Minutes - Zoning Board of Appeals|

Kimball Township Zoning Board of Appeals

Kimball Township Municipal Office

2160 Wadhams Rd., Kimball Michigan

Public Hearing/Regular Meeting

August 7, 2023

6:30 P.M.

Belesky opened the meeting at 6:30 p.m. with the Pledge of Allegiance.

Roll Call of Members:  Belesky, Orr and Crowe. Strait joined meeting at 6:33 p.m.


Absent:  Nelson.


I.          Approval of Agenda

Orr motioned to approve the agenda as presented supported by Crowe.

Motion Carried.


II.          Approval of the Minutes-Regular Meeting July 11, 2023

Orr motioned to approve the minutes as presented supported by Crowe.

Motion Carried.


III.       New Business

Orr motioned to open the Public Hearing at 6:32 p.m. supported by Crowe.

Motion Carried.


A.    PUBLIC HEARING: Variance 74-25-007-2002-000— 7018 Sparling Road—BENNETT.   The applicant is requesting a variance for lot size less than 10 acres in an AG zone.

Heather Bennett, 1116 Court Street, Port Huron:  Our intention on Sparling Road, which would be a part of my daughter and son-in-law’s original property, would be for three acres on the very corner of their property, so that we can build a house on it.  We would like to be closer to my daughter and son-in-law and grandkids and they have agreed to let us build on this property.  It will be a small 1,400 foot single story ranch with a basement.


Strait joined meeting at 6:33 p.m.


Belesky:  Do you know what the acre required in that district is?


Bennett:  I was informed it was 10 acres.


Belesky:  What is the hardship of the property that you can’t meet the 10 acres?


Joseph Randolph, 7018 Sparling Road:  It is my old family farm, I bought it off of my grandmother before she passed away.  I don’t have my mom or dad and would just like to have my family close.  This is family land that has protected wetlands and is used for hunting grounds.


Discussion answering audience members’ questions regarding number of acres, set back, location of proposed parcel.


Orr:  Why not give them 10 acres so they can be in compliance with the zoning?


Belesky: We have to go by current ordinances for the zoning.




Orr motioned to close the Public Hearing at 6:49 p.m. supported by Strait.

Motion Carried.


Erickson:  The hardship is the pipeline and you can’t build over it.  Down the street the houses are all one and a half to two acre lots, and there are eleven of them.  They have about 500 feet of frontage.


                  Crowe:  They could sell them the 10 acres too.


                  Bennett:  He isn’t selling it to us; he is giving it to us.


                  Orr:  I’m still stuck on the 10 acres.




                  Strait motioned to approve the variance for 7018 Sparling Road, no support.

                  Motion died for lack of support.


B.     Determination of Berm, Wall, Fence – Ordinance 171 / Ordinance 142

The request is for a berm that will be 50 foot wide, 3 feet tall with 4-foot arborvitaes.  It would create a buffer between commercial and residential zones.


Belesky asked Orr if this was at the Planning Commission. 


Orr:  It wasn’t for the berm; it was for a wall.


Belesky wants to know what opinion the lawyer had.


Erickson:  The lawyer advised it had to go to the ZBA for a determination.


Phil Porte: BMJ Engineering (519 Huron):  We are the design engineers for Protel Development.  Also present is developer Bernie Teltow with me.


(Belesky had to leave.)


Orr motioned to have Crowe step in as chairperson supported by Strait.

Motion Carried.


Porte:  What we are asking for is a consideration to put a landscape berm, 50 wide at the base and 4 foot high at the top with a 6 to 1 slope.  The reason for that ratio is so it is easily maintained with a lawn mower.  We could narrow it up some but it would make it harder to mow.  On top of the berms, we would plant 3-foot-high arborvitaes.  This would be a softer approach than a concrete wall separating the commercial from the residential.


Erickson questioned about it being 40 foot wide and not 50 foot.


Porte:  That’s right, it is a 40 foot wide berm.


Bernie Teltow, owner of Protel Development:  We don’t want it to look like a city and the berm would look nicer.


Orr motioned to approve the 40 foot wide berm supported by Strait.


ROLL CALL VOTE:  YES:  Orr, Strait and Crowe.  NO:  None.

                        ABSENT:  Nelson and Belesky.  (3-0-2) Motion Carried.


IV.       Old Business

A.    Update to Master Plan – Survey online

Carwyn explained that the survey will only take 10 minutes and encouraged everyone to participate.


B.     Request for Update:  Variance (777 Scott Road) 74-25-027-1009-300 / 74-25-028-2003-000

Orr motioned to postpone the request for update supported by Strait. 

Motion Carried.


V.          Audience Participation



VI.       Officers Reports

Orr:  Planning Commission approved the Memory Care Facility and tabled the subdivision for Griswold and Wadhams for further review of Ordinance #171.


VII.    Adjournment

Orr motioned to adjourn the meeting at 6:55 p.m. supported by Strait.

Motion Carried.

Meeting adjourned at 6:55 p.m.

Submitted by Linda Belesky/Nancy Crowe, Chair


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