⚖️ Zoning Board of Appeals
Albion Zoning Board Rejects Fence Variance for Clarendon Street Property
The Zoning Board of Appeals unanimously denied a variance request for 155 Clarendon Street, citing safety concerns and a "self-created" hardship. The board determined the issue stemmed from the property owner's own actions rather than unique physical constraints.
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Key Actions & Decisions
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Denied fence variance for 155 Clarendon Street (Tax Map #73.11-1-18) due to self-created hardship and safety issues (Vote: 4-0)
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Accepted meeting minutes from September 3, 2024 (Vote: 4-0)
The Albion Zoning Board of Appeals moved quickly Thursday afternoon to deny a request for a fence variance at a Clarendon Street property, concluding that the proposed enclosure posed safety risks and did not meet the legal standard for relief.
Meeting for less than 20 minutes on Nov. 14, the board unanimously voted against the application for 155 Clarendon Street. The specific proposal involved a fence variance for the property, identified as Tax Map #73.11-1-18.
Board members Tony Wynn and Jeanette Riley led the decision, moving to deny the application based on two primary factors: the variance was deemed "self-created," and it conflicted with established safety protocols.
In the context of zoning law, a "self-created" hardship generally means that the property owner’s own actions—rather than the unique shape or nature of the land—caused the difficulty that requires the variance. Zoning boards are typically reluctant to grant relief in these instances to prevent property owners from bypassing village regulations intentionally.
According to the meeting minutes, the board found that the request failed to justify overriding the village's zoning code. The vote to deny was 4-0.
The meeting was attended by Chair Craig Tuohey, Wynn, Riley, and Code Enforcement Officer Chris Kinter. Board members Trellis Pore and Bruce Dugan were absent. Two members of the community were also present for the brief session.
Prior to the vote, the board formally approved the minutes from its previous meeting on Sept. 3, 2024.
With the variance denied, the property owners at 155 Clarendon Street will likely need to alter their plans to comply with existing village fence ordinances without the benefit of a variance. The Zoning Board of Appeals does not meet again in November; the next scheduled meeting had not yet been announced in the provided minutes.
Coverage of the Zoning Board of Appeals meeting on 2024-11-14,
Village of Albion, NY.
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This article was drafted by AI (claude-sonnet-4-20250514) from the official meeting transcript and reviewed by a human editor.
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Related Zoning Board of Appeals Meetings
2024-09-03
Albion Zoning Board Approves Variance for West Avenue Property in Brief September Session
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Key Actions & Decisions
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Unanimously approved a variance for 232 West Avenue (Vote: 4-0)
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Accepted meeting minutes from the July 18, 2024 meeting
2024-07-18
Main Street Property and Meadowbrook Fence Win Zoning Approval; West Avenue Hearing Set
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Key Actions & Decisions
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Approved area variance for 139 South Main Street (Case 73.6-6-26).
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Approved fence height variance for 53 Meadowbrook Drive.
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Scheduled public hearing for 232 West Avenue application for July 30 or Sept 3.
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Meeting attendance included Chair Craig Tuohey, board members Jeanette Riley and Tony Wynn.
2024-06-13
East State Street Variance Denied; South Main Street Parking Request Moves Forward
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Key Actions & Decisions
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Variance for 255/257 East State Street DENIED (5-0 vote)
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Public Hearing scheduled for July 18 at 4:00pm regarding parking for 139 South Main Street
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Public Hearing scheduled for July 18 at 4:00pm regarding fence height at 53 Meadowbrook Drive
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Board received an update from CEO Chris Kinter regarding 327 East Avenue
2024-05-08
ZBA Rejects East State Street Variance Over 'Spot Zoning' Concerns, Tackles East Avenue Application
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Key Actions & Decisions
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Denied variance for 255-257 East State Street due to spot zoning (5-0 vote).
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Approved new garage construction for Meadowbrook Drive (5-0 vote).
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Declared Lead Agency for SEQR review of 327 East Avenue, pending application corrections (5-0 vote).
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Referred 327 East Avenue variance to Orleans County Planning Board (5-0 vote).
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Set public hearing for 327 East Avenue variance for June 13, 2024, at 4:00 PM.
2025-08-11
East Avenue Property Seeks Zoning Relief; Public Hearing Set for September
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Key Actions & Decisions
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Public hearing scheduled for Sept. 9, 2025, at 4:00pm regarding 327 East Avenue.
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Application sent to Orleans County Planning Board for review.
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Minutes from the Nov. 14, 2024 meeting approved.
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