Despite being a beloved dining destination nestled onto the Eagle River shoreline, Fitzgerald’s, commonly called ‘the Fitz,’ finds itself facing financial hardship in an ongoing conflict with the Keweenaw County Road Commission.

Over a year ago, the Fitz obtained all necessary permits in order to build an enclosure around their existing meat smoker that would cover the smoker, its firewood, and a new walk-in refrigerator. The project broke ground in June 2022 and had almost reached completion when the Fitz was issued a stop work order by the Keweenaw County Road Commission. They said the enclosure was too close to the road, citing plowing concerns. The required setback is 10 feet from the right-of-way.

The Fitz now faces the threat of a forced tear-down, paid for out-of-pocket, for a project that was already costing them at least $30,000, according to their building permit application.

In a Facebook post on Wednesday, the Fitz laid out the timeline of the issues they have been dealing with, raised the alarm on a supposed private session held by the KCRC on April 11, and even briefly alludes in the comment section that small-town politics may have played a part in the issue. 

Mike LaMotte, executive vice president of operations and human logistics of the Fitzgerald’s, notes frustration that the issue of the road setback was looked over by each inspector that had visited the property throughout the year before the restaurant commenced building the addition.

Inspector Eric Bjorn, mentioned in the post, said he is a building inspector, not a zoning inspector, who inspects buildings based strictly on Michigan State building laws, which does not address road setbacks.

The Road Commissioners Vice Chairman John Karvonen referred questions to Zoning Administrator Sara Heikkela, saying that she issued the permit incorrectly. Karvonen also said the engineer who drew up the plans didn’t do a site survey.

“He did everything incorrect. That [Facebook] post is very misleading. You have to know the facts,” he said.

Heikkela states that the permit proposals she approved were indeed up to code, but that the actual building of the enclosure veered from the plans that were submitted, which the Keweenaw County Road Commission then noticed and addressed.

LaMotte says the unique location of the restaurant between Front Street and the shoreline allows them no other space to build the enclosure. He said that tearing down their meat smoker, which has been in the same spot operating as a cornerstone of their business for over a decade, would jeopardize the future of the restaurant.

Fitz-lovers from all over the Keweenaw and beyond are urging the Keweenaw County Road Commission to make a compromise.

Two out of the three Keweenaw County Road Commission members declined to answer questions regarding the issue but state that their attorneys will be answering questions at their next public meeting, held on Tuesday, May 9, 2023 at 2 p.m. at the Keweenaw County Road Commission in Mohawk. All are welcome to attend.

Editor’s note: This story originally named the location of the KCRC meeting as the Keweenaw County Courthouse in Eagle River.

If you’re interested in republishing this story, please email us at editor@copperbeacon.org.

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