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.a. ,.we.., . . , ?..r.?#I .. . <br />.. . ..... ...w....;....... ,r.,.,..._. . . <br />. . ..:... . ..?.. .... ?....?...: . . . . ,.?... . ... . ,... >.......Y..«..:?....am?w?ww ?.w..,?.w.?. <br />r ? <br />ORDINANCE NO. 96-161 <br />By: Mayor a`nd All Members of Council <br />AN ORDINANCE AMENDING SECTIONS 1123.13 AND <br />1123.14 OF THE NORTH OLMSTED ZONING CODE, IN <br />ORDER TO PROVIDE FOR COUNCILMANIC REVIEW OF <br />USE VARIANCES GRANTED BY THE BOARD OF ZONING <br />APPEALS. <br />WHEREAS, the Board of Zoning Appeals of the City of North Olmsted is vested by the <br />Charter of the City of North Olmsted with authority to grant both use and area variances in <br />accordance with Ohio decisional law; and <br />WHEREAS, Section 1123.13 of the North Olmsted Zoning Code presently provides that <br />variances granted by the Board of Zoning Appeals are final and not reviewable by Council; and <br />WHEREAS, this Council believes that use variances granted by the Board of Zoning <br />Appeals should be reviewed by Council, because of the potential which such variances have for <br />adversely impacting upon the health, safety and aesthetics of residential and other zoning districts <br />of the City; and <br />WHEREAS, after careful consideration, the Planning Commission of the City of North <br />Olmsted, on the 4d day of , 1996, recommended approval of the proposed <br />amendments to Sections 1123.13 and 1123.14 of the Zoning Code. <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 Sections 1123.13 and 1123.14 of the Zoning Code, which cunently <br />read: <br />1123.13 FINALITY OF BOARD ORDER. <br />Any ruling, deternunation or order issued by the Board of Zoning Appeals made pursuant to <br />Section 1123.12, shall be final and not subject to further review. However, any ruling determination <br />or order issued pursuant to Sections 1123.10 or 1123.11 shall become final thirty days after the date <br />thereof unless within such thirty days, Council, by actions as provided in this chapter, reverses, <br />amends, modifies or suspends such ruling, determination or order. All rulings, deternunations or <br />orders ofthis Board under Section 1123.11 pertaining to additions to nonconfornung buildings in a <br />Single Family Residence District shall be final and not subject to further review by Council. <br />1123.14 COLTNCIL NOTICE; POWERS. <br />(a) Notice to Council. Upon the issuance by the Board of Zoning Appeals of any ruling, <br />deternunation or order issued pursuant to Sections 1123.10 or 1123,11, the Secretary of the Board