Minutes - Zoning Board of Appeals|

Kimball Township Zoning Board of Appeals

Kimball Township Municipal Office

2160 Wadhams Rd., Kimball Michigan

Special Meeting/Public Hearing

March 15, 2021

7:00 P.M.

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

Roll Call of Members:
Present: Strait, Belesky, Sturdevant, Taylor, and Orr. Absent: none.

Also Present:
Carwyn-Recording Secretary, Deputy Clerk.

  1. Approval of Agenda-Special Meeting/Public Hearing

    Sturdevant motioned to remove C. Class A Designation: McConnell to bring back next meeting. They may need a variance as well as the Class A Designation. Also, Public Hearing A. Gasiorowski also need to add a request for a 4:1 Ratio Variance.

    Sturdevant motioned to move the approval of minutes until after V. Audience Participation. Support by Belesky.

    Roll Call Vote: Yes: Sturdevant, Belesky, Strait, Taylor, and Orr. No: None. Absent: None. Motion Carried.

  1. New Business
    1. Public Hearing: VARIANCE: Gasiorowski: 4992 Griswold Road: 74-25-565-0001-000: Front Yard Setback and Side Yard Setback in C-1 Zoning

      Sturdevant opened the public hearing at 7:02 p.m.

      Resident described 117-foot minimum requirement into 100-foot lot. Not changing structures, or boundaries. Existing building need variances as the house is too close to the road on both sides. Side lot variance. Length/width would exceed 4:1 ratio. House exists on commercial lot, looking for a Class A designation. Move lot ling 17 feet. Intent to chop off back lots to two separate lots.

      Discussion of zoning with Commercial (C-1) and Residential (R-2) for proposed lots.

      Resident is requesting 28-foot variance off Griswold, and 50 foot off Allen. 512 x 100 and 512 x 67. Only need a 4:1 variance on commercial lot. Need a

      Garage discussion on lot line. Either remove or cut in half to meet zoning. Approval based upon survey

      Public Comment requesting status of Barber shop, and the rumor that the building has been condemned. Building is currently below grade. Intent to keep 100-foot frontage and give additional.

      Sturdevant moved to close the Public Hearing on 4992 Griswold Road at 7:34 p.m. Support by Belesky. Motion Carried.

      Sturdevant moved that contingent upon any variance upon the site, the garage that is on the 167 x 512 foot lot, will have to be moved or altered to fit current zoning ordinance with 10 feet off proposed lot line. Supported by Belesky.

      Roll Call Vote: Yes: Sturdevant, Belesky, Orr, Taylor, and Strait. No: None. Absent: None. Motion Carried.

      Sturdevant motioned for a variance for the 50 foot off Allen Road set back. Supported by Belesky.

      Roll Call Vote: Yes: Sturdevant, Belesky, Strait, Taylor, and Orr. No: None. Absent: None. Motion Carried.

      Belesky motioned for a 28-foot set back variance for Griswold Road side. Supported by Strait.

      Roll Call Vote: Yes: Belesky, Strait, Taylor, Sturdevant, and Orr. No: None. Absent: None. Motion Carried.

      Belesky motioned for a variance on the 4:1 ratio on 100 x 512 foot lot with existing building (currently 5:1). Support by Sturdevant.

      Roll Call Vote: Yes: Belesky, Sturdevant, Strait, Taylor, and Strait. No: Orr. Absent: None. Motion Carried.

      Strait motioned for a Class A designation for existing house in a C-2 zoning.

      Orr wants noted in the minutes that if the house burns down, it can only be rebuilt to the existing footprint of the existing house.

      Support by Sturdevant.

      Roll Call Vote: Yes:, Strait, Sturdevant, Orr, Taylor and Belesky. No: None. Absent: None. Motion Carried.

    2. Public Hearing: VARIANCE: MIGardener LLC: 25 Range Road: 74-25-036-3004-000 : Continuance of a Greenhouse Nursery in C1 Zoning

    Sturdevant opened the public hearing at 7:15 p.m.

    BMJ Engineer Phil Porte: Submitted Preliminary site plan for the garden facility to Planning Commission in February, allowable use factor of parcel. Recommended come to ZBA for Class A non-conforming use (Article 5, Section 20.501). An opinion from the Township Attorney that it is a consistent use of previous use felt it would be allowed.

    Proposed garden facility on 13.02 acres property. Developing 12.34 acres of site, including a 20,000 sq foot greenhouse, 16,0000 sq foot patio/sales area. 6,000 sq foot warehouse and storage unit, and eighteen (18) 1,000 sq foot portable greenhouses.

    Discussion of Variance/Class A Designation: Continuance of a business that was previously established, but hasn’t been operational for 10-20 years. Original sign of the flower shop is still standing. Permitted use in C-2, which Planning thought the lot should be rezoned. C-1 Permitted uses includes “retail sales for baked goods, bicycles…flowers… and similar establishments.” Greenhouse is specifically designated for C-2, which opens up additional allowed establishments.

    Spot zoning in the area with Rural Estates (St. Clair Township), C-1 and residential. C-2 would open up to other types of businesses up against residential, which is not ideal, even if allowed. Class A designation would allow for reestablish existing business which was there, as well as improvements. Variance would allow more structures than what was originally there.

    Public questions: Resident asked question about completion time frame.

    Luke Marion, owner: Dependent on approval on site plan. Quotes for greenhouse and warehouse facility, concrete and pavement bids accepted. Hopeful to break ground by May 2021, fully operational Spring 2022. Portions of the plan will roll out though summer, including Farmer’s Market. Open air retail mid to late summer.

    Resident asked about clearing of property.

    Marion: No additional clearing is planned, and the next stage is beautification, with cleaning up the eyesores and trash. Back corner (near resident) will be dedicated to trial garden open to community to reclaim the land. South line will have established tree line and wind break, as well as a visual screening.

    Resident asked about people being in the back gardens and commercial activity on the south end of the property, as opposed to having it closer to the north end.

    Marion: Only public traffic in back would be a few per day. Objective is to beautify the land. Smaller greenhouses will be staff managing for plant growing, storage and grown.

    Resident on “Isabella Drive” asked question regarding the service drive

    Marion: This property came with the purchase with the house, and originally thought they would use as an access drive. However, the Road Commission had issues with tying in truck traffic with semi- and box trucks coming off Gratiot. They have since made adjustments, with no plans for development of that portion.

    Phase I review with Blue Water Abatement to review Wetlands registrations, and there are none on file.

    Discussion regarding Isabella Drive versus Gratiot Road.

    Sturdevant moved to close the Public Hearing on 25 Range Road at 7:51 p.m. Support by Belesky. Motion Carried.

    Discussion regarding Class A designation based on attorney’s opinion. Rebuild with exact footprint, but unable to determine. Variance allows improvements and expanding from where it was to the intended site plan, contingent upon approval of the Planning Commission.

    Belesky motioned to approve a Class A designation with the improvements, subject to the Planning Commission’s approval of the site plan. Second by Sturdevant.

    Roll Call Vote: Yes: Belesky, Sturdevant, Orr, Taylor, and Strait. No: None. Absent: None. Motion Carried.

  2. Audience Participation

Class A Designation: McConnell: 1301 Woodrow Avenue: 74-25-520-0041-000

Brian Reed: Discussion regarding stick building versus modular, and current platting for trailers. Allegations of drug use and illegal dumping of tires. Current residents have warrants out or are in jail. They either “don’t know” or “might know” who is dumping the tires, and would have to prove the tires were not dumped by a “relation” of the owner.

Reed indicated that Neil Erickson told him they could only put in a 960 square foot modular. There has been no maintenance of the road, as Reed has quit working on keeping it up. No hydrant and fire trucks will not be able to access the building with the deteriorated road condition. Abandoned road and unable to access road with the abandoned tires (approximately 30 tires). County owns right of way, puts burden back on the township.

  1. Approval of the Minutes-Special Meeting/Public Hearing February 9, 2021

    Orr moved to receive and file minutes as presented. Support by Belesky. Motion Carried.

  2. Old Business


  1. Officers Reports


  1. Adjournment

    Sturdevant motioned to adjourn, second by Strait. Motion Carried.

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