The lawsuit filed by a developer denied a permit to build a Planned Unit Development in Leland appears to have come to an end — favoring Leland Township.
Judge Kevin Elsenheimer issued his ruling Monday in Williams and Main LLC v. Leland Township.
Developer Joel Peterson proposed to construct an 11,590 square foot commercial and residential structure on commercial property located across from the Coldwell Banker Real Estate Building in Leland. The Planned Unit Development required public hearing and there was plenty of input — nearly all negative.
More than 150 people attended a September 2023 Planning Commission hearing and about 100 when the hearing carried over into October.
“It’s a great day for Leland,” said Keith Ashley, who spearheaded the effort to bring down the project. Peterson had planned the three-story structure with retail space at ground level and condos on top.
The township zoning ordinance requires a public hearing for a Planned Unit Development. If the proposal were strictly for retail in the commercial district, no public hearing would be required — only a site plan review by the commission.
The township Planning Commission and zoning administrator Tim Cypher spent many hours evaluating the proposal and issued a 26-page finding of fact compiled by the zoning administrator. The document is a stepby- step review of the requirements and whether these have been met.
Elsenheimer praised the thoroughness of the township’s examination and presentation.
It included quantitative requirements such as lot coverage, setbacks, and landscaping. However, the ordinance includes other demands that are more subject — such as whether the proposal is in keeping with the “character” of the community.
At the September 2023 meeting the planners were able to come to a consensus that as planned, the building does not fit the “character” of Leland and setbacks cannot be used to calculate open space.
There was nothing presented to change planners’ position on open space.
Williams and Main LLC appealed the township Planning Commission decision to the township Zoning Board of Appeals (ZBA). The ZBA upheld the planners’ decision.
The case was then appealed to 13th Circuit Court.
Peterson can appeal the decision but that may not be likely.
The two lots, the site of his controversial proposal, are now on the market.
One, located at 211 N. Main Street is listed for sale for $359,000. The second lot, located at 215 N. Main Street is listed for $379,000. It is 5,227 square feet in size.
