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Overruled: Judge rules against county’s interpretation of its own zoning ordinance provision

EAGLE RIVER – Rental properties in Keweenaw County can continue to hold parties and events, according to a Circuit Court judge’s ruling last week.

Judge Charles Goodman overruled an interpretation by the county’s zoning administrator that a provision of the ordinance prohibited such activities.

In July 2015, the Keweenaw County Zoning Board of Appeals heard the appeal of Edward Cole, who has three properties, which he rents out for parties and other gatherings. Ann Gasperich, county zoning administrator, interpreted the county ordinance regarding tourist homes, which states: “No receptions, parties or activities for which a fee is paid shall be permitted except for those which involve only registered guests.”

One ZBA member recused himself from the July 15 proceedings. The vote regarding Gasperich’s interpretation of the ordinance was two to two, which meant her interpretation stood.

However, Cole’s attorney Michelle Halley said in a Friday interview Cole took the case further.

“We took that appeal to circuit court,” she said.

Goodman ruled the particular section of the ordinance Gasperich cited did not apply to the Cole property.

“That’s an argument we’ve been making for a year,” she said.

After the ZBA hearing, Halley said Cole continued operating his properties.

“My advice to them was to keep doing what they’re doing, because it was legal,” she said.

After hearing Goodman’s ruling, Halley said the Keweenaw County ZBA asked the planning commission to review the ordinance regarding tourist homes, and there might be changes.

“That won’t apply to tourist homes that already exist,” she said.

In an email to the Gazette, Edward Cole said he was pleased with Goodman’s ruling.

“Judge Goodman’s decision was both prudent and pragmatic as all along, we believed the zoning administrator exceeded her power through an inaccurate and incomplete interpretation of the ordinance,” he wrote. “His decision put the issue back squarely to the Zoning Board of Appeals, where as it should have been done the first time through a finding of fact, they determined the current ordinance did not and does not apply to our rental properties. Further, it requires the Planning Commission going forward to define the use of rental and tourist homes so those who decide to rent their homes in the future are clear about what they are allowed to do. In our case, I am thrilled that we will be able to continue to rent and operate our historical properties exactly as we have been doing for years ensuring their use and continued preservation.”

On Sunday, Gasperich said she interpreted Goodman’s ruling differently. She didn’t have time to discuss it Sunday, but said she would talk about it Tuesday.

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