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CITY OF NORTH OLMSTED ORDINANCE NO. 2010 - 126 By: Mayor Kennedy AN ORDINANCE REPEALING SECTION 1123.15 OF THE NORTH OLMSTED ZONING CODE ENTITLED "EXPIRATION OF ORDER," AND AMENDING SECTION 1123.12 OF THE NORTH OLMSTED ZONING CODE ENTITLED "APPEAL CONDITIONS," IN ORDER TO TIME LIMIT CERTAIN VARIANCES GRANTED PURSUANT TO SECTION 1123.12 AND FURTHER AUTHORIZING THE DIRECTOR OF PLANNING AND DEVELOPMENT TO ADMINISTRATIVELY EXTEND ESTABLISHED VARIANCE TIME LIMITATIONS. WHEREAS, the zoning code as currently enacted provides that any ruling, order or determination of the Board of Zoning Appeals shall expire one (1) year from the effective date of such ruling, determination or order; and WHEREAS, it is the recommendation of the Mayor and the Director of Planning and Development that such section be eliminated, as all orders of the Board of Zoning Appeals re final as a matter of law, unless otherwise conditioned or excepted; and WHEREAS, it is the recommendation of the Mayor and the Director and Planning and Development that if a variance is granted by the Board of Zoning Appeals pursuant to Section 1123.12 and the variance is in conjunction with a Development Plan submitted pursuant to Chapter 1126, then the variance shall expire after the expiration of one (1) year from the date of the Board of Zoning Appeals decision unless (1) building permits have been applied for and issued by the Building Department; or (2) the Director of Planning and Development administratively extends the approval rendered by the Board of Zoning Appeals for a period of up to one (1) year; and WHEREAS, it is the desire of this Council to make final decisions of the Board of Zoning Appeals, to place restrictions upon variances granted, and to authorize and permit the Director of Planning and Development to administratively extend approvals rendered by the Board of Zoning Appeals pursuant to Section 1123.12, Appeal Conditions, for a period of up to one (1) year; and WHEREAS, after careful consideration, the Planning and Design Commission of the City, on the 2" day of Q. k ?),t r- , 2010, by formal motion, recommended that this Ordinance amending Sections 1123.15 and 1123.12 of the Zoning Code, entitled "Expiration of Order," and "Appeal Conditions" respectively, be (approved) (disa?pp_roved); and 'p, i- "' WHEREAS, following publication of newspaper notice in conformance with the provisions of Section 14 of Article IV of the Charter and Section 1127.03 of the Zoning Code, a public hearing was held on the '3 day of khO W?t ?', 2010;