Minutes - Planning Commission|

Kimball Township Planning Commission

Kimball Township Municipal Office

2160 Wadhams Rd., Kimball Michigan

Regular Meeting/Public Hearing

February 22, 2022

6:30 P.M.

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


ROLL CALL OF MEMBERS: Orr, Barrett, Hoffman, Henry, Howard and Tuttle.


ABSENT: Miller.


Neil Erickson, Building Inspector and Greg Stremer, Township Attorney.



Barrett motioned to approve the agenda as presented supported by Hoffman.

Motion Carried.



    Tuttle motioned to approve the minutes of the workshop and meeting supported by Howard. Motion Carried.


    1. Public Hearing – Special Exception: Fischer 74-25-006-1004-000: 7205 Lapeer Road/2915 Coleman Road

Open Public Hearing at 6:35 p.m.

Fischer: Discussion of business operations and production. No signage.

Erickson: Prior occupied by J & J Trailers. Fischer lives on site.

Barrett: Your ZBA Class A approval was based on a Special Exception from this body. Share with us what Special Exception you are wanting or needing from this board.

Fischer: Just to keep on doing what I have been doing.

Barrett: Are you wanting a Home Occupation approval for the address and parcel in question?

Fischer: Yes.

Barrett: What is the total square footage?

Fischer: 7,100 square footage.

Orr: You are looking at two different businesses then.

Barrett: Mr. Fischer do you understand that if we approve you for a Home Occupation you are not going to be able to lease it out to anyone?

Fischer: Yes I understand.

Barrett: Are you going to continue to do some light manufacturing or industry there or are we just doing research and development?

Fischer: Light manufacturing. No mass production.

The board received letters from two of Mr. Fischer’s neighbors saying that they don’t have any problems with Mr. Fischer running a business at his home.


Barrett motioned to close the Public Hearing at 6:48 p.m. for a Special Exception request for 7205 Lapeer/2915 Coleman Road supported by Howard.

Motion Carried.

Tuttle motioned to approve the amended motion for Mr. Fischer to allow a Home Occupation Exception and limit it to 7,100 square foot accessory structure for the purpose of research and development, no outdoor storage at this time supported by Howard.

ROLL CALL VOTE: YES: Tuttle, Howard, Henry, Hoffman, Barrett and Orr. NO: None. ABSENT: Miller. (6-0-1) Motion Carried.




Open Public Hearing at 6:50 p.m.


Steve Hyde, 2063 Allen Road: Daughter wants to build a house on the property which is next door where sand was removed. Separate property from prior business. On that project, there is one week left of sand removal. We are about 90% complete.


Barrett: What are you going to do when the Lapeer project starts? What will your alternative route be?


Hyde: Will have to determine at that time.

Barrett: What are you requesting?


Hyde: Similar to but not that big of a project. We will be using the same driveway to remove soil. House will be set off of culvert.


Barrett: Did the township board make you put a Reclamation Bond on the first project?


Hyde: No.


Barrett: When is the other project going to be done?


Hyde: In May.


Discussion of Grade.


Barrett: What is your time frame on this one?


Hyde: It should be done in about 18 months.


Audience Member: How far from Sparling Road is that going to be?


Hyde: 500 feet set back from Sparling Road.


Discussion with complaint by neighbor.


Barrett: We may have gotten an update letter but it was never on the agenda.

An extension was not approved by the board.


Hyde: We should be finished by May once the ground dries.



Rose Hunger, 7300 Sparling Road: Audio played of disturbance. Frustrated with trucks hauling material starting at 6:30 a.m. Vibration from trucks rattle my house and things inside fall and break. There are many other problems that this company has created. Complaint this is a mining operation.


Mark Hunger, 7300 Sparling Road: Displayed photos of current project of Mr. Gates. Mr. Gates didn’t ask permission to use Mr. Hunger’s property to take more dirt through his neighboring property. The boundaries are supposed to be 50 feet from the property line and right now it is 30 feet. Complaining that Mr. Gates is taking advantage of him and his property.


Howard: How will this be finished? (Top soil: graded, seeded)



Barrett: I think that we need a 30 day cooling off period because of the neighborhood issues.


Barrett motioned to add to next month’s agenda the extension for 74-25-007- 1005-000 Vacant Sparling Road Special Exemption Use associated with Mining and Gravel Excavation supported by Tuttle.


Barrett, Tuttle, Howard, Henry, Hoffman and Orr.

NO: None. ABSENT: Miller. (6-0-1) Motion Carried.


Barrett motioned to temporarily give a 30 day extension until next month for the operation at 74-25-0071005-000 supported by Tuttle.


Barrett, Tuttle, Orr, Hoffman, Henry and Howard.

NO: None. ABSENT: Miller. (6-0-1) Motion Carried.


Barrett motioned to postpone action at 7296 Sparling Road Special Exception Use supported by Henry.


Barrett, Henry, Howard, Tuttle, Orr and Hoffman.

NO: None. ABSENT: Miller. (6-0-1) Motion Carried.


Close Public Hearing at 7:23 p.m.


    1. Draft MMA Ordinance

    Greg Stremer, Township Attorney: Updated board of the Port Huron Townships Ordinance and the Riley Townships Ordinance. Discussed additional cases in Appeal. The more restrictions you put on those foot standards, then you are going to get more arguments and you are more likely to get sued. You cannot have exclusionary zoning but you can do conditions.


    Barrett: Is that only in a case if we are going to allow it in a commercially zoned are, will those issues come to play?


    Stremer: Yes I think that is in line.


    Barrett: Because we can’t out zone that correct?


    Stremer: What we do know is that caregivers can be eliminated.


    Barrett: But you can’t tell me, if I choose to, that I can’t grow marijuana for myself if I have a card on my private property.


    Stremer: I think that is a good argument for your own personal use. But if you are a caregiver then it would be more restricted. 60 – 70% of sales is of caregiver’s back yard operations. You don’t have the ability to catch them.




    Barrett: Is the use of PRE to restrict transients a good use. PRE requires a house and Home Occupation with dwelling.


    Stremer: Yes. I think it is another tool for us to use.


    Barrett: Do we have to allow qualified Agriculture?


    Stremer: Yes I think you can. Regulating what is approved with the Medical Marijuana Act.


    Barrett: How do you prosecute smell?


    Stremer: We would have to have neighborhood complaints and they are going to have to cry to the judge.




    Howard: The Riley Ordinance was the best one that I studied. They also had a lot of items in there that will be difficult to enforce.


    Barrett: What do we do with the ones that are already here? Do we need to add language in a proposed ordinance saying that they are non-conforming and once you are done you’re done?


    Stremer: That’s it.


    Barrett: But they would argue that there was no ordinance on the books for them to be conforming.


    Stremer: They would have to continue what they are doing now. They wouldn’t be able to expand. Needs to be done formally. I will clean up the ordinance for you.


    Barrett: We need the old things removed.


    Stremer said to stay away from footage regarding church, schools etc.



    Liquor Control Footage and Zoning Ordinance.


    Barrett: Regarding Home Owners Association. Can you limit the number of permits? Can we say no to growing if one neighbor complains in that area if it doesn’t meet the HMO rules?


    Stremer: Yes. The homeowners can say no.


    Resident: Can we limit the size of out buildings? Can you require production to the rear yard only or a set back?


    Barrett: It goes back to the PRE issue. If we had the PRE standard, then he wouldn’t have been allowed to get a Home Occupation Permit because there isn’t a home on the parcel.




    Orr: I would like to thank Mr. Stremer for being here.


    Barrett: How do you start to create a list for those existing operations that need to be notified?


    Erickson: I have a list.


    1. Bill Orr, Watershed

      No report.


    2. Bill Orr, ZBA

      Housing request on Range Road.


  1. Erik Hoffman, Kimball Township Board of Trustees

    We are trying to set up a new budget. Tomorrow night we have a Special Meeting for the Budget at 6:30 p.m.



    Barret motioned to adjourn the meeting at 8:23 p.m. supported by Tuttle.

    Motion Carried.


    Meeting adjourned at 8:23 p.m.


    Submitted by Bill Orr, Chair



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