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BOARD OF ZONING APPEALS APRIL 6, 1988 PAGE 3 and advised that-if the Board votes to grant the appeal, they would reverse the ruling of the Building Commissioner, den_ying the anpeal would uphold his decision. Roll ca11 on motion: Remmel, Bugala, Gomersall, and Helon, no. Mr. Grace, yes. Motion carried. Appeal rejected. 2. Darrell Pattison, 4080 Saw Mill Circle Re: Laureii Hill Plaza, 24106 Lorain Road Request Ruling (Ord. 87-93, Section 1123.10) if: 1) The use of residentially zoned land to provide the reauixed 50 foot rear yard required for a retail business is in violation of Section 1139.05(c)-l. 2) The use of residentially zoned land to provide a fire access drive is in violation of Section 1139.08. 3) The use of residentially zoned land to provide for the required storm water retention area is in violation of Section 1135.01. (All interested parties were sworn in previously)• In reference to the first req_uest, Mr. Pattisori stated that the ordinances,in Section 1113.03 are dealing with varcels within districts, pointing out that it is difficult to write an ordinance dealing with a parcel that has snlit zoning, consequently any parce], that has split zoning is in need of interpretation. In.other communities in which he has been involved,..set backs on lots with split zoning are usually taken from the zoning line, not the property line. He maintains that the intent of the ordinance is to have the building set back 50 feet from the district line, and pointed out tliat any building that exceeds or establishes a new set back set a precedent that can be followed by an ajoining piece. He is question- ing if any rear yard.for a commercial project shbuld be permitted on residentiallv zoned land, Building Commissioner Conway stated that the reason for the rear yard is to.separate from the abutting properties, gitring them a buffer, so the 50 foot buffer is taken from-the property line, not the zoning line. Mr. nubelko advised that the code defines yard as being measured from the property line tb the-building line, so the rear yard would be from the rear building line to the rear property line. He further stated that in the opiiiiori of the Law Department, it is not within the authority of the Board of Zoning Appeals'to rule upon these items since Section 1123.10 of the code as referenced by M.r. Pattison deals with request for a ruling on a proposed use,'and pointed out that 1-n Zoning Lawa the word use means activity, that is a shopping center use,' bowling alley use, etc., aud it.is not appronriate for the Board of Zoning A_ppeals to consider whether or not the code permits 50 foot rear yards for retail business, fire access drives, or storm water retention under this Section and they do not believe it is within this Board's authority to make rulings on the proposed uses which Mr. Pattison has snecified. He clarified for Mr. Grace that no commercial activity can be permitted on the residential portion of this lot. He stated that a ruling was made on the fire aecess drive, but no anpeal was taken with3:n the .10 day period from the date of the ruling, so there is no occasion to review it; storm water retention is.not a zoning concept and is handled under a sep arate set of ordinances within the Engineering Department anel is not subject to a ruling; the use of the bu£fer on-residentiallv zoned land was not specifically ruled on, but it was allowed to go through with the proposal. Mr. Pattison stated that Section 1135.01 which covers the uses of the Residential District is unequivical and-states that land ma_y be used for only the following permitted uses; a single;family dwelling, a countrv club with certain restrictions,- a truck garden or private greenhouse, a cremetory, a school, library, museum, or government buildings, etc., and if b_y this