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CITY OF NORTH OLMSTEI7 <br />ORDINANCE NO. 69-129 <br />? Revised <br />..,? <br />PAGE 3 <br />ordinance, affirm, reverse or modify any ruling or determination <br />of the Building Official, make any requested ruling or grant any <br />special permit except after a public hearing pursuant to public <br />notice. A notice of the date, time and subject matter of the public <br />hearing to be considered by the Board shall be given by first Class <br />mail, postage prepaid, at least five ( 5) days prior to the date of <br />such hearing to the applicant or appellant and to the independent <br />record title owners of the following premises: <br />( A) Those on the same side of the street which abut the premises <br />involved, and <br />( B) Those on the same side of the street next contiguous to the <br />premises so abutting, and <br />( C) Those across the street immediately opposite the premises in- <br />volved and the premises opposite the abutting contiguous <br />properties described in ( A) and ( B) hereof, and <br />( D) Any other premises abutting the premises involved, and <br />( E) Such other premises as may be ordered to be notified by rule <br />or regulations of the Board or by its special order. <br />The independent record title holder shall mean a person, other <br />than the applicant, who as disclosed by the records of the Auditor <br />of Cuyahoga County is the owner of record at any date sixty ( 60 ) <br />days or more prior to the date of such notice. Notice to the owner <br />of record shall be notice to any purchaser from the owner of re- <br />cord. Nothing herein provided shall be construed as limiting <br />the power of the Board from enlarging on such notice. <br />Section 4. That Ordinance No. 62-33, enacted June 19, 1962, Section <br />1133.13 ( Sub-Paragraph A) entifil;ed " Pawers in Regard To An Appeal, " now <br />reading as follows: <br />1133.13 Powers in Reqard To An Appeal <br />( A) " The practical difficulty or unnecessary hardship inheres <br />in and is peculiar to the premises sought to be used be- <br />cause of physical size, shape or other characteristics <br />of such premises or adjoining premises which differentiate <br />such premises sought to be used from otherpremises in <br />the same district, and as to such premises sought to be <br />used, will create a difficulty or hardship caused by a <br />strict application of the provisiahs of the Zoning Code not <br />generally shared by other lands or structures in the same <br />district. and " <br />be and the same is hereby amended to read as follows: <br />1133.13 Powers in Regard To An Appeal <br />( A) The practical difficulty or unnecessary hardship which is <br />inherent in and is peculiar to the premises sought to be <br />used because of physical size, shape or other character- <br />istics of such premises or adjoininq premises which <br />differentiate such premises sought to be used from other <br />premises in the same district, and as to such premises <br />sought to be used, will create a difficulty or hardship <br />caused by a strict application of the provisions of the <br />Zoning Code not generally5fiared by other lands or structures <br />in the same district, and