March 14, 2023 Zoning Board of Appeals Minutes

Kimball Township Zoning Board of Appeals

Kimball Township Municipal Office

2160 Wadhams Rd., Kimball Michigan

Public Hearing/Regular Meeting

March 14, 2023

6:30 P.M.

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

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

Absent: Orr.

Also Present:
Supervisor Rob Usakowski and Clerk Becky Wrubel.

1. Approval of Agenda
   

   Nelson motioned to approve the agenda as presented supported by Strait.
   

   Motion Carried.
   

    

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

   Strait motioned to approve the minutes from December 13, 2022 as presented and supported by Crowe. Motion Carried.
   

    

3. New Business
   

   Belesky opened the public hearing at 6:32 p.m.
   

   1. PUBLIC HEARING: Variance/4:1 Ratio Lot Split (Allen Road) 74-25-001-1001-010
      

   Ashley Akl, 6161 S. Branch Lane, Kimball: I am requesting a variance on the 1:4 ratio for the splits and it ends up being a 1:5 for the resulting parcels. Part of it will be for commercial use and the rest will be maximized for residential use.
   

    

   Belesky: What is the hardship?
   

    

   Akl: If we were to keep the same number of splits, we would actually lose part of the property. That would create a hardship. We would actually lose acreage behind it because we no longer have access.
   

    

   Belesky: You could have fewer splits and make the lots larger is that correct?
   

    

   Akl: Correct.
   

    

   Discussion about hardship.
   

    

   Belesky: We have the ordinance for a reason. This would create more non-conforming lots within our township.
   

    

   Usakowski: Hardship due to sewer location and depth. When the county put in the round-about, they buried the sewer lines because it was a cheaper way than moving them. This creates a hardship on the developer.
   

    

   Akl: It would cost to connect to the sewer which is $800,000.00.
   

    

   Discussion.
   

    

   Belesky asked if we received any feedback on this.
   

    

   Carwyn: No, there wasn’t any feedback from the public.
   

1. Class A Designation (4529 Lapeer Road) 74-25-745-0003-000
   

Mary Kay Fornier is not present at this time. Carwyn explained that the owner is working with a realtor and was advised she needed a Class A Designation so the purchaser can get the mortgage. The current owner has to apply for the designation.

(Representative arrived at conclusion of meeting.)

Strait motioned to approve the Class A Designation for 4529 Lapeer Road supported by Nelson.

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

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

Belesky closed the Public Hearing at 6:45 p.m.

Discussion.

Belesky motioned to deny the variance because there is no hardship of the land supported by Crowe.

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

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

Meeting start time needs to be changed to 6:30 p.m. on the website.

1. Old Business
   

   None.
   

    

2. Audience Participation
   

   None.
   

    

3. Officers Reports
   

   Nelson: We had a Master Plan Meeting on Saturday. Metro Planning was taking notes and was paying attention of what everyone was saying.
   

   Discussion.
   

   Belesky asked if there will be another Master Plan Meeting.
   

    

   Usakowski: No, not until after they do a survey.
   

    

4. Adjournment
   

   Strait motioned to adjourn the meeting at 6:53 p.m. supported by Crowe.
   

   Motion Carried.
   

    

   Meeting adjourned at 6:53 p.m.
   

    

   Submitted by Linda Belesky, Chair