Leland Township’s Zoning Board of Appeals has affirmed the Planning Commission’s decision to deny a permit for a mixed-use development in the unincorporated village of Leland.
The ZBA held a public hearing Monday afternoon to consider the appeal of the planner’s December decision to deny a special use permit for an 11,590 squarefoot commercial and residential structure proposed for property at William and Main on the north end of the village.
Over the past several months, the planners reviewed plans submitted by William and Main LLC (Joel Peterson) ultimately finding that the structure is not in keeping with the “character” of the unincorporated village.
This echoed the message of more than 100 people who attended a September public hearing on development plans and stacks and stacks of opposition letters sent by the public.
More than 270 letters were submitted to the planners opposing the proposed development.
The Planning Commission finalized its “finding of fact,” a step-by-step review of the proposal compiled by the zoning administrator. It includes quantitative requirements such as lot coverage, setbacks, and landscaping.
However, the ordinance includes other demands that are more subjective — such as whether the proposal is in keeping with the “character” of the commu- nity.
Planners struggled to specify just what “character” means. However, Planning Commission chair Ross Satterwhite prepared a statement considered by the group in December.
“The Planning Commission finds that the project is not harmonious with the character of the adjoining properties and not harmonious with the size of the buildings on adjoining properties,” Satterwhite read from a prepared document, specifying how it isn’t in keeping with the community. “The overall physical size of the property (11,590 square-feet and three stories high) would be much larger in area than adjoining properties. This would make it stand out visually and look out of place.”
He provided examples of adjoining properties which are two stories or less and no larger than 3,500 square feet.
The flat roof design is “out of character” with roofs of adjoining properties, which are gabled.
The finding of fact also found that the structure would cover a much greater percentage of its lot area than adjoining properties.
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, township officials said.
William and Main LLC now has the option of appealing the zoning decision in 13th Circuit Court.
