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.
●Denied fence variance for 155 Clarendon Street (Tax Map #73.11-1-18) due to self-created hardship and safety issues (Vote: 4-0)
●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.
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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