Board of Zoning Appeals, which ma.y truly assert the interests of the public at large in the Boazd's zoning decision; and WBEREAS, it is the desire of this Council to authorize and permit the City to appeal decisions rendered by the City's Boa.rd of Zoning Appeals to the Court of Common Pleas for Cuyahoga County, Ohio, pursuant to said Revised Code Chapter 2506; and ATAF.RF.,4S, after careful consideration, the Planning Commission of the City, on theL ? day of ? 2003, by foimal motion, recommended that this Ordinance amending Section 1123.13 f the Zoning Code, entitled "Finality of Board's Order," be (approved) (disappfeved); and WHEREAS, following publication of newspaper notice in conformance with the provisions of Section 14 of Article IV of th harter and Section 1127.03 of the Zoning Code, a public hearing was held on the ti vt day of 2003; NOW, TNF'RF.FORE, BE IT ORDAINED BY TSE COUNG'IL OF TSE CIT'Y OF NORTSOLMSTED, CUFAIWGA COUNTY, AND STATE OFOSIO: SECTION 1: That Section 1123.13 of the Zoning Code of the City of North Olmsted, which presently reads as follows: