EAGLE RIVER – The Keweenaw County Zoning Board of Appeals,(ZBA) has scheduled a public hearing for 1 p.m., Sept. 4, at the Keweenaw County Courthouse. The announcement, posted on the Keweenaw County website, says the board will review and take public comments on a variance request originally submitted on Dec. 4, 2023, by the owner of Fitzgerald’s Restaurant.

The hearing seeks public input on a Right of Way (ROW) setback on Front Street, in Eagle River. The announcement says the public hearing is a continuation of the appeal that was remanded back to the Zoning Board of Appeals per order of the 12th Circuit Court Judge Brittany Bulleit on July 9.

On Jan. 13, 2024, the Daily Mining Gazette reported the issue stems from June 2022 when Mike LaMotte, owner of Fitzgerald’s hotel and restaurant began construction of an addition to the building, located on Front Street. The construction project included an enclosure for the business’ smoker and installation of a walk-in cooler. It was plumbed to house a 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.

The Keweenaw County building inspector visited the site July 12 to inspect the footings. No issues were raised during the project inspection, according to a statement from LaMotte. The inspection was focused on the foundation of the project. During the 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.

Then in August 2022, the DMG article says, the Keweenaw County Road Commission issued a stop-work order at a point where the structure was approximately 85 to 90% complete. The reason for the order was that the new structure is encroaching on the ROW of Front Street. According to a written statement from LaMotte, he had obtained the necessary building, zoning, electrical, mechanical and plumbing permits from Keweenaw County to ensure the addition proceeded properly.

On Sept. 18, 2023, LaMotte delivered the petition to abandon the right of way to the road commission. In December of 2023, the business reached a solution with the Road Commission, which consisted of the conditional abandonment of a portion of the Front Street. Among the conditions, approval is needed from Houghton Township and Keweenaw County Zoning Department. Once those conditions were satisfied the road commission will execute the abandonment proceedings. While Houghton Township disclaimed interest and took no action, the zoning board of appeals denied the request. In response, on June 18, 2024, LaMotte stated the he filed an appeal with the Circuit Court for judicial relief, on June 3.

In an Aug. 25, 2025 social media statement, LaMotte said the business reported oral arguments were held in May of this year and the Court issued an opinion and order on July 9 remanding the matter back to the ZBA.

According to the statement, the Court held the board’s decision did not provide “the necessary information to decide whether the statutory standards have been met by the ZBA” and that the record “is inadequate to make the review required,” LaMotte said. “More specifically, the court indicated that there were no findings laid out beyond a failure to meet the setback requirement from the road, which is in and of itself the reason for the request for a variance in the first place. The Court specifically said “it appears no specific rationale or reason for denial was given by the ZBA.”

The ZBA public hearing notice provides the following:

“The public may appear at the hearing in person, or by counsel, to be heard and submit evidence with respect to the application. Public comments received before 4:00 August 29, 2025, will be included in the Zoning Administrator Staff Report. Public comments received from Aug. 30 to noon on Sept. 4, 2025, will be included in the ZBA packets prior to the meeting.”