Photo from The Fitz Facebook page This photo shows the proximity of the foundation to the edge of Front Street.

KEWEENAW COUNTY – The Keweenaw County Zoning Board of Appeals (ZBA) has again denied Eagle Inns, better known as Fitzgerald’s Hotel and Restaurant, a variance request for a three-foot setback, an issue that dates back approximately four years. Eagle Inns is owned by the LaMotte family and operated by Mike LaMotte.

According to the official determination of the ZBA, the request was denied because the permit requests were for construction on property not owned by the LaMottes, but by the Keweenaw County Road Commission.

The variance request was submitted to the Keweenaw County Zoning Administration Department in 2022 for the construction of an attached smoker enclosure at the business located on Front Street, in Eagle River.

Fitzgerald’s sought relief from the required front yard setbacks applicable to Front Street in order to allow for the construction of an attached, enclosed smoker enclosure facing Front Street. The building enclosed a 7,000 pound smoker on a cement pad that had been there for more than 12 years, according to Matt LaMotte, who manages the restaurant and hotel.

Keweenaw County Zoning Administrator Susan Hocking said the ZBA denied the request because it does not have authority to grant a permit request by someone who does not own or legally control the property on which the permit is requested.

On May 13, 2025, Fitzgeralds published a social media post stating, in part: “As many of you likely know, over one year ago, we began the process of constructing an enclosure for our smoker that has been operating in the same location for the past 12 years. We obtained building, zoning, electrical, mechanical and plumbing permits from Keweenaw County to ensure that we were doing everything the proper way.”

Hocking confirmed that the Zoning Administration Dept. did initially grant the request as well as the permits. “All those permits were granted by the zoning administrator at the same time,” she said. “The building contractor submitted the zoning request and she looked at it said it looked good to her, then issued the other permits.”

However, Hocking said, the permits were granted based on a property drawing submitted with the request, which showed the property belonging to the LaMotte family. In fact, the land is owned by the Road Commission.

“It wasn’t the LaMattes who submitted the permit request,” Hocking said, “it was the contractor who submitted the request. The request needed the owner’s signature, which LaMotte signed.”

The official determination stated the permit request extended the building footprint beyond LaMotte’s property line and into the Front Street right-of-way, while the additional site accessory structures, including the propane tank, dumpster and grease pit, encroach on the Pine Street right-of-way.

“The ZBA does not have jurisdiction over permit requests from people who do not own or control the property on which the permit is requested,” said Hocking, nor does it have jurisdiction over road right-of-way issues. This was also stated in the official determination, saying the requested variance is denied on the basis that the Board lacks the authority on to grant variance relief affecting property now owned or legally controlled by the applicant.