Kimball Township Zoning Board of Appeals
Kimball Township Municipal Office
2160 Wadhams Rd., Kimball Michigan
Public Hearing/Regular Meeting
July 11, 2023
Meeting was opened at 6:30 p.m. with the Pledge of Allegiance.
Crowe motioned to elect Strait to chair the meeting tonight supported by Nelson.
Roll Call of Members:
Strait, Orr, Crowe and Nelson.
Erickson, Zoning, Wrubel, Clerk and Usakowski, Supervisor.
Approval of Agenda
Nelson motioned to approve the agenda as presented supported by Crowe.
Approval of the Minutes-Regular Meeting June 13, 2023
Orr motioned to approve the minutes of June 13, 2023 as presented supported by Crowe. Motion Carried.
Public Hearing opened at 6:35 p.m.
PUBLIC HEARING: Variance 74-25-002-3006-610— Wadhams Road/Horseshoe Drive—WOLGAST. The applicant is requesting a variance for minimum parking spaces in a C-2 zone.
Brian Statler from Wolgast. Requesting a Variance for number of parking spaces for proposed Dollar Tree on Wadhams/Horseshoe Drive. We are requesting required 49 spaces be reduced to 37 spaces because of standard corporate design.
Increase in asphalt creates problems with storm water systems, including flooding. Additional water from runoff over burdens the storm system.
Erickson: The busiest times that I have seen for any Dollar Tree and Dollar General is after work and on Saturday’s mid-morning. We do require 49 spaces here in Kimball Township. They are tapping into the County Storm Drain which gives a 5% out-flow from the detention pond.
Nelson: National average is similar to what Kimball Township has for parking.
Discussion regarding storm system.
Erickson mentioned that the Planning Commission had an issue about the ingress/egress onto Horseshoe Drive.
Discussion about parking spaces here and Marysville location.
Discussion about storm water systems.
Wolgast: Midland has a policy that offer a 25% deferment for parking spaces.
Orr: Would you have the space there to do that?
Wolgast: Yes, we have plenty of property there to do that. We would hash out the parking lot during the Site Plan Approval.
Orr: Is your parking lot going to be the same elevation as the road?
Wolgast: The approach will be 872.8 elevation and the road is 871.8. Our building elevation is 71 so we are about 10 inches below the road with the building.
Public Hearing for Wadhams Road/Horseshoe Drive closed at 7:05 p.m.
Orr: I see no problem with the variance.
Orr motioned to accept the variance of 12 parking spots and if they have an influx of traffic add 12 more parking spots in an agreement supported by Nelson.
ROLL CALL VOTE: YES: Orr, Nelson, Crowe and Strait. NO: None.
ABSENT: Belesky. (4-0-1) Motion Carried.
PUBLIC HEARING: Variance 74-25-021-2017-000—1342 Pine River Road —BOOK. The applicant is requesting a variance for side yard setback in AG zoning.
Cecilia and Benjamin Book, 1342 N. Pine River Road: We applied for a garage permit and were approved, but we are zoned agricultural with agricultural setbacks. We are asking to be R-1 setbacks because we are only on an acre of property and according to this code it says that we need 10 acres. There are nine homes in my neighborhood and eight of them have R-1 setbacks. We would appreciate it if you would allow us to have an R-1 setback.
Nelson: House already has setbacks.
Orr: I don’t see a hardship.
Strait: He is requesting a variance of 15 feet.
Public Hearing for 1342 Pine River Road closed at 7:10 p.m.
Crowe motioned to give a 10 foot variance for 1342 Pine River Road supported by Nelson.
ROLL CALL VOTE: YES: Crowe, Nelson and Strait. NO: Orr.
ABSENT: Belesky. (3-1-1) Motion Carried.
Request for Interpretation: Family Day Care Home
Usakowski explained that the Zoning Board of Appeals is responsible for interpretations on questions of the Zoning Ordinance regarding Family Day Care operations in Agricultural. The ordinance reads that it is a permitted use in agricultural as Family Daycare Homes. The question is do they also need a Home Occupation Permit? The way that we have looked at this in the past is that they would not need that. In R-1 we are not allowed to require any conditions on a family daycare per Michigan law.
Nelson motioned to keep the interpretation the way it is and not to require a Special Occupation for the daycare supported by Crowe.
ROLL CALL VOTE: YES: Nelson, Crowe, Strait and Orr. NO: None.
ABSENT: Belesky. (4-0-1) Motion Carried.
Update to Master Plan
Carwyn mentioned that the Master Plan survey will be going out next week. I highly encourage everyone to participate in that.
Orr, Planning Commission: Reviewed the daycare issues and the Grace Assisted Living setback.
Nelson, Board of Trustees: We approved the hiring of the new Assistant Assessor, approved to get the air-conditioning fixed in the office, and hired a new applicant for the Fire Department.
Nelson motioned to adjourn the meeting at 7:23 p.m. supported by Crowe. Motion Carried.
Meeting adjourned at 7:23 p.m.
Submitted by Charles Strait, Chair.
NOTE: No ZBA Meeting August 8, 2023 – Port Huron School District Election.
Special Meeting may be called as needed.