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Fitzgerald's Restaurant, in Eagle River, the Keweenaw County Zoning Commission and the Keweenaw County Road Commission (KCRC) are at an impasse. In June of last year the restaurant began construction of an addition to their building, located on Front Street. Since then the KCRC issued the restaurant a stop-work order in August, at a point where the structure was approximately 85-90% complete. The apparent reason for the order is a claim that the new structure is encroaching on the right-of-way of Front Street.
According to a written statement from Fitzgerald's owner, Mike LaMotte, he obtained the necessary building, zoning, electrical, mechanical, and plumbing permits from Keweenaw County to ensure the addition proceeded properly.
The construction project included an enclosure for the business' smoker, and installation of a new walk-in cooler, four times the size of the current unit, in order to increase the kitchen's efficiency. It was plumbed to house a brand-new, high-efficiency, instant boiler and hot water-system. It was to also provide a takeout window in the summer and be able to host 5-6-person barbecue classes during the winter.
LaMotte's statement includes that the project progressed with no issues from the county. The mechanical and plumbing permits were issued on July 12, 2022.
Also, on July12, 2022, the Keweenaw County Building Inspector, Eric Bjorn, visited the site to inspect the footings. No issues were raised by Mr. Bjorn during his inspection of the project. The inspection was focused on the foundation of the project. During Bjorn's inspection, the footprint of the project was visible and tangible, but no issues or concerns were raised in relation to any potential encroachment into the Front Street right-of-way.
On July 22, 2022, LaMotte was approached by a now retired senior Keweenaw County Road Commission official, according to the statement, who, for the first time, after months of construction on the enclosure and approved inspections, informed LaMotte that the Keweenaw County Road Commission was concerned that we had encroached on the right of way for Front Street.
According to the Fitzgerald's statement, the concern came as a surprise, because LaMotte said he had inquired into any potential right-of-way issues or concerns when he applied for the zoning permit, and had received a reassurance, in writing, that there was plenty of room from the road.
Since the stop work order was issued, in Aug. 2022, the statement says, Fitzgerald's has been in contact with the County Attorney, and the KCRC's board since September 26, 2022, to try and work out a mutually agreeable solution.
However, all of the business' proposals have been rejected in a cursory manner, the statement alleges, and the KCRC has not presented a possible solution or area of compromise for consideration.
The KCRC Board is scheduled to meet on May 9 at 2 p.m., at which the issue is said to be on the agenda and open for public comment.
While minutes for previous meetings are posted on the KCRC website, an agenda for the upcoming meeting was not posted.
The Keweenaw County Road Commission stated that on the advice of the county attorney, the agency is declining any comment on the issue.