December 13, 2022 Zoning Board of Appeals Minutes

Kimball Township Zoning Board of Appeals

Kimball Township Municipal Office

2160 Wadhams Rd., Kimball Michigan

Public Hearing/Regular Meeting

December 13, 2022

7:00 P.M.

Belesky opened the meeting at 7:00 p.m. with the Pledge of Allegiance.

Roll Call of Members:
Belesky, Strait, Crowe and Nelson.

Absent: Orr.

Also Present:
Neil Erickson, Building Inspector.

1. Approval of Agenda
   

   Crowe motioned to approve the agenda supported by Nelson. Motion Carried.
   

    

2. Approval of the Minutes-Public Hearing/Regular Meeting September 13, 2022
   

   Nelson motioned to approve the minutes from September 13, 2022 as presented supported by Strait. Motion Carried.
   

    

   Belesky opened the Public Hearing at 7:02 p.m.
   

    

3. New Business
   
   1. PUBLIC HEARING: Variance (777 Scott Road) 74-25-027-1009-300 / 74-25-028-2003-000
      

   Erickson: This is for Pamela Blake, 777 Scott Road. She is asking that they have property on both sides of the river and making it a hardship. Variance is for acreage, not frontage.
   

    

   Pamela Blake: We bought 14 acres of property that are on both sides of the river. About 10 years ago we contacted the owner of the property next to ours about purchasing their property, for children to build their homes on. Agree to have it surveyed, contingent upon approval from the Planning Board and the Master Plan.
   

    

    

   Emmett Barnes, 773 Scott Road: Has a copy of his survey for the property next to the Blake’s.
   

    

   Erickson: The county survey can be off.
   

Discussion.

Erickson: There is 26 acres total. 11.5 acres is on Scott Road and Pine River Road has 14 acres.

Belesky motioned to deny the non-conforming parcels, as there is no hardship supported by Crowe.

ROLL CALL VOTE: YES: Belesky and Crowe. NO: Strait and Nelson. ABSENT: Orr. (2-2-1) Motion Denied.

Discussion.

Strait motioned to create two-ten acres and a five acre property splits for the Blake Variance supported by Nelson.

ROLL CALL VOTE: YES: Strait, Nelson and Crowe. NO: Belesky.

ABSENT: Orr. (3-1-1) Motion Carried.

Recommended to get a survey and a perk test so they know if it is buildable.

1. Temporary Dwelling (708 Burns Road) 74-25-030-3001-010
   

Erickson: This gentleman is here because he is building a brand new home and he is living in his trailer now.

Matthew Bugajski, 708 Burns Road: I want to live in the existing house that is there until I build my new house and then tear down the old one.

Nelson: Are you anticipating it to be a year?

Erickson: Yes.

Discussion.

Crowe motioned to allow Mr. Bugajski to live in the old house until he is done building the new house, and then tearing down the old one supported by Nelson.

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

ABSENT: Orr. (4-0-1) Motion Carried.

1. Time Change for 2023 ZBA Meeting Schedule
   

Carwyn explained.

1. Old Business
   

   Crowe: Asked Neil what was going on across the street on Smiths Creek Road.
   

    

   Erickson: Detroit Edison changed their minds. Lief Clark from DTE Public Relations advised they are going to pull out the transformer and the poles, and then bury the lines.
   

    

   Erickson: Kimball Commons across the street. There is a history of Planning Commission regarding that project that shows no record of that house having to be torn down.
   

    

   The attorney reviewed all the paperwork showing that there is nothing showing for the house to be torn down.
   

    

   Nelson questioned about how the minutes are typed and why some of it says “discussion.”
   

    

   Carwyn explained.
   

    

2. Audience Participation
   

   None.
   

1. Officers Reports
   

   Nelson: Wadhams House of Pizza is having troubles with the road construction.
   

   Also, the Marijuana Ordinance was going to be voted on but three of the board were absent so we are bringing it back to the next meeting.
   

1. Adjournment
   

   Belesky motioned to adjourn the meeting at 7:58 p.m. supported by Crowe.
   

    

   Meeting adjourned at 7:58 p.m.
   

    

   Submitted by Linda Belesky, Chair