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CITY OF NORTH OLMSTED <br />ORDINANCE NO. 2001-108 <br />BY: COUNCII., MEMBER PAUL MILLER <br />AN ORDINANCE AMENDING SECTION 1123.09 OF THE ZONING CODE IN <br />ORDER TO ESTABLISHA CLEAR PROCEDURE FOR NOTICE TO BE GIVEN TO <br />CONDOMINIUMPROPERTYOWNERSAFFECTEDBYREQUESTED YARIANCES, <br />AS AMENDED. <br />N'HEREAS, current Section 1123.09 of the Zoning Code provides for notice to be given to <br />property owners who are affected by requested variances; and <br />WHEREAS, the cunent notification procedure in Section 1123.09 does not specifically <br />provide for an effective method of notification for property owners residing in condominium <br />developments; and <br />WHEREAS, it is the desire of this Council to amend Section 1123.09 of the Zoning Code in <br />order to establish a clear notification procedure to employ in the instance of variance requests which <br />affect condominium property owners; and <br />Ji:1?1 WHEREAS, the Planning Commission on the day of C-e?2001, by <br />formal motion, recommended that this Ordinance, amending Section 11 3.09 of the Zoning Code be <br />(approved)(disappfeved); <br />NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF <br />NORTH OLMSTED, COUNTY OF CUYAHOGA AND STATE OF OHIO: <br />SECTION 1: That Section 1123.09 of the Zoning Code, entitled "Notice and Hearing," <br />which presently reads as follows: <br />"1123.09 NOTICE AND HEARING. <br />The Board of Zoning Appeals shall not grant any variance from the provisions of this Zoning <br />Code, affirm, reverse or modify any ruling or determination of the Building Officia1, make any <br />requested ruling or grant any special pernut except after a public hearing pursuant to public <br />notice. A notice of the date, time and subject matter of the public hearing to be considered by the <br />Board sha11 be given by first class mail, postage prepaid, at least five days prior to the date of such <br />hearing to the applicant or appellant and to the independent record title owners of the following <br />premises: <br />(a) Those on the same side of the street which abut the premises involved; and <br />(b) Those across the street immediately opposite the premises involved and the contiguous <br />abutting properties; and <br />(c) The property or properties which abut the premises to the rear and the contiguous abutting <br />properties;