HomeMy WebLinkAbout012-740-16-1102-APP-2022-001 Case 2022CV000046 Document 7 Filed 05-24-2022 Page 1 of 6
� FILED
l 05-24-2022
Clerk of Circuit Court
Sawyer County,WI
202ZCV000046
STATE OF WISCONSIN CIRCUIT COURT SAWYER COUNTY
DOUGLAS KtiRTZWEIL
11055W Arrow Road
Hayward,W'I 54843
Plain[iff, AMENDED COMPLAINT
vs.
SAWYER COUNTY ZONING BOARD
OF APPEALS
c!o AI Gerber,Chairperson Code No.30601
P.O.Box 36 Other Extraordinary Writ
Radisson,WI 54867
Defendant.
The above-named plaintiff,Douglas Kurtzweil,by their attorneys,Spears,Carlson&
Coleman,S.C.,by Linda I.Coleman,as and for their complaint against the above-named
defendant,alleges and shows to the Court as Yollows:
1. Plaintiff Douglas Kurtzweil is an adult resident of the State of W'isconsin residing at
11055 W Arrow Road in Hunter,Wisconsin,who owns property in the City of Hayward,
Sawyer County,Wisconsin.
2. Defendant,Sawyer County Zoning Board of Appeals(hereinafter referred to as"Board")
is a board of the County of Sawyer appointed pursuant to Wisconsin Statutes,with its
principal offices located at the office of the Zoning Administrator in the Sawyer Counry
Courthouse,Hayward,Wisconsin.
3. Plaintiffs property in Haywazd,Vb'isconsin is adjacent to the following parcel of real
estate also located in Sawyer County(hereinafter"Old Arrow Resort")"
Lot ZA,CSM#312,Volume 6 of Certified Survey Maps,Page 382,located in the
Northeast Quarter of the Northeast Quarter of Section 5ixteen(16),Township Forty(40)
I�orth,Range Seven(7)West,Town of Hunter,Sawyer County
1
Case 2022CV000046 Document 7 Filed 05-24-2022 Page 2 of 6
4. Prior to 1978, the Old Arrow Resort propeRy was part of a larger parcel that contained
multiple cabins used as a resort.
5. When the resoR closed down in 1978, the then-current owner divided the property into
multiple parcels, one of which was the Old Arrow Resort parcel.
6. The Old Arrow Resort parcel was left with two old cabins on a single lot.
7. Aher the creation of the Old Arrow Resort parcel, Sawyer County enacted zoning
ordinances which prohibit the creation of a single parcel with two habitable structures.
8. Because the Old Arrow Resort became a parcel prior to enactment of an ordinance
prohibiting more than one habitable structure on a lot, the two structures are legal
nonconforming structures.
9. From the creation of the Old Arrow Resort lot through 2017, the two structures on the lot
were used sparingly and, upon information and belief, were not used at all from
approximately 2010 through 2016.
10. In 2017, Old Arrow Resort, LLC was incorporated and rehabilitation on the disused cabin
to the east on the Old Arrow Resort property began.
11. In October of 2019, the VbDHFS issued a license for short-term rentals of the east cabin
on the Old Arrow Resort property.
12. Beginning in 2020, rehabilitation on the disused cabin to the west on the Old Arrow
Resort property began.
13. Upon information and belief, the cabin to the west on the Old Arrow Resort property also
obtained a license through WDHFS to be used for short-term rentals.
14. Sawyer County has adopted a zoning ordinance.
15. Section 2.1(85) of the Sawyer County Zoning Ordinance defines a ResoR as "a Yor-profit
business holding a Seller's Permit and licensed by the Wisconsin Department of Health
and Family Services, which provides rental to the public of DWELLING IJNITS
contained in one or more permanent buildings used primarily far recreational use."
16. Section 2.1(31) of the Sawyer County Zoning Ordinance defines Dwelling Unit as `'A
building or poRion thereof with rooms ananged, designed, used or intended to be used
for one family. Guesthouses with kitchen and bathroom facilities; and any accessory
sh-uctures with a HABITABLE LIVING AREA are considered to be dwelling units.
Houseboats and watercraft on land shall not be used as DWELLP.VGS or DW'ELLING
LINITS. Only one dwelling unit is allowed per Lot."
17. Beginning in 2021, both cabins on the Old Arrow ResoR property have been used for
short-term rentals.
2
Case 2022CV000046 Document 7 Filed 05-24-2022 Page 3 0(6
18. The cabins on the Old Arrow Resort property are advertised both online and in print as a
"resort."
19. Because a resoR is rental to the public of Dwelling Units (which is listed as a multiple,
rather thanjust one Dwelling linit) and because more than one dwelling unit on the Old
Arrow Resort is in fact being used to provide rental to the public, it appears to meet the
definition oY a Resort under Sawyer County Zoning Ordinances.
20. By a letter dated July 20, 2021, Douglas Kurtzweil requested a written determination
from the Sawyer County Zoning Department as to whether the rental of multiple dwelling
units on the Old Arrow Resort property constitutes use as a''resort" under Sawyer
County Zoning Ordinances.
21. By a letter dated September 24, 2021, Jay Kozlowski, Sawyer County Zoning &
Conservation Administrator, responded to Mr. Kurtzweil's July 20, 2021 letter in which
Mr. Kozlowski stated `Based on my and Legal Counsel's understanding of the facts as-
applied to the Ordinances, we do not think Old Arrow's use falls within the definition of
`resort.' This is bolstered by the Sawyer County Zoning Committee's discussion that
`resorts' include amenities such as a lodge, restaurant, game room, etc., that one would
not usually find in a single-family or multi-family residential use rental."
22. Upon information and belief, there are many permitted resorts in Sawyer County that do
not contain a lodge, restaurant or game room.
23. The definition of"Resort" in the Sawyer Counry Zoning code of ordinances does not
include nor require that amenities be offered in addition to the rental of dwelling units.
24. On October 22, 2021, Douglas Kurtzweil submitted an appeal of the decision made by
the Sawyer County Zoning Administrator, specifically appealing the determination that
"...we do not think the OId Arrow's use falls within the definition of`resoR'."
25. A heazing on Mr. Kurtzweil's appeal was postponed by the Sawyer County Zoning Board
of Appeals (hereinafrer"ZBA") and rzscheduled to occur on April 26, 2022.
26. At the hearing on ,april 26, 2022, the zoning administrator was represented by Attorney
Steve Sorenson.
27. Both the Zoning Administrator and his counsel spoke at the April 26, 2022 hearing
azguing that the Old Arrow Resort property does not qualify as a resort because, if it did,
all properties being rented on a short-term basis would be considered a resort.
28. Counse► Y'or pouglas Kurtzweil, Linda Coleman, noted for the board that the definition of
resort requires that there be rental of dwelling unitS (emphasis added). This means the
rental of one dwelling unit could not meet the definition of resort and that it is the rental
of more than one unit that constitutes a resort.
3
Case 2022CV000046 Document 7 Filed 05-24-2022 Page 4 of 6
29. Counsel for the Zoning Administrator told the ZBA that they could not conduct a de �ovo
review of the decision made by the Zoning Administrator that the use of the Old Arcow
Resort properry does not constitute a resort.
30. Counsel for the Zoning Administrator suggested the BOA could only overturn the
decision that the operation of Old Arrow Resort did not constitute a"resort'� under the
Sawyer County Zoning Ordinance iY the BOA found that there was wrongdoing or an
incorrect procedure followed by the Zoning Administrator.
3]. Counsel for the ZBA did not comment or advise the ZBA on the standard to be applied
by the ZBA.
32. The Sawyer County Zoning Administrator testified that the ordinance defining resort �`is
going" to be amended and this interpretation that the use Old Arrow Resort for multiple
short term rentals is not a "resort" under the ordinance is an interim interpretation under
the ordinance can be amended.
33. Ordinance amendment involves a process including solicitation of public input and a vote
by the CounTy Boazd of Supervisors.
34. The Sawyer County Zoning Administrator cannot know now that an ordinance will be
amended to reflect his own personal view of what that ordinance should state when the
ordinance amendment process has not been undertaken, let alone completed.
35. The only finding of fact made by the ZBA was that the Zoning Administrator"followed
the letter of the law...."
36. On April 27, 2022, a document was signed by the Deputy Zoning & Conservation
Administrator stating, in part, "Notice is hereby given that on April 26, 20?2 the Sawyer
County Board of Appeals denied the following application...."
37. The April 27, 2022 Notice document also states '`Findings: Zoning Administrator and
Zoning Committee followed the letter of the law as appears in Shoreland Ordinance and
guidelines in the Sawyer County Ordinance."
38. Section 9.11 of the Sawyer County Zoning Ordinance states, in part, that "Any person or
persons jointly or severally aggrieved by any decision of the Boazd of Appeals.....may
commence an action in the circuit court for w7it of certiorari to review the legality of such
decision in whole or in part, within thirty (30) days of the date following the date of the
signing of the Board's decision letter."
39. There was a notice letter April 27, 2022 that is unsigned and also appears to originate
from the Depury Zoning & Conservation Administrator, but there is no decision letter
from the Board of Appeals.
4
Case 2022CV000046 Document 7 Filed OS-24-2022 Page 5 of 6
40. It is unclear under what authority the Sawyer County ZBA has allowed the entity whose
decision is being appealed (in this case the Sawyer County Loning Administrator) to be
the body to issue a written decision on appeal.
41. After the Complaint in this Action was filed, on May 16, 3022, Plaintiff received an
email from Kathy Marks, Deputy Zoning & Conservation Administrator, stating
"Attached is the decision letter from TJ Duffy's Office."
42. The document attached to Ms. Marks' May 16, 2022 is a document labeled Decision that
is dated April 27, 2022 at the top but signed by the Chairperson, AI Gerber and dated
May 17, ?022, which is a day after the document was sent to Plaintiff so that date
presumably is in error.
43. The BOA gave no reasons as to why it found that the Zoning Administrator and Zoning
Committee `'followed the letter of the law".
44. The statement that the administrator and committee "followed the letter of the law" is a
conclusion of law, not a finding of fact.
45. The Sawyer Count�� Boazd of Appeals Rules and By-laws, Section 9.4 states that "In
acting on any matters before it the Boazd shall make tindings suppoRing its actions."
46. The minutes of the Boazd do not reflect any findings of fact to support its decision.
47. The BOA did not identify a standard it was applying in considering the appeal.
48. Upon information and belief, the BOA believed it could only sustain the appeal if the
BOA found that there was wrongdoing or an incorrect procedure fol]owed by the Zoning
Administrator.
49. Less than 30 days have elapsed from the time that a letter from the Deputy Zoning &
Conservation Administrator which purports to provide notice of the decision of the
Sawyer County Loning Board of Appeals was filed and the plaintiff herein has standing
to seek review of the decision by the Board by commencing an action seeking the remedy
available by certiorari.
50. Plaintiff seeks relieY from the Sawyer County Circuit Court to obtain a writ of certiorari
to require the Sawyer County loning Board of Appeals to certify to this Court the
proceedings relating to the decision of the Board of Appeals denying the appeal filed by
Douglas Kurtzweil as authorized by Vvisconsin Statutes.
51. Plaintiff seeks reversal of the Sawyer Counry Zoning Board of Appeals on the
following grounds:
�
Case 2022CV000046 Document 7 Filed OS-24-2022 Paye 6 of 6
• i �
a. The Board of Appeal's actions were arbitrary, oppressive and unreasonable, and
represented its will, not its judgment, and;
b. The evidence presented to the Sawyer County Zoning Board of Appeals was such
that said Board of Appeals could not reasonably make the orders or determination
in question;
a The Board of Appeals proceeded on an inconect theory of law;
d. The Boazd of Appeals did not follow the correct procedure in denying the appeal
tiled by Douglas Kurtzweil;
e. The decision of the Board exceeded its jurisdiction; and
f. The Board of Appeals had substantial evidence presented to it to find that the
cunent use of the Old Arrow Resort property meets the definition of`resort" in
the Sawyer County Zoning Ordinance.
WHEREFORE, plaintiffprays forjudgment as follows:
1. For an order granting a writ of certiorari to be issued forthwith, requiring the Board of
Appeals to certify all papers, tapes and records of[he above-referenced matter, and to provide a
transcript of the oral testimony presented before the Board of Appeals on April 26, 2022, and to
return said certified records and transcripts to the Circuit Court for Sawyer County forthwith.
2. For injunetive relief.
3. For an order reversing the decision the Sawyer County Zoning Board of Appeals made on
record on Apri126, 2022.
4. For such other and further relief as the Court may deem proper.
Dated this �.___ day of May, 2022
SPEAR5, CARLSON & COLEMAN
, i
Linda I. Coleman (SBN 1088532)
Attomeys for the PlaintiYf
122 West Bayfield Street
Washburn, WI 54891
(715) 373-2628
6
, ' Case 2022CV000046 Document 2 Fiied 05-13-2022 Paqe 1 of 8
FILED
' 05-13-2022
Clerk of Circuit Court
Sawyer County,WI
2022CV000046
STATE OF WISCONSIN CIRCUIT COURT SAWYF.R COL'NTY
DOUGLAS KURTZWEIL
11055 W Arrow Road
Hayward, WI 54843
Plaintiff, SUMMONS
vs.
Case No. 22 CV_
SAWYER COUNTY ZONING BOARD
OF APPEALS
c�o Al Gerber, Chairperson Code No. 30'70'7
P.O. Box 36 Other Extraordinary Vb'rit
Radisson, Wt 54867
Defendan[.
THE STATE OF WISCONSIN,
To said Defendant:
You aze hereby notified that the Plaintiff above named has filed a lawsuit or other legal
action against you. The Complaint, which is attached, siates the nature and basis of the legal
action.
If you are the state or an officer, agent, employee, or agency of the state, within forty-five
(45) days of receiving this Summons, you must respond with a written answer, as that term is
used in Chapter 802 of the Wisconsin Statutes, to the Complaint. If you are not the state or an
officer, agent, employee, or agency of the state, within twenty (ZO) days after receiving this
Summons, you must respond with a written answer, as that term is used in Chapter 802 of the
Wisconsin Statutes, to the Complaint. The court may reject or disregard an answer that does not
follow the requirements of the statutes. The answer mus[be sent or delivered to the Court, whose
address is Clerk of Court, 10610 Main Suite 74, Hayward, WI 54843, and to Linda 1. Coleman.
, Case 2022CV000046 Document 2 Filed 05-13-2022 Page 2 of 8
Plaintiffs' attomey, whose address is Spears & Carlson, 122 West Bayfield Street, Washburn,
Wisconsin 54891. You may have an attorney help or represent you.
If you do not provide a proper answer within forty-five (45) days iY you are the state or an
officer, agent, employee, or agency of the state, or within twenty (20) days if you are not the
state or an officer, agent, employee, or agency oY the state, the Court may grant judgment against
you or the award of money or other legal action requested in the Complaint, and you may lose
your right to object to anything that is or may be incorrect in the Complaint. Thejudgment may
be enforced as provided by law. A judgment awarding money may become a lien against any
real estate you own now or in the future, and may also be enforced by garnishment or seizure of
property.
Dated this __ � day of May, 2022.
SPEARS & CARLSON
--- � �' --1
�.� �
1_inda I. Coleman (SBN 1088532)
Attorneys for the Plaintiff
122 West Bayfield Street
Washbum, WI 54891
(715) 373-2628
, � Case 2022CV000046 Document 2 Filed 05-13-2022 Paqe 3 of B
FILED
� 05-13-2022
Clerk of Circuit Court
Sawyer County,WI
2022CV000046
STATE OF WISCONSIN CIRCiJ1T COURT SAWYER COUNTY
DOtiGLAS KURTZWEIL
I IOSSW Arrow Road
Hayward, WI 54843
Plaintiff, COMPLAINT
vs.
Case No. 22 CV
SAWYER COUNTY ZONING BOARD
OF APPEALS
c/o A1 Gerber, Chairperson Code No. : _ _ _
P.O. Box 36 Other Extraordinary Writ
Radisson, WI 54867
Defendant.
The above-named plaintif£ Douglas Kurtzweil, by their attorneys, Speazs. Carlson &
Coleman, S.C., by Linda L Coleman, as and for their complaint against the above-named
defendant, alleges and shows to the Court as follows:
1. Plaintiff Douglas Kurtzweil is an adult resident of the State of Wisconsin residing at
11055 W Arrow Road in Hunter, Wisconsin, who owns property in the City of FIayward,
Sawyer County, Wisconsin.
2. Defendant, Sawyer County Zoning Board of Appeals (hereinafter refened to as "Boazd")
is a board of the County of Sawyer appointed pursuant to Wisconsin Statutes, with its
principal offices located at the office of the Zoning Administrator in the 3awyer Counry
Courthouse, Hayward, Wisconsin.
3. Plaintiff s property in Hayward, Wisconsin is adjacent to the following parcel of real
estate also located in Sawyer Counry (hereinafrer "Old ,�rrow Resort")"
Lot 2A, CSM #312, Volume 6 of Certified Survey Maps, Page 382, located in the
Northeast Quarter of the Northeast Quarter of Section Sixteen (16), Township Forty (40)
NoRh, Range Seven (7) West, Town of Hunter, Sawyer County
1
, Case 2022CV000046 Document 2 Filed 05-13-2022 Page 4 of R
4. Prior to 1978, the Old Arrow Resort property was part of a larger parcel that contained
multiple cabins used as a resort.
5. When the resort closed down in 1978, the then-current owner divided the property into
multiple parcels, one of which was the Old Arrow Resort parcel.
6. The Old Arrow Resort parcel was left with two old cabins on a single lot.
7. Afrer the creation of the Old Arrow Resort parcel, Sawyer County enacted zoning
ordinances which prohibit the creation of a single parcel with two habitable structuces.
8. Because the Old Arrow Resort became a parcel prior to enactment of an ordinance
prohibiting more than one habitable structure on a lot, the two structures are legal
nonconforming structures.
9. From the creation of the Old Arrow Resort lot through 20l 7, the two structures on the lot
were used sparingly and, upon information and belief, were not used at all from
approximately 2010 through 2016.
]0. In 2017, Old Arrow Resort, LLC was incorporated and rehabilitation on the disused cabin
to the east on the Old Arrow Resort property began.
11. In October of 2019, the WDHFS issued a license for short-term rentals of the east cabin
on the Old Arrow Resort property.
12. Beginning in ?OZO, rehabilitation on the disused cabin to the west on the Old Arrow
Resort property began.
13. Upon information and belief, the cabin to the west on the Old Arrow ResoR property also
obtained a license through WDHFS to be used for short-term rentals.
14. Sawyer County has adopted a zoning ordinance.
15. Section 2.1(85) of the Sawyer Counry Zoning Ordinance defines a Resort as `'a for-profit
business holding a Seller s Permit and licensed by the Wisconsin DepaRment of Health
and Family Services, which provides rental to the public of DWELLING t'NITS
contained in one or more permanent buildings used primarily for recreational use."
16. Section 2.1(31) of the Sawyer Counry Zoning Ordinance defines Dwelling Unit as "A
building or portion thereof with rooms arranged, designed, used or intended to be used
for one family. Guesthouses with kitchen and bathroom facilities; and any accessory
structures with a HABITABLE LIVI�G AREA are considered to be dwelling units.
Houseboats and watercrafr on land shall not be used as DWELLINGS or DVb'ELLII�G
tJNITS. Only one dwelling unit is allowed per Lot."
17. Beginiung in 2021, both cabins on the Old Arrow Resort property have been used for
short-term rentals.
2
, Case 2022CV000046 Document 2 Filed 05-13-2022 Page 5 of 8
18. The cabins on the Old Arrow ResoR property are advertised both online and in print as a
"resort."
19. Because a resoR is rental to the public of Dwelling Units (which is listed as a multiple,
rather than just one Dwelling t'nit) and because more than one dwelling unit on the Old
Arrow Resort is in fact being used to provide rental to the public, it appears to meet the
definition of a Resort under Sawyer County Zoning Ordinances.
20. By a letter dated July 20, 20?1, Douglas Kurtzweil requested a written determination
from the Sawyer County Zoning Department as to whether the rental of multiple dwelling
units on the Oid Arrow Resort property constitutes use as a `'resort" under Sawyer
County Zoning Ordinances.
21. By a letter dated September 24, 2021, Jay Kozlowski, Sawyer County Zoning &
Conservation Administrator, responded to Mr. Kurtzweil's July 20, 2021 letter in which
Mr. Kozlowski stated "Based on my and Legal Counsel's understanding of the facts as-
applied to the Ordinances, we do not think Old Arrow's use falls within the definition of
`resort.' This is bolstered by the Sawyer Counry Zoning Committee's discussion that
`resorts' include amenities such as a lodge, restaurant, game room, etc., that one would
not usually find in a single-family or multi-family residential use rental."
22. L'pon information and belief, there aze many permitted resorts in Sawyer County that do
not contain a lodge, restaurant or game room.
23. The definition of"ResoR" in the Sawyer County Zoning code of ordinances does not
indude nor require that amenities be offered in addition to the rental of dwelling units.
24. On October 22, 2021, Douglas Kurtzweil submitted an appeal of the decision made by
the Sawyer County Zoning Administrator, specifically appealing the determination that
"...we do not think the Old Arrow's usz falis within the definition of`resort'."
25. A hearing on Mr. Kurtzweil's appeal was postponed by the Sawyer County Zoning Board
of Appeals (hereinafter"ZBA") and rescheduled to occur o� April 26, 2022.
26. At the hearing on April 26, 20?2, the zoning administrator was represented by Attomey
Steve Sorenson.
27. Both the Zoning Administrator and his counsel spoke at the April 26, 20?2 hearing
arguing that the Old Arrow Resort propertv does not qualify as a resort because, if it did,
all properties being rented on a shor[-term basis would be considered a resort.
28. Counsel for pouglas Kurtzweil, Linda Coleman, noted for the board that the definition of
resort requires that there be rental of dwelling unitS (emphasis added). This means the
rental of one dwelling unit could not mzet the definition of resoR and that it is the rental
of more than one unit that constitutes a resort.
3
, ' Case 2022CV000046 Document 2 Filed OS-13-2022 Paqe 6 of 8
29. Counsel for the Zoning .4dministrator told [he ZBA [hat they could not conduct a de novo
review of the decision made by the Zoning Administrator that the use of the Old Arrow
Resort property does not constitute a resort.
30. Counsel for the Zoning Administrator suggested ihe BOA could only oveRurn the
decision that the operation of Old Arrow Resort did not constitute a"resort" under the
Sawyer County Zoning Ordinance if the BOA found that there was wrongdoing or an
incorrect procedure followed by the Zoning Administrator.
31. Counsel for the ZBA did not comment or advise the ZBA on the standard to be applied
by the ZBA.
32. The Sawyer County Zoning Administrator testified that the ordinance defining resort "is
going"to be amended and this interpretation that the use Old Anow Resort for multiple
short term rentals is not a "resort" under the ordinance is an interim interpretation under
the ordinance can be amended.
33. Ordinance amendment involves a process including solicitation oY public input and a vote
by the County Boazd of Supervisors.
34. The Sawyer County Zoning Administrator cannot know now that an ordinance will be
amended to reflect his own personal view of what that ordinance should state when the
ordinance amendment process has not been undertaken, let alone completed.
35. The only finding of fact made by the ZBA was that the Zoning Administrator"followed
the letter of the law...."
36. On April 27, 2022, a document was signed by the Deputy Zoning & Conservation
Administrator stating, in part, "Notice is hereby given that on April 26, 2022 the Sawyer
County Board of Appeals denied the following application...."
37. The April 27, 2022 Notice document also states "Findings: Zoning Administrator and
Zoning Committee followed the letter of the law as appears in Shoreland Ordinance and
guidelines in the Sawyer Counry Ordinance."
38. Section 9.l 1 of the Sawyer County Zoning Ordinance states, in part, ihat"Any person or
persons jointly or severally aggrieved by any decision of the Board of.4ppeals.....may
commence an action in the circuit court for writ of certiorari to review the legaliry of such
decision in whole or in part, within thirty (30) days of the date following the date oY the
signing of the Boazd's decision letter."
39. There does not appear to be a signed decision letter from the BOA.
40. There was a notice letter April 27, 202? that is unsigned and also appears to originate
from the Deputy Zoning & Conservation Administrator, but there is no decision letter
from the Board of Appeals.
4
. � Case 2022CV000046 Document 2 Filed 05-13-2022 Page 7 of 8
41. lt is unclear under what authority the Sawyer County ZBA has allowed the entity whose
decision is being appealed (in this case the Sawyer Counry Zoning Administrator) to be
the body to issue a written decision on appeal.
42. The BOA gave no reasons as to whv it found that the Zoning Administrator and Zoning
Committee "followed the letter of the law".
43. The statement that the administrator and committee "Yollowed the ]etter of the law" is a
conclusion of law, not a finding of Yact.
44. The Sawyer County Board of Appeals Rules and By-laws, Section 9.4 states that `9n
acting on any matters before it the Board shall make findings supporting its actions."
45. The minutes of the Board do not reflect any findings of fact to support its decision.
46. The BOA did not identify a standard it was applying in considering the appeal.
47. Upon information and belief, the BOA believed it could only sustain the appeal if the
BOA found that there was wrongdoing or an incorrect procedure followed by the Zoning
Administrator.
48. Less than 30 days have elapsed from the time that a letter from the Deputy Zoning &
Conservation Administrator which purports to provide notice of the decision of the
Sawyer Counry Zoning Board of Appeals was filed and the plaintiff herein has standing
to seek review of the decision by the Board by commencing an action seeking the remedy
available by certiorazi.
49. Plaintiff seeks relief from the Sawyer County Circuit CouR to obtain a writ of certiorari
to require the Sawyer County Zoning Board of Appeals to certify to this Court the
proceedings relating to the decision of the Board of Appeals denying the appeal filed by
Douglas Kurtzweil as authorized by Vb'isconsin Statutes.
50. Plaintiff seeks reversaf of the Sawyer County Zoning Board of Appeals on the
following grounds:
a. The Board of Appeal's actions were arbitrary, oppressive and unreasonable, and
represented its will, not its judgment, and;
b. The evidence presented to the Sawyer County Zoning Boazd of Appeals was such
that said Board of Appeals could not reasonably make the orders or determination
in question;
a The Board of Appeals proceeded on an incorrect theory of law;
5
, ' Case 2022CV000046 Document 2 Filed 05-13-2022 paye 8 of 8
d. The Board of Appeals did not follow the correct procedure in denying the appeal �
filed by Douglas KuRzweil:
e. The decision of the Board exceeded its jurisdiction; and
f. The Board of Appeals had substantial evidence presented to it to find that the
current use of the Old Arrow Resort property meets the definition of`'resort" in
the Sawyer County Zoning Ordinance.
WHEREFORE, plaintiff prays for judgment as follows:
1. For an order granting a writ of certiorari to be issued foRhwith, requiring the Board of
Appeals to certify all papers, tapes and records of the above-referenced matter, and to provide a
transcript of the oral testimony presented before the Boazd of Appeals on April 26, 2022, and to
return said certified records and transcripts to the Circuit Court for Sawyer County forthwith.
2. For injunctive relief.
3. For an order reversing the decision the Sawyer County Zoning Board of Appeals made on
record on April 26, 202?.
4. For such other and further relief as the Court may deem proper.
Dated this , — day of May, 2022
SPEARS, CARLSON & COLEMAN
_.�
�� n
Linda L Coleman (SBN 1088532)
.Attomeys for the Plaintiff
122 West Bayfield Street
Washbum, WI 54891
(715) 373-2628
6
Kathy Marks
From: Jay Kozlowski
Sent: Tuesday, May 31, 2022 1:26 PM
To: Kathy Marks
Subjed: FW: Sawyer County BOA
Attachments: Admission of Service.doc; Amended Complaint.pdf; Summons and Complaint.pdf
From:Thomas 1. Duffy<tjduffy@cheqnet.net>
Sent:Tuesday, May 31, 2022 11:20 AM
To: Lynn Fitch <lynn.fitch@sawyercountygov.org>;Jay Kozlowski <jay.kozlowski@sawyercountygov.org>; AI Gerber
<a n ge rbe r@ h ot m a i I.co m>
Subject: FW: Sawyer County BOA
--- -- - ---_ _ __ __
This email originated from outside of the organization. Do not chck links or open attachments unless you recognize the
sender and know the content is safe.
Good morning,
Attached, please find an email from Attorney Linda Coleman. Please review the same and let Tom know your thoughts.
He will be admitting service unless someone has an objection.
Thank you,
Carie
Thomas 1. Duffy,Attorney at Law, LLC
Phone: 715-634-6470
Fax: 715-634-5661
P.O. Box 839
Hayward, WI 54843
From: Linda Coleman <. c - >
Sent:Tuesday, May 31, 2022 927 AM
To: Attorney Thomas J. Duffy<. �__ __>
Subject: Sawyer County BOA
TJ,
When I first filed, we had got something signed by the deputy ZA saying we had 30 days to appeal. So that is what my
complaint refers to. After I filed, we later got a Decision signed by the chairman (which is presumably when the 30 days
would actually start ticking). Oddly, Doug received that signed decision from the chairman one day before the date on
which it was allegedly signed (so obviously that was dated in error). Anyway, I filed an amended complaint just in case
someone argues that we filed before we got the decision (although, as noted,the ZA letter said the 30 day clock was
ticking). Anyway, here are the summons, complaint, amended complaint and the admission.
Please sign the admission and return.
As I previously noted to you, if the BOA wants to simply stipulate to sending this back to the BOA, I certainly would go
along with that.
i
Linda
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2
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S A V'�-''�� �; R.
C O 'J i:J T `�
SAWYER COUNTY ZOh11NG & CONSERVATION DEPARTMENT
1061U MAIN STREET SUITE 49 • iiAYWARD, W13CONSIN 54843
Phone (715) 634-8288 . Fax (715) 638-3277
Email:jay.kozlowski@sawyercountygov.org
Webs�te: www.sawvercountvgov.org
Toil Free Court�ouse/General Information 1-877-699-4110
Scptember 24, 2021
Dot�glas I:urt�wesl
1 l O55�U �rrow R��ac'; �
l f ayward, '�N I 5484s
RE: Formal request for writtcn detctmi�lation �n reference to property located at 1 1035W Arrow
Road
Mr. Kurtzweil,
In respor,sc to y<��ir lettcr dated July 20`�', 2021 f, Jay K�zlowski, Sawyer County Zoning &
Conservation i�dministrator, make the following detet7nination(s) belo��� which l�ave also beF�n
discussed with the Sawyer County Lecai Counscl. `Nitll rc>pcct tc> t��e "resorY' v� "sh��rt t<,nn
.-�j�tal," �>>is�:�on���E1 law re�ui;;;s lc�kiilg to the a��ua� use, ai�ici i��ot wl�at tllc use is calle�: �,t�
referenceri as in advertising. The key poii�t is whetl�icr the opct•ation a�Id use fall within t11e
Zoning Ordinu.lce's cl.efiniti��n of a resort. Baserl o�,� riy :�.td ��egal Counsel's understanding of
the facts as��applied �o the C�rd:.�unccs, we do i�ot tl�inl: Ol�l F-rrow's u�e falls within the
deiinition of"reso:-�."� This is bolstered by the Sawyer County Zonin�; Com�nittee's discussion
that "resorts" include amenities such as a lodge, restaurant, ga�ne room, etc., that one would not
usually find in a single-family or mul;i-family residential use rental.
With res�ect to the non-confornling use issue, based on my and Legal Counsel's understanding,
we do not think ii is a re-continuation of a nonconforming use because we are not classifyitlg rJld
Arrow as a resort but as a s1.�ort tern�� ;�?�tal, it is not a nonconfoi7ning use but ratl.ler a pennitted
use under RR-2, regard��ss of how it is advertiseci.
Thank yAu, ��
/
����
�
Jay ICo:zl�,wsk�
zot�ing �oi..niy Z�t�����g Rc �'or�scr�✓ati.m Adn�inis;r�itor
��J � _ � (D• � . �,o�. )
�A��C.�
S ;�.WY� R
.. CC) U �-J 1� Y
SAWYER COUNTY ZONING & CONSERVATION DEPARTMENT
10610 MAIN STREET SUITE 49 • HAYWARD, WISCONSIN 54843
Phone (715) 634-8288 • Fax (715) 638-3277
Email:jay.kozlowski@sawyercountygov.org
Website: www.sawyercountvaov.org
Toll Free Courthouse/General Information 1-877-699-4110
Septernber 29, 2021
Douglas Kur±zweil
I 1O55W Arcow Roac.l
llaywarcl, WI 54g43
RE: "Con-ection" of for�nal detet7ninatio�i i�l reference to property located at 11035W Arrow
Road
Mr. Kurtzweil,
In my prcvious letter dated Septembe�24, 2021 [ stated that, "we are not classifying Old Arrow
as a resort but as a �IZort tenn rental, it is not a nonconforming use but ratller a pennitted use
under RR-2, regardless of l�ow it is advertised."
Tl1is shall be cllanged to read ""we ai-e not clas��Fyinb Old f.�rc�-�� as a resort but as a s1�i:,1-t cenn
� rental, it is not a uonconforming use but rather a permittec? use uuder RR-1, regardless of how it
is advertised."
There was an error ir� the current zone district as r:;rerenced.
Thank you,
�
i���
Jay Kozlowski
Zoning County Zoning & Conservati�n Adininistrator
,�,��(����1�; �
, ,���-_-- �
Return Original `,�
`.� OCT 2 2 2021 �
� ----'
,�P,.�4�'DM NISTRATION
APPEAL OF DECISION MADE BYTHE SAWYER COUNTY ZONING ADMIN18dANp*7��i
Date: ��'�1.-�.0��
Appellant(s): �oUGLR1 KVATZI�EI�
Address: IIbSSW �RRaw R°A� � �i.��AR� W� S`I$43
Telephone#: �I.S-y�b�.-46�9 Email: c{ou4�asikur�zwe.I�L�,Mc�i�.Goryti
—��
Propertydescription: �07�A��5�'16I3$a#1318• PART NE�fE SI6�f4a�I Ro7W.'roWu oF'N�NTER
��
dwAeR: DA�iD`�oc2EK. nf.�I: C7�D ARR�t� R�56RT LLL. I.P1N o��-'l�to161�o�,.�fAxi� IS�.Z9
Deed# �}(q��o Acreage: �.�,. Zone district: �I��
Present use of property: S��
Used so continuously since(date): �G�r,�e �,�},b
-��
The undersigned hereby requests a review of a decision made by the Sawyer County Zoning Administrator at a
pubiic hearing held on(date):�y o2D a-„7-- (office use determined)_
Decision of the Zoning Administrator:
'`..�,,�1e, o�.����x�. O?� 11 Nunu a .u.4Q-.J�d-C.Ua-.u.�M. � �e�•w,�<+�.
� ,`�A �I
5�. �mc.�o�.,MQ�I
It is my opinion that the Zoning Administrator(did/did not)keep within its jurisdiction when making its
decis'io.pn.[Jy stify y�our opi�n-Iion.] . /; /
L1�/V� cU ,Cr�wK. JU�� ZaxMa AG�nw+�o�n. .,�u .a�,rf�r�.-�u.Q. �o /�M��d—�-�'.a.+.o-.,.
o-n � �tx..��.. /ku an�-Q� �✓+��.�v�u� � k� �,.�.�.a�.� a.�
�� ,G��, �,� �.��,�.�� Q� ,�� ��. �2 c�T
Q�� 5� ���.��,�3���
,
It is my opinion that the Zoning Administrator (did did not proceed on the correct theory of law when making
its decision. [Justify your opinion.]
- 5� ��.Q��. #S
It is my opinion that the Zoning Administrator's decision was was not) arbitrary, oppressive, or unreasonable
and represented its will not its judgment. [Justify your opinion.]
S.nQ �.wc�aryw,.e 1� 6 .i:., �iur.�,
It is my opinion that the evidence was such that the Zoning Administrator (could could not have reasonably
made the decision in question. [Justify your opinion]�`. -� ��-� � D� �`�s ���- �,LG
T�� ,a.r�A:c:.ta.t�,ow�.��
�6'�^�- �rru.�+�'p �2�. �t.th�4 � �/ �, ci. '�a-da�,•ru� � � �
5��,_7a„� ��—
z
Sawyer County Board of Appeals — Rules and By-laws, Section 5.12 Fees.
The applicant/appellant shall pay such fees as may be from time to time established by
the County Board, which amount shall be deposited with the Zoning Department or
County Clerk for each application/appeal filed before a public hearing will be scheduled.
Any fees required for the copyin� of, reproduction of or the publishin� of documents
photo�raphs, or the copyin� of recorded tapes or the copyin� or reproduction of anv
item related to the "record" created bv a decision of the Sawyer County Zonin�
Administrator shall be the responsibility of the appellant and shall be paid to the Zonin�
Department or Countv Clerk prior to the Board conductin� a public hearin� on the
appeal. The Zonin� Deputy shall provide an itemized bill to the appellant for payment.
Any services required of an outside a�ency shall be at the discretion of the Zonin�
Deputv and shall be billed to the appellant accordin�ly.
Fee: $500.00 Date Paid /D-a� _ d-o� t Cash o Check lo�3d �
Name and address of Agent/Legal Counsel �
[Appellant sig t (s)]
The above hereby make application for
Phone a review of a decision(s) made by the
Sawyer County Zoning Administrator.
Email The above certify that: (1) the listed
information and intentions are true and
correct; (2) the above person(s) hereby
give permission for access to the
property for on-site inspections and (3)
I/we understand the requirements of
Section 5.12 Fees above.
3
11/5/21,10:12 AM Real Property Listing Page
R2dl EStat2 Sawyer County Properly Listing PropertyStaWs: Curtent
Today's Date:i l/5/2021 Created On:2/6/2007 7:55:26 AM
�Description Updated:7/31/2019 �"�Ownership Updated:8/28/2019
_ ..__._ . --------.__.
Tax ID: iSU9 � DAVID G TOCZEK CLEVEIAND TX
PIN: 57-012-2-00-07-16-1 01-000-000020
Legacy PIN: 012740161102 Billing Address: Mailing Address:
Ma ID: .1.2 DAVID G TOCZEK DAVID G TOCZEK
Municipality: (012)TOWN OF HUNTER 25143 IVY LN 25143 IW LN
STR: S16 T40N R07W CLEVELAND TX 77328 CLEVEIAND TX 77328
Destription: PRT NENE LOT 2A CSM 6/382#1318
Recorded Acres: 1.020 w Site Address *indicates Private Road
Calcula[ed Acres: 1.008 11035W ARROW RD ' HAYWARD 54843
Lottery Claims: 0
First Dollar: Yes _.1 property Assessment Updated:7/12/2021
Waterbody: Chippewa Flowage 2021 Assessment Detail
Zoning: (RRl)Residential/Recreational One �e Acres Land Imp.
ESN: 443 Gl-RESIDENTIAL 1.020 105,800 58,300
�Tax Districts Updated:2/6/2007 2-Year Comparison 2020 2021 Change
1 State of Wisconsin land: SO5,800 105,800 0.0%
57 Sawyer County Improved: 34,700 58,300 68.0%
012 Town of Hunter Total: 140,500 164,100 16.8%
572478 Hayward Community School District
001700 Technical College �
�t_4 Property History
+ Recorded Documentr Updated:8/28/2019 N�p � � �
_.
O CORRECTIONINSTRUMENT
Date Rxorded:8/13/2019 419290
O CONVEYANCE RECORDED NOT USED
Da[e Recorded:7/3/2019 4186ll
O EASEMENT
Date Recorded:6/4/2018 412623
O QUIT CLAIM DEED
Date Rxorded:5/31/1990 218649 449/398
O CERTIFIED SURVEY MAP
Date Recorded:9/5/1979 171241
0 CERTIFIED SURVEY MAP
Date Recorded:4/25/1978 164342
las.sawyercountygov.org/system/frames.asp?uname=Kathy+Marks ���
Jay Kozlowski
From: Jay Kozlowski
Sent: Tuesday, October 12, 2021 10:18 AM
To: Douglas Kurtzweil
Cc: Rebecca J. Roeker
Subject: RE: Old Arrow Resort LLC
Attachments: RE: Toczek permit
Here are other e-mails i was able to located over 1 year ago. These e-mails are relating to issuance of his Land Use
Permit and correspondence as far as the meeting dates and times that this policy was to be discussed at Zoning
Committee. You should also review the Zoning Committee recording of 09-18-20 starting at 1:29:45-2:03:00. This
Zoning Committee meeting discussed this in length over 2 separate meetings in which legal counsel stated that I was
able to set internal policy on this decision. This internal policy would be to altow rental of 2 existing non-conforming
habitable dwellings on one lot. This would not include habitable garage areas that may have been created illegally.
Therefore, in these situations they would be working with the Health Department for the rental of those 2 existing
dwelling units. You will need to contact the Health Department in order to obtain those licenses.
Attached below is the Land Use Permit that was issued to Mr. Toczek.
http://docs.sawvercounty�ov.or�/WebLink/DocView.aspx?id=225121&dbid=l&repo=Laserfiche&searchid=eb9fecOb-
22ea-4292-8fa9-447c7b64e8cd
.l a y N. Kozlo wski
`�������' �����s��:�� ����; �d ;� � �:�������������� ,�«� t �..�:�,�a =-�:=�,.
Sawyer County Zonir►g & Canservation
10610 Main 5treet, Suite 49
Hayward, WI 54843
main office: 71S-G34-8288
direct line: 715-638-3224
jay.kozlowski@sawyercountV�ov.org
��
��.� 'S �11,���' E�_ ��
�°"" t' (.� l i i� ..� �,
�''"'�.,.�s�;�.""""„� .�—...
�,,. . �
From: Douglas Kurtzweil <douglasjkurtzweil@gmail.com>
Sent: Tuesday, October 12, 2021 9:52 AM
To: Jay Kozlowski <jay.kozlowski@sawyercountygov.org>
Subject: Re: Old Arrow Resort LLC
_._._ . .. ._� ___ ._ _. . . ._,._... . �.. _ . _ ._, . .._,__._ _ _ _ _.�.._ �._. .rv_._ . .. ___._� _.��__ � .�_ �_ .. � �_ � _ �_._.._.... __
I� �
` This email originated from outside of the organization. Do not click links or open attachments unless you recognize the
� sender and know the content is safe
1
Mr. Kozlowski,
Thank you for your prompt reply.
However, you sent me only the emails that Kathy gave me hard copies of last week after conferring with you.
My request is specifically for the written approval given by your office to Mr Toczek over a year ago. He has repeatedly
assured me he has it. He has also indicated he would not have initiated the permitting and construction ofthe second
unit without it.
Your reply earlier this morning is not an adequate response to my request for record(s) developed last year.
Thank you.
Douglas Kurtzweil
On Tue, Oct 12, 2021 at 8:35 AM Jay Kozlowski <jay.kozlowski@sawyercountygov.or�>wrote:
Mr. Kurtzweil,
Attached are the e-mail correspondence that I have with Mr.Toczek as part of your open records request. I have also
sent Mr.Toczek both of the same letters that I had sent to you dated September 24th and September 29t'', 2021 as he
had also requested those. We also met in office on October 4t'', 2021 as approximately 3PM. I do not remember all of
the exact specifics with that conversation but the nature of the discussion involved what was already discussed to him
in previous e-mails and the process order as part of an Administrative Appeal.
To the best of my knowledge no other communications from myself or office has occurred outside of issuance of the
Land Use Permit back in July/August of 2020.
This e-mail is to serve as completion of the open records request.
Jay H. Kozlowski
������r �:������ �€.�r�ir-��; �. �.��t��r�-��i��� -�,���ir����r����r'
Sawyer County Zoning&Conservation
1Q510 Main Street,Suite 49
Hayward,WI 54843
main office: 715-634-8288
direct line: 715-638-3224
jay kozlowski@sawyercountv�ov.or�
2
� �.+���+�rt� �.: ��
' C' C� l� N �1� 4`
� ��
`,°����r ., __
From: Douglas Kurtzweil <dou�lasikurtzweil@�mail.com>
Sent:Thursday, October 7, 2021 10:14 AM
To:Jay Kozlowski<iay.kozlowski@sawvercountygov.or�>
Subject: Old Arrow Resort LLC
__.�.We_ . _ _... _ � . _.��e __ � _ . _— �.� _�m._.a �
���C7Pv:This email originated from outside of the organization. Do not click links or open attachments unless you recognize the
; sender and know the content is safe.
Mr. Kozlowski,
Per instructions given to me by your staff on Tuesday afternoon i submit the following request.
Please provide the communications between you/your office and the owner/operator of the property located at
11035W Arrow Road regarding your granting of permission to rent a second unit on this parcel,which I am advised
took place last year.
It would seem to be most efficient for both of us to provide these records electronically and that is fine with me.
Thank you in advance for your prompt attention to this matter.
Douglas Kurtzweil
3
K
DECISION
Date: Apri127,2022
Board ofAppeal Members: At Gerber,Steve Kelsey,Dee Dobilas,James Tiffany and
Gordon Christians
An Appeal of the Decision by the Sawyer County Zoning Administrator was heazd on
April 22,2022.
Appearing:
Appellant: Douglas Kurtzv✓ell
Appellant Attomey: Linda Colemen
"Loning Administiator: Jay Kozlowski
Zoning Administrator's Attomey: Steven R.Sorenson
1. ZA and his counsel both argued that the ZA was within his authority to make the
deteimination he did as the Zoning Committee and legal counsel gave him the direction to make
his decision.
2. Appellant and his counsel argued that the ordinance was clear and not subject to
interpretation,so any interpretation against the clear language was inappropriate.
After heaiing all putics and audience members,A1 Gerber made a motion to deny the appeal of
Appellant Douglas Kurtzweli and cont"um the decision of Zoning Administrator Jay Kozlowski,
second by Dee Dobilas.
Roll Call: DeeDobilas-yes
Jatnes Tiffany-yes
Gordon Christians-yes
Steve Kelsey-no
A1 Gerber-yes
Motion passes to deny appeal.
Finding: Board of Appeals feels the Zoning Administrator and Zoning Committee followed the
ordinances as written.
Sawyer County BqI d of Ap eals
\ �
Signed
Chaitperson
Dated: h- �� '��
Decision Field: z_� �,�A� �'�
SAWYER
COUNTY
Sawyer County Zoning & Conservation Department
10610 Main Street, Suite#49
Hayward, WI 54843
715-634-8288 . ....� ..�. .,
%(Ji,t,=-'};;.
kathy.marks(r�sawyercountvRov.orR =
April 27, 2022
Re:APP p22-001, Douglas Kurtzweil
Noti[e is hereby given tha[on April 26, 2022 the Sawyer County Board of Appeals denied the following application:
Part of the NE % of the NE'/<, Lot 2A CSM 6/382#1318;516,T40N, R07W; Parcel d012-740-16-1102; 1.02 total acres;Zoned
Residential/Recreational One(RR-1). This Appeal is against the Zoning Administrator's decision regarding Old Arrow Resort
use, falling within the definition of a "resort".
Motion by Gerber to deny the Appeal, second by Dobalis. Roll call finds Dobalis—yes,Tiffany—yes, Kelsey—no, Christians—
yes, Gerber—yes. 4 to 1. Request denied.
Findings: Zoning Administrator and Zoning Committee followed the letter of the law as appears in Shoreland Ordinance and
guidelines in the Sawyer County Ordinance.
Any person or persons jointly aggrieved by the decision of the Board of Appeals may commence an action in the Circuit
Court for Writ of Certiorari to review the legality of the decision wi[hin 30 days after the date of this notice.
Kathy Marks
Deputy Zoning&Conservation Administrator
Narrative of Zoning Administrator's Determination
On July 20, 2020 a Land Use Permit LUP#20-252 was issued by the Sawyer County Zoning Department
for reconstruction of an existing dwelling located at parcel #012-740-16-1102, site address 11035W
Arrow Road.This property contained 2 existing habitable dwellings that were lawfully placed when
constructed.The ordinance since changed on June 20, 1985 that would only allow for 1 habitable
dwelling per lot or to meet dimensional requirements as specified per that zone district. Since there
were 2 habitable dwellings in existence prior to June 20, 1985 Sawyer County Zoning would allow for
replacement of an existing non-conforming dwelling unit and also expansion of that dwelling unit up to
50% of the existing floor area. There are multiple properties in Sawyer County that have 2 existing
dwelling units on 1 lot.
Between July 20, 2020 and September 17, 2020 Mr. Kurtzweil had asked me in person with an office visit
about the short-term rental procedures for 2 existing dwelling units on the same property. Whether this
is something that would be classified as a resort. On September 18, 2020 I took this "new business'
discussion item to the Sawyer County Zoning Committee—(Committee of Jurisdiction) to ascertain how
this type of scenario should be viewed. During this discussion the committee stated in summary that
they would allow rental of 2 existing dwelling units on the same parcel in that the Zoning Committee felt
that it would not be a resort type use if the rentals do not exceed 2 dwelling on the same parcel. Also,
that in a resort you would have other amenities offered such as a central lodge, laundry facility, and or
bar/restaurant.This discussion was brought to Zoning Committee to establish "office policy" until a
finalized ordinance amendment could take place.
On July 20, 2021 Mr. Kurtzweil sent me a letter for a formal written determination regarding the
operations at parcel #012-740-16-1102, property address 11035W Arrow Road. Mr. Kurtzweil's claim is
that this property is being operated as a "resorY' and was since a discontinued non-conforming use and
should no longer be operated as a resort. I agree that the pre-existing "resort-use" has been
discontinued but it is my determination as outlined in my September 24, 2021 letter that it is not being
operated as a resort. This determination as bolstered by the discussion with Zoning Committee. It was
also further discussed with legal counsel at the time, Rebecca Roeker that Wisconsin law required
looking to the actual use and not what the use is called or being advertised as such as Old Arrow Resort
LLC.
In respect to the Sawyer County Zoning Ordinance definition of a "Resort". A resort is a for-profit
business holding a Seller's Permit and licensed by the Wisconsin Department of Health and Family
Services (now held through the Sawyer County Health Department as an Agent of the State�, which
provides rental to the public of Dwelling Units contained in one or more permanent buildings used
primarily for recreational use. If we are to use this definition then all short-term rentals, even for 1
dwelling unit within the County would be established as a resort. This clearly was not the intent of the
ordinance that by allowing short-term rentals through the Health Department Licensing Procedures,
even for one dwelling unit, that we now have approximately 500 additional resorts.
If the BOA was specifically just ta look at the resort definition we now have created over 500 non-
conforming uses. While the circumstance of renting 2 existing non-conforming dwellings on the same lot
may be slightly different and unique for the 11035W Arrow Road property it should also be mentioned
that there are 6 other properties in the County which this is currently taking place at and 2 others that
are pending whatever determination is made here tonight. While we may be discussing the 11035W
Arrow Road property it does have implications elsewhere.
Thank you for you time and can answer any additional questions you may have. Furthermore, I would
like to reserve additional time for rebuttal if permitted.
Sawyer County Zoning Ordinance
Section 2.0 Definitions
(85)RESORT:A resort is a for-profit business holding a Seller's Permit and licensed by the Wisconsin
Department of Health and Family Services,which provides rental to the public of DWELLING UNITS
contained in one or more permanent buildings used primarily for recreational use.
(31)DWELLING UNIT:A building or portion thereof with rooms arranged,designed,used or intended to
be used for one family.Guesthouses with kitchen and bathroom facilities;and any accessory structures
with a HABITABLE LIVING AREA are considered to be dwelling units.Houseboats and watercraft on land
shall not be used as DWELLINGS or DWELLING UNITS.Only one dwelling unit is allowed per Lot
SAWYE R �
� l. Q V N 1 Y ��1�t�Ill !.�1.��.
,' �l
Sawyer County Zaning&Conservation
10610 Main Street,Suite 49
Hayward, Wisconsin 54843
Office 715-634-8288,Dired(715)638-3215
E-mail: kothV.moiks(�sawVerrounry0ov.orq
December 13,1021
Douglas Kurtzweil
11055W Arrow Road
Hayward, W/ 54843
Re:Administrative Appeal Case t122-001
Douglas,
The Administrative Appeal ogains[the Sawyer County Zoning Administrotor,lay Kozlowski regarding the decision of
"...we do not think Old Arrow's use falls within the definition of a "resort". Will be heard a[a Public Hearing before
the Sawyer County Board of Appeals an Tuesday lanuary 18, 1022. This hearing will begin at 6:OOpm in the Sawyer
County CouRhouse, 10610 Main Streef, Wismnsin. Please use the rear en[rance located at the large parking lot.
It is remmmended that either you or a representative be present at the hearing. A lack of information about the
appeal may result in unnecessary delay of a decision. Failure [o appear may also resul[in the delay. This hearing
will 6e limited to evidence su6mitted 6y you and will 6e heard de novo. Vou shall be responsible for the
presentation of all information supporting your case. The Board may take a case under advisement for later
consideration and determination, or may table or defer action whenever it condudes that addi[ional evidence is
needed or further s[udy is required. The Board shall not be bound by murt rules of evidence, but it may exclude
irrelevant, immaterial, incompefent, unduly argumenta[ive or repetitious testimony or evidence.
If you have any further questions,please advise.
Ka[hy Marks
Deputy Zoning& Conservation Adminis[ra[ar
Enc.
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- �����
SAWYER COUNTY ZONING ORDINANCE
a) Such lands are not adjacent to a natural navigable stream or river;
b) Those parts of such drainage ditches adjacent to such lands were not navigable
before ditching and
c) Such lands are maintained in nonstructural use.
(73) NONCONFORMING STRUCTURE: A structure whose dimensions, location or
other physical characteristics do not conform to the standards of the current zoning
ordinance, although the use of the structure conforms to the requirements of the
ordinance.
(74) NONCONFORMING USE: A building, structure, parcel dimensions or use of land
existing at the time of enactment of this ordinance which does not conform to the
regulations of the district or zone in which it is situated.
(75) ORDINARY HIGHWATER MARK: The point on the bank or shore up to which the
presence and action of surface water is so continuous as to leave a distinctive mark
such as by erosion, destruction or prevention of terrestrial vegetation, predominance of
aquatic vegetation, or other easily recognized characteristics.
(76) ORDINARY MAINTENANCE AND REPAIR: Includes replacement of roofing,
siding, windows, doors, painting and other general maintenance activities limited to the
existing structural envelope. A land use permit is not required for these activities.
(77) PARK MODEL TRAILER: Park model trailers are recreation vehicles primarily
designed as temporary living quarters for recreation, camping or seasonal use. They
are built on a single chassis, mounted on wheels, and have a gross trailer area not
exceeding 400 square feet in the set—up mode. Park modei trailers are allowed only in
licensed campgrounds with a maximum of 30% of the total permitted sites being park
models.
(78) PICKUP COACH: A structure designed to be mounted on a truck chassis for use
as temporary living and housekeeping purposes.
(79) PRIVATE DRIVEWAY EASEMENT: An authorization given by one property owner
to another for the exclusive access to one parcel of land.
(80) PRIVATE ROAD EASEMENT: An authorization usually given by the sub-divider or
developer for access to newly created lots.
(81) PRINCIPAL USE / PRINCIPAL STRUCTURE: The primary use of a property or
structure and the structure which houses a principai use of a lot.
(82) PUBLIC SEWER: A sewer owned and controlled by a public authority.
(83) REFUSE: Combustible and noncombustible rubbish, including but not limited to
paper, wood, metal, glass, cloth and products thereof; litter and street rubbish, ashes;
and iumber, concrete and other debris resulting from the construction or demolition of
structures.
(84) REGIONAL FLOOD: A flood determined to be representative of large floods known
to have generally occurred in Wisconsin and which may be expected to occur on a
(85) RESORT: A resort is a for-profit business holding a Seller's Permit and licensed by
the Wisconsin Department of Health and Family Services, which provides rentat to the
public of DWELLING UNITS contained in one or more permanent buildings used
primarily for recreational
LL: See `STRUCTURE' for definition.
PageB
��.�. �3
Timeline of Redevelopment of Arrow Resort
3-31-2017 Old Arrow Resort LLC incorporated
5-24-2017 Rehabilitation/reconstruction of east cabin begun
7-3-2019 QCD#418617 granting title to David Toczek recorded
8-13-2019 Correction document#419290 recorded
October 2019 WDHFS license issued for east cabin
Spring 2020 Rental of east cabin began
Summer 2020 West cabin demolished
Fall 2020 to June 2021 Constuction of new west cabin
Late June 2021 Rental of west cabin begun
10-5-2021 License for west cabin "pending"
From about 2010 through 2016 these old cabins were not used at all, and being very basic
structures over 60 years old,they deteriorated to the point of not only being uninhabitable but
also being unserviceable even for storage. Eventually the only occupants were mice, bats, red
squirrels, and an occasional raccoon.
The intent of the ressurection and redevelopment of a resort operation is unmistakeable in the
timeline. The east cabin is 384 square feet. The new west cabin is 480 square feet. Can anyone
remember the last time someone built a 480 square foot residence?
The Zoning Administrator's contention "...that 'resorts' include amenities such as a �odge,
restaurants, game room,etc.,..." is based on a "...discussion...." not on any language,text, or
definition in the Sawyer County Zoning Ordinance. In reality, many resorts have none of those.
On the Chippewa Flowage Timber Cove, Muskie Joe's, Reeder's Recesss, Oak Shores,and Meo's
Golden View quickly come to mind. Mystic Moose Resort on Moose Lake and Cresthill Resort
on Lake Placid are 2 more and there are many others. Old Arrow Resort LLC does have
something you rarely see anywhere but at a resort--a fish cleaning house.
1
lO/fi121, ?_'0� PM OL D /�RROW RF SOrt', LI_C (003307A) �U:�C.V�- w"" �
�1���w�.� �`��� � 1�1 �,���"��AR'�:i"�f�i�' �'�`�: ��:�� ��' g �`�q�� t'' +�di��� � �� r:�'�A`��.��:1K���1:�
:�trc�nc�fi{���r�i�i�y �iV'i�r„r��i�=ie�"�� �"F��,�r►s:i:►I f��� iF� ir�<�
Soarch lor. 5-'�
Advmwod Snivch
Old Arrow Resort Search Records N�����������z
C_----___� -
_ _ _ _ _ _ . _ _. _. _. . . . _ _
Corporate Records Result o( luokup (or 0033074 (nl 10/G/2021 2:03 �'M )
OLD ARROW RESORT, LLC r,1c� ;;;,. l�Y, , t��,,.�;,. 1 i,,,.,�,.r, , 1�'•� iti ,�, ,:
You cnn: Filv an Annual Repor!- Reaiiest a Cer6!ic le�( Slalus - File a i�•??�:�lerEu AgenVG,��ce UpG�te Porm
VItAI StAtIstlCs
Entlly ID 0033074
Roglste�Ad 03/31/2017
Effectivo Oale
Perlod oF Exlstence F'FR
Status R�stored to Good Slanding Request a Certificate o( Sta us
Stntus Date 02l?.71'I.D19
Entlty Type Domeslic Limited Liability Company
Annual Reporl l_imited Uability Companles are rrzquired to file nn Annual Report under s. 1�13.0120, WI Statutos.
Requfromonts
Addroasos
Regislered Agen: MELISSA Sl.'sNDEf2�AND
Offico 15659 C�UNTY ROA[) B
PO DOX 12!s0
HAYWA(2('� , WI 5�3ti43
File a egis ered Ag�nUOffice Update Form
Princlpal Offfcc )s?�°r3 !uY I_N
CI_EVf LAND , 7X 7732fi-2A?.A
__ ___ . _ _ _ _.
_ _ . __ ___ _ ____ _ ____ ._ _
Historical Informatlon
Annual Roports Year Reel Image Flled By Stored On
�--- _ ____-_r___.__� _._ __—__
202�i 000 G000 onlino dotabaso
I-- --- - -_ _ _�._- ------ ---- --�
7.020 000 000� online database I
---- �-�
� 2019 0�0� O�vO orJine database
___.3.__._� --1-----._�
File a i A��r:u�l Ro�ort - Or�er a Docuir�it_Co(�y,
Certificatoa of None
Newly-Qlected
OfficerslDire�tors
Oid Names None
101fi/21,i:04 PM OLf)!v?I�!jW'"�SOftl;i i_i'(!)O33074)
Chronology �
Etfoctfva Date Transactlon Flled Datc Da:,scrifitlon
03/31/20?7 Orgenized _ F_ 03r31/2017 [-�"on��
01101/7_019 D�Ifnquent Oi/01/2019
Q2/27/2019 Change of Registered Agent 02/27/2019 Onllnofonn 5
02/27/7.019M Roslorod lo Good Slnndinry 0�l27/'1019 OnlinoFonn 5
-�---------__ ------- - - - - -- -
02/7A/2020 Chan�o Of R�gislerAd Agonl 07/24I7.020 OnlinoForm 5
U1I2GI707.1 --Chany�of Regislered Agent 01/7.61207.1 Onlinef=orm 5
C)rder a Documenl Co�y
�� �S
A little over a year ago Mr.Kozlowski told me that the Old Arrow Resort LLC operation met legal
criteria because the tot with 2 cabins was created prior to a Zoning amendement from the late
19705. When I asked for more specifics a couple months later he referred vaguely to an
amendment from the early 1980s. This helped lead me to a request for a written determination
as the 2nd unit started to be rented this summer.
Mr.Toczek told me last summer that he had written approval of his operation from Zoning and
he has repeated that several times. When I asked him for a copy on October 2 2021,he
declined. I submitted an Open Records request to Mr.Kozlowski for a copy on October 7 2021
and he indicates he can find nothing like that in his file. Mr.Toczek has continued to make
references of being"grandfathered in"as recently as last month.
It makes it seem as though someone may have conflated the rules of nonconforming structures
and the rules of nonconforming uses.
1
���- � 6
�uiy zo Zo2i
To: Jay Kozlowsici
Sawyer Count�y Zor��r:g Adrninistrator
Re: Formal Request for Written Det�rmination
Unpermitted Nonconforming Use
Parcel 012-740-16 1102
This is a formal request for a written determination from you� off�ce regarding the ;iew
operatior� of a r�sort o;i the above parcel which is zoned RR-1.
Address: 1iO3'_�W 4rrow �oad, Hayward WI
Owr�er: David To-.:zek DBA Old Arrow Resort LLC
For the thir�i time in the last 4 weeks both cabins on this property are being used as short term
rentals. This appears to be in violation of Section ?7-2 of the Sawyer County Zoning Ordinar�ce
�s well as Vliisc�nsin Statutes Chapter �9.69(10)(am) and 62.63(7)(h).
To ass;st you fin� encios��d a brief t-:��tory of the property, evidence of intent of commercfaf us�:
(alsa see oldarrowre��rt.com and Facebook), and a le�al opinion from an attorney from the
Wisconsin Towns Association.
I t`�arrk y��u i� advance for y�ur nrompt atten����� ti.• ';iis ma«er
���, �;�,. ..�.�
Doug
las-Kurtzw�eil
11055W Arrow Road
HaywarG WI 54843
1
Background/History
Nick and Sophie Dorazio acqulred the NENE of Section 16,T40N,R7W of the Town of Hunter in
1946. For just over 30 years they operated a small seasonal resort. In the late 1970s they sold
the South 3/4 of the East 1/2 of the NENE lying north of the Chippewa Flowage. The buyer
quickly surveyed his parcel to create 2 waterfront lots with 1 cabin each,2 waterfront lots with
2 cabins each,1 vacant waierfront lot,and 4 vacant packlots with a 25'lake access easement
lying along the west sid�of the vacant lake lo?
All lots sold quickiy and the neighborhood transiti�ned to o�ti ner occupied residential use. For
the last 20 years that has been primarily year round. To the best of my knowledge the entire
area has been zoned RR-1 since wel;before the turn of the century.
I bought my house in early 2000 from David and Nancy Dorazio. It is immediately west of the
above parcels and was never a part of the resort operation. The Toczek parcel abuts mine on
the east. It had/has 2 cabins on it. Through 2008 it was used as the typical owner occupied
seasonal property. Frank Toczek and his family members,in-laws,or occasionally co-workers
would be here off-and-on from May to September. For the next year or so the cabins were
used by family members for a couple weeks each year. From about 2010 through 2016 the
cabins were not used at ali,and being very bz<ic st:���:tures-✓e�00 years oid,they deter�c�at-d
to the point of being uninhabitable.
In avout 2017 a rrajor renovation p�oject commenced on th^east cabin. In 2020 the west
cabin was demoUshed and a new year round cabi�was begun and completed in June 2021.
I can find no evidence of'rental'or'iicense to rent'since the resort ceased operation in the late
1970s. It would seem the legality of this type of non-conforming use was extinguished by the
subsequent and complete non-use that occured for 6+years during the previous decade.
1
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OLD ARROW RESORT - Cabin Rentals, Vacation Rental https://oldarrowresort.com/
OLD ARROW RESORT FORMERLY OWNED BY THE DOROZIO ' S
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Old Arrow Resort
cabin rentals
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Are you ready for a great outdoor adventure?
We are a 4 season facility.
1 of 12 10/21/2021, 6: 10 PM
OLD ARROW RESORT - Cabin Rentals, Vacation Rental https://oldart'owresort.com/
ABOUT US!
A family heirloom "Oid Arrow Resort" is a place thaYs one of kind. Recently remodeled
you'll find that cozy old fashioned appeal mixed with modern upgrades. These lake
front cabins are sitting on a little over an acre of beautiful Northwoods land and have
access to a 44,000 acre lake, the Chippewa Flowage. Come up and share some
memories with us, we are certain you'il find them here.
• The Little Bear cabin (4 guests) is S800.00 weekly plus state and local tax.
Little Bear cabin is 3 season from May-October only.
• The Big Bear cabin can accommodate (6guests) and is 57200.00
weekiy plus state and local tax. The Big Beor Cobin is o 4 season cabin! Winter
sportsmen welcome.
• Additional guest rate 575.00 per person.
• A 5300.00 deposit is required to secure your reservation! when you check out your
deposit will be returned within 2 weeks after your stay.
• *Check in time on Saturday at 3 pm and check out time the following Saturday
at 10 am.
• 10% Military,Veteran, Firs[ Responder discount just ask!
+ SiTE CONTENT
5 of 12 10/21/2021, 6:12 PM
OLD ARROW RESORT-Cabin Rentals,Vacation Rental https://oldarrowresort.com/
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Included on your stay
Full Kitchen, refrigerator, stove and oven, microwave, coffee pot, kitchen table, sofa.
Full bath with a stand up shower,
Full acre of land with outdoor fire pit, BBQ pit, picnic table.
Private Dock with a public boat ramp less than 1/8 mile away.
Fish cleaning house with 2 sinks and bait storage refrigerator.
Not included in your stay
Bring your own towels and toiletry.
Bring your own shampoo and soap.
You may want to bring an extension �ord to run to the dock if you need to charge your boat.
6 of 12 10/21/2021.6:13 PM
OLD ARROW RESORT-Cabin Rentals,Vacation Rental https://oldarrowresort.com/
Discounts
Remember Military, Veterans, and First Responders get a 104b discount
Deposit and Cancellation Policy
$300 deposit is required to hold reservation dates, the amount is to be paid in full within two weeks
of your reservation. The remainder of your bill is due a week prior to your stay.
You can pay by check, money order(preferred), or by credit card. If you have to pay by credit card
there will be a 3g6 transaction fee.
If you have to cancel a refund will be processed only if we can fill the date. If expense is incurred in
renting your vacancy, a deduction will be made accordingly. your refund will be issued upon receipt
of deposit from guest filling your reservation.
Dog Policy- We are pet friendly
S100 dollar cieaning fee required
If your dog is like ours he/she is part of the family.
Your dog may be left in the cabin only if kenneled. please do not leave your pet unattended outside
or in your vehicle. A leash must be used at all times while on Old Arrow Resort property. You are
responsible for any clean up or damages done by your pet.
10/2 U2021.6:14 PM
7of12
�LD ARROW RESORT-Cabin Rentals, Vacation Rental https://oldarrowresort.com/
Additional information:
The Big Bear Cabin is a year round 4 season cabin. Little
Bear season starts the last weekend of May until the first
weekend of October. We are not a big resort with a bar
and restaurant. What we do have to offer is a quite and
peaceful place to go and enjoy nature and the great
outdoors. There is a public boat ramp less than a quarter
mile away by land or water, for easy and convenient
access. There are many wonderful restaurants in the area
and plenty to do in the town of Hayward.
Amenities:
Free WIFI, with a smart N with no cable, just local TV
stations and Netflix as we're hoping you will be enjoying
the great outdoors. Fish cleaning house/ bait storage.
Picnic table, BBQ pit, beautiful scenery sitting on acres,
along with private dock.
10/21/2021,6:15 PM
9of12
SAWYER
C O U N T Y a((��1,�,_;
��
Sawye� County Zoning & Conservation
10610 Main Street, Suite 49 Nayward, WI 54843
Direct (715) 638-32z5
E-mail: kathy.ma�ksCa�sawyercountygov.o�g
lanuary 31, 20Z2
Public Hearing Rescheduling notificotion for eoard of Appeals
Re: App #22-001
Doug,
This is the official notice for a change in meeting date for your Appeal Case fJ22-001. The
mee[ing date will be April 26, 2022 at 6pm in the large Courtroom of the Sawyer Coun[y
Courthouse.
If you have any questions please call or email me at the above information.
Kathy
Deputy Zoning & Conserva[ion Administrator