Minutes - Zoning Board of Appeals|


Kimball Township Zoning Board of Appeals

Kimball Township Municipal Office

2160 Wadhams Rd., Kimball Michigan

Regular Meeting/Public Hearing

February 8, 2022

7:00 P.M.

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


Roll Call of Members:
Orr, Sturdevant, Crowe and Belesky.


Absent: Strait.


Sturdevant motioned to have Belesky chair the meeting tonight supported by Orr.

Motion Carried.


Also Present:
Becky Wrubel, Clerk


  1. Approval of Agenda

    Belesky would like to move II. Approval of Minutes to III. and move New Business up to II. I would like to have them in this order moving forward.


    Belesky motioned to approve support the agenda as amended supported by Sturdevant. Motion Carried.


  1. New Business

    Opened the public meeting at 7:01 p.m.


  1. PUBLIC HEARING: Variance: Vacant Range Road: 74-25-475-0001-000 Square Foot Variance


Scott Beeden, Realtor of Record for development for the Pozio Family that has property on Range Road. They would like to change the frontage from 80 X 100 feet to 100 X 100 feet of the five lots they have.


Sturdevant: At our December meeting, we thought that this would be the last lot to be developed on Range Road. We allowed the variance at that time without any consideration for the future that we were aware of.


I sat on the Planning Commission from 2000 to around 2012, and I remember this development along with several other ones that we did not renew the Site Plans because there was no action being taken at that time. We got the approval around 2007, and in 2009 I think, we decided that at the planning level we were no longer going to renew Site Plans because no progress had been made. Our intention at the Planning Commission at that time was that prior to any development happening on any of the developments that they would have to update their Site Plans and bring it back to Planning Commission to get it reapproved. I don’t think that happened. I think it should go back to the Planning Commission. My understanding is that you want to develop five more homes.


Beeden: We would like to take the two-forty foot frontage lots and combine them into one eighty foot frontage and tie into that corridor. We are not getting involved with the back developer. It fits the original plans in line with future opportunities.


Orr: I think that you are going to have to bring back a new Site Plan.


Paul Pozios, 1975 St. Clair: We had proposed a subdivision a few years back and we would like to continue forward with the plans.




Sturdevant motioned to close public hearing at 7:31 p.m. supported by Belesky. Motion Carried.


Belesky motioned to send this back to the Planning Commission to decide supported by Orr.


ROLL CALL VOTE: YES: Belesky, Orr, Sturdevant and Crowe. NO: None. ABSENT: Strait. (4-0-1) Motion Carried.


  1. PUBLIC HEARING: Variance: Vacant Allen Road: 74-25-490-0028-000 /74-25-490-0035-000 Square Foot Variance


Open public hearing at 7:12 p.m.


Beeden: This is a different developer that I am representing. We have acquired two parcels on Allen Road and we are looking to go back to the original lots on record that were 75 feet X 300 feet. It would need a five-foot variance.


Sturdevant: You are proposing seven lots with an 80-foot frontage but you can only fit five.


Beeden: Correct.


So there would be a five-foot variance on each lot. And you would need seven, five-foot variances.


Orr: What is this going to do for the setbacks on the sides of each house?


Beeden: It would be ten feet with a 55-foot wide house.

Belesky: I think this also needs to be sent back to the Planning Commission for review and let them decide.


Sturdevant motioned to deny the variance for Allen Road supported by Orr.


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

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


  1. Class A Designation: Fischer (7205 Lapeer Road/2915 Coleman Road) 74-25-006-1004-000


Brian Fischer 2915 Coleman Road. I have been in business since 1986. Mr. Fischer explained all the businesses that he has been involved with. He had talked to Neil Erickson and did not know that he was operating illegally. It was not intentional and he apologized. Mr. Fischer would like to get an exemption to continue his operations.


Neil has reviewed facility, and the fire department has reviewed and met inspection. Furnace was checked. It was done by general contractors and professionals. He brings in contractors specific to project.


Orr: J & J Trailer were former tenants right?


Fischer: They were.


Belesky: Clarification between recommended Class B versus Class A.


Sturdevant: Class A and Class B are considered non-conforming use.

My recommendation would be to allow him to have a Class A and have him go back to the Planning Commission to get a Special Exemption Use to use that as a commercial business.


Fischer: I don’t have a sign.


Sturdevant: It needs to be looked into to make sure that it isn’t going to be a problem with neighbors.


Sturdevant motioned to move to give a Class A designation for 7201 Lapeer/2915 Coleman Road contingent upon approval of a Special Exemption Use by the Planning Commission and to make sure that all blight has been cleaned up supported by Orr.


YES: Sturdevant, Orr, Crowe and Belesky. NO: None. ABSENT: Strait. (4-0-1) Motion Carried.


  1. Approval of the Minutes-Regular Meeting December 14, 2021

    Sturdevant would like to make a motion to send a Letter of Commendation to Mr. Taylor for his years of service on the Zoning Board supported by Belesky.


    Sturdevant motioned to approve the minutes of December 14, 2021 supported by Orr. Motion Carried.


  1. Appointment of Officers

    Sturdevant motioned to appoint Belesky as the chair for the Zoning Board of Appeals Meetings supported by Orr.


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

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


    Belesky motioned to nominate Sturdevant as Recording Secretary for the Zoning Board of Appeals meetings supported by Crowe.


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

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


  2. Old Business



  3. Audience Participation



  1. Officers Reports

    Sturdevant: At the Township Board Meeting, we discussed the Covid Relief Fund of $900,000.00 and the best way to spend it. Also we addressed the sewer issues.


    Orr: We had a meeting with the gentleman from Maximus Storage at the corner of Ravenswood and Wadhams Roads. He will comply with the township requests.


    Belesky: What about the concrete plant?


    Orr: They have agreed to all of the township requests also. There is a new funeral home being built at Range and Ravenswood Roads.

  2. Adjournment

    Sturdevant motioned to adjourn the meeting at 7:43 p.m. supported by Crowe. Motion Carried.


    Meeting adjourned at 7:43 p.m.


    Submitted by Linda Belesky, Chair.

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