Summary
This document is a compilation of attorney correspondence submitted to the Leelanau Planning Commission concerning the proposed N Gill's Pier Preserve open space residential development (OSRD). The applicant, attorney Pete Miller, represents owners Brandon Kilcherman and Casey Wilcox of Kilcherman Investments, LLC, who seek to build 5 homesites on a 22.65-acre parcel (Parcel #45-008-106-005-00) on N. Onominese Trail, split between Agricultural and R1 zoning. The central legal dispute is whether Article 13 of the Township Zoning Ordinance permits "shifting" or allocating density across the two zoning portions of a single parcel. No Commission vote or final decision is recorded in this correspondence; it documents the back-and-forth legal argument preceding Commission action.
Public Comments
Robert W. Parker of Parker Harvey, PLC, submitted written letters (May 11, June 4, and June 11, 2026) on behalf of neighboring property owner Matthew Schoenfeldt, with letters noted as reviewed and approved by co-owners Tony and Michelle Flanagan, Mitch Tomlinson and Jeannie Yates, Chip and Sally Hector, Ann and John Gallagher, Sue Moriarty and Bill Allen, Martha Grogan and Ross Haller, and Tighe Belden. Parker argued the application improperly shifts density from the Agricultural portion (capped at a 0.15 multiplier, yielding 2 units) to the R1 portion, which he said the ordinance does not authorize, and urged denial of the application.
Pete Miller responded in writing (March 31, May 13, and June 11, 2026) on behalf of the applicants, disputing that any "shifting" occurs and arguing that Article 13.4.C and MCL 125.3506(1) allow additional density to be calculated on the "entire land area" of 22.65 acres, which yields 9 allowable units, while the applicants are requesting only 5. Miller cited Green Bridge Preserve as local precedent for a split-district OSRD project. Miller also argued Parker's initial May 11 letter was untimely since the public hearing closed April 14, 2026.
Infrastructure Projects
As conditions of the OSRD application, the applicants amended their proposal to rescind a prior request for above-ground utilities, agreeing instead that all utilities in the open space will be installed underground. They also withdrew a request to clear open space for lake views from Parcel 1. The private drive serving the development has been engineered to meet State and local standards, including the Leelanau Township Private Access Road Ordinance, with a maintenance program submitted for Commission review. Individual septic systems (conventional and ATS) have received Health Department approval.
Other Business
Correspondence noted that the division line between the R1 and Agricultural portions was later confirmed by the Zoning Administrator as approximately 10 acres R1 and 12.65 acres Agricultural (not an even 50/50 split as originally estimated), revising the density calculation to 7 R1 units and 2 Agricultural units (9 total allowable), which did not change the 5-unit request.
Action Items
The Commission is asked by the applicant to approve the application with specific findings of compliance under Section 13.4.D. No decision or vote is recorded in this correspondence. Given the ongoing dispute between neighboring owner Matthew Schoenfeldt (via attorney Robert Parker) and the applicants (via attorney Pete Miller) over interpretation of Article 13.4.C and the Michigan Zoning Enabling Act (MCL 125.3506), this remains a contested legal issue for Commission resolution.