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Traveler who rebuilt second cabin seeks relief after circuit‑court ruling on 'resort' definition
Summary
A resident and frequent visitor told the zoning committee he lost rental rights after a circuit‑court judgment and asked the county to grandfather his property so he can rent two small cabins on one acre.
At the Sawyer County zoning committee meeting on Aug. 15, resident Dave Tocek said a circuit‑court decision has prevented him from renting two small cabins on a one‑acre family property and asked the committee to consider grandfathering or other relief.
Tocek said the two dwelling units on his property together total about 750 square feet (one about 300 square feet, the other about 450) and that he had permitted and rented the first cabin in 2019. He said he rebuilt a second cabin during the COVID period and rented it until 2021. He described taking a "six‑figure loan" to build the second cabin and said that a change in the county's interpretation of the local resort definition later left him unable to continue renting both units.
"Why can't I be left alone? Why can't I do business the way that I used to?" Tocek asked the committee. He told members the property had been in his family for about 50 years.
Zoning staff and legal counsel responded during public comment that a circuit‑court judgment currently constrains the county's ability to authorize rental of two dwelling units on one lot as anything other than a resort under county interpretations and that circuit court is the next step for Tocek if he seeks to overturn that judgment. Staff offered to meet with Tocek and with county officials to review options and records.
Tocek said he had discussed the matter with the previous county administrator and county counsel and that the chair and staff had suggested further meetings to examine his specific case. No committee action was taken at the meeting; staff recommended Tocek consult circuit court procedures and follow up with county staff if he wished to present additional evidence for consideration.
The transcript records Tocek's testimony, staff comments that refer to a binding circuit‑court order and a staff offer to meet with him about next steps. The meeting record does not indicate that committee members committed to changing county policy or ordinance text during the session.
