ZBA says applicant for 75 Clarendon Avenue failed to demonstrate hardship; board moves to executive session on appointments

The Zoning Board of Appeals (ZBA) for the City of Kingsley reviewed an application for a use variance for 75 Clarendon Avenue and determined the applicant had not met the legal hardship standard required to allow residential use in the special district. The board then voted on a motion about the application, later entered an executive session under Public Officers Law §105‑f to discuss applicants to the board and adjourned the meeting.

Board chair (presiding officer) led the discussion of old business, saying the board had held a public hearing on the application in December and that “I’ve not returned or received any financial evidence, so I don’t believe that that burden can be met,” referring to the requirement to show a lack of reasonable return by competent financial evidence. The chair and other members agreed that none of the special districts (SDs) at issue permit residential uses and that the applicant had not shown a unique hardship.

The board discussed…