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? . . 1( <br />Board of Zoning Appeals <br />November 27, 1985 <br />Page 2 <br />feet, then a variance of twenty-two (22) feet will be required <br />to construct the building. . The owner requests that the Zoning Board of Appeals either <br />1) interpret the setback line for the sideline of the parcel <br />along S.R. 252 to be twenty-five (25) feet under Section 1174.03 <br />of the Zoning Ordinance, dealing with setback on corner lots, <br />or 2) grant a variance to the owner of twenty-two (22) feet <br />from the fifty (50) foot setback line, if that is,the applicable <br />setback for the sideline of the parcel along S.R. 252. <br />The parcel of land is approximately 75' by 430', and is a <br />buildable commercial lot under ordinary circumstances. The <br />planned retail building is approximately 5,940 sq. ft., fits <br />easily on the lot and meets all necessary area, parking and <br />setback requirements, with one exception. The only question <br />is the setback line along S.R. 252. <br />The Zoning Ordinance, Section 1174.02 provides that in a <br />retail business district the building setback shall be at least <br />50 feet from the street. However, there is an exception for <br />corner lots in Section 1174.03: <br />1174.03 Setback on Corner Lots. (Amended 9-15-64 - <br />Ord. 64-117). For a corner lot in a Retail Business <br />District, the minimum depth of yard along either frontage <br />shall be the depth of yard which is required along the <br />same street for the adjoining lot; provided that nothing <br />in this provision shall be so interpreted as to reduce <br />the buildable width of a corner lot of record at the time <br />of passage of the Zoning Code to.less than twenty-five (25) <br />fe.et; or to require a setback from a side street line in <br />excess of twentv-five (25) feet. (Emphasis Added). <br />The minimum depth along Lorain Road, the front of the lot, <br />is fifty (50) feet and the building meets this requirement. <br />There are no builciings along the extension of S.R. 252 adjoining <br />the owner's lot, to establish a setback, because the road has <br />not been constructed. <br />There is no definition of a"side street line" in the <br />Zoning Ordinance. However in the above context the intent of <br />the ordinance is clear, that one of the setbacks is to be