Waupaca Chain O' Lakes Real Estate & Other News and Information

The Fifth Property Sells in 2012 on the Chain O' Lakes in Waupaca

noreply@blogger.com (Steve Huhta) — Mon, 14 May 2012 16:31:00 +0000

Spring is turning out to be an excellent season for selling property on the Waupaca Chain O' Lakes.

The fifth Chain property sale has occurred - on Taylor Lake.

This property on Park Lane was last listed for $345,000 and was originally listed for $474,900 in July of 2005. The current fair market tax assessment is $311,700.

The home/cottage has 2 bedrooms, 2 baths with 50 feet of waterfrontage.

New, Less Stringent Waterfront Regulations Passed in Madison

noreply@blogger.com (Steve Huhta) — Sat, 05 May 2012 12:20:00 +0000

By: Tom Larson, Wisconsin Realtors Association

On April 2, 2012, Governor Walker signed into law 2011 Wisconsin Act 167, legislation that grandfathers almost all existing piers. In addition, the new law eliminates the pier registration requirement and creates new standards for piers placed on or after April 17, 2012. Finally, the new law guarantees that waterfront property owners have a right to place a pier, even if the property is located in areas that the Wisconsin Department of Natural Resources (DNR) considers to be environmentally significant.

Grandfathering of Existing Piers - Under the new law, all existing piers placed before April 17, 2012 are grandfathered unless:

The DNR notified the riparian owner before April 17, 2012 that the pier is “detrimental to the public interest.” Or if the pier “interferes with the riparian rights of other riparian owners.” A pier that extends into a neighbor’s riparian zone, which is the water in front of the neighbor’s property, is an example of a pier that would interfere with the neighbor’s riparian rights.

Also, if the pier is grandfathered, the riparian owner may relocate or reconfigure the pier as long as the pier is not enlarged.

In addition, the riparian owner does not need to register the pier with the DNR in order to grandfather the pier. All existing piers are automatically grandfathered unless the pier meets at least one of the two exceptions previously listed.

New Piers

In addition to the grandfathering provisions, the new law creates a few different standards for new piers, which are piers placed for the first time on or after April 17, 2012.

First, the new law increases the boat density requirement under existing law to allow for personal watercraft, such as jetskis and waverunners. Under current law, waterfront property owners are allowed two boat slips for the first 50 feet of frontage and one boat slip for each additional 50 feet of frontage thereafter. Because a personal watercraft is often tied to a dock and is not placed in a “slip” or on a hoist or lift, the law is not clear as to whether any limits exist regarding the number of personal watercraft that a property owner may have. Accordingly, the new law allows riparians to have two personal watercraft for the first 50 feet of frontage and one additional personal watercraft for each additional 50 feet of frontage thereafter. This is in addition to the number of boat slips allowed under current law.

Second, the new law changes the maximum size requirement for loading platforms on new piers to 200 square feet in total area. Prior law allowed for a maximum width of eight feet wide but did not limit the total area. This change allows for greater flexibility in the size and dimensions of loading platforms so that riparian owners can determine what configuration would best meet their needs.

As a result of these changes, new piers can be placed without obtaining a permit from the DNR if the pier meets the following requirements:

•Width: No more than six feet wide.

•Length: No longer than what is necessary to moor your boat or use a boat lift, or 3-foot water depth, whichever is greater.

•Number of boats: Two boat slips/lifts for the first 50 feet of water frontage of your property, plus one more boat slip/lift for each additional 50 feet of frontage.

•Number of personal watercraft: Two personal watercraft for the first 50 feet of water frontage of your property, plus one more personal watercraft for each additional 50 feet of frontage.

•Loading platforms: A loading platform/deck with a surface area no greater than 200 square feet.

If a waterfront property owner wants to place a pier that exceeds these standards, a permit must be obtained from the DNR.

Nonconforming Wet Boathouses

In addition to modifying the pier regulations, the new law eliminates the restrictions placed on the ability of riparian owners to maintain and repair wet boathouses, which are located below the ordinary high water mark. The restrictions limited the value of all maintenance and repairs over the life of the property to 50 percent of the assessed value of the boathouses, which was intended to eventually eliminate these boathouses by forcing them to fall into disrepair.

The 50 percent rule has been unfair to property owners because it applies retroactively to existing boathouses that were legal when originally constructed. Moreover, the rule had proven difficult to enforce because it is almost impossible for county zoning administrators to keep track of each dollar spent on necessary paint, boards and roofing shingles. As a result, it encouraged property owners to be dishonest about what they have spent on repairs and maintenance.

The new law eliminates application of the 50 percent rule to wet boathouses. As a result, riparian owners may perform unlimited maintenance and repair to these existing boathouses that were constructed before 1979. This new law change allows property owners to “keep what they have” but does not allow the boathouses to be expanded.

Nonconforming Structures

Nonconforming Structures and Substandard Lots (SB 472): Protects the ability of property owners to perform unlimited maintenance and repair on nonconforming homes and buildings; prohibits counties from enacting regulations that are more restrictive than the regulations found in NR 115 with respect to (a) expanding nonconforming structures and (b) building on substandard lots.

Variances

Variances (expiration date) (SB 300): Establishes that variances do not expire unless an expiration date has been established by local ordinance or by the board of zoning appeals/adjustment at the time the variance was granted.

Dake Lake Property Sells

noreply@blogger.com (Steve Huhta) — Thu, 26 Apr 2012 11:56:00 +0000

The fourth property sale on Waupaca Chain O' Lakes has occured on Dake Lake. This is obviously a very good start to the selling season on the Chain. The Cleghorn Road property was listed for $235,000 and sold before the property appeared on the local Multiple Listing Service. The fair market tax assessment was $493,700.

The property has 130 feet of frontage on Dake Lake, almost a 1/3 of an acre of land and the home/cottage has 2 bedrooms.

State Pier Rules “Cleared Up”

noreply@blogger.com (Steve Huhta) — Tue, 10 Apr 2012 13:05:00 +0000

From Wisconsin Real Estate Magazine: Ch. 30 Regulatory Reform (SB 326): Makes significant changes to Chapter 30 for the regulation of activities near navigable waterways, including (a) elimination of the pier registration requirement; (b) guaranteeing that all riparian owners have a right to place a pier; (c) grandfathering all existing piers that are not subject to DNR enforcement actions; (d) allowing new pier loading platforms to be up to 200 square feet, and (e) allowing unlimited maintenance and repair for nonconforming wet boathouses.

The above obviously has a big impact on Waupaca Chain O' Lakes real estate owners as many piers on our lakes did not meet previous state guidelines and as a result, required the property owner to apply for a permit.

State Shore Land Zoning Laws are Changing

noreply@blogger.com (Steve Huhta) — Tue, 10 Apr 2012 12:58:00 +0000

At the Closing Bell - The Wisconsin legislature passed a few Wisconsin Realtor Association backed items that will have an effect on waterfront properties in our area:

Nonconforming Structures and Substandard Lots (SB 472): Protects the ability of property owners to perform unlimited maintenance and repair on nonconforming homes and buildings; prohibits counties from enacting regulations that are more restrictive than the regulations found in NR 115 with respect to (a) expanding nonconforming structures and (b) building on substandard lots.

Happy Easter

noreply@blogger.com (Steve Huhta) — Sun, 08 Apr 2012 13:10:00 +0000

Waupaca's K & E Construction Puts a New Roof on Miner Lake Home

noreply@blogger.com (Steve Huhta) — Sat, 07 Apr 2012 13:00:00 +0000

Cool Start to the Day on Miner Lake - Waupaca Chain O' Lakes

noreply@blogger.com (Steve Huhta) — Sat, 07 Apr 2012 12:22:00 +0000

Third Waupaca Home Sale of the Year

noreply@blogger.com (Steve Huhta) — Fri, 24 Feb 2012 21:05:00 +0000

Rarely do properties on the Waupaca Chain O' Lakes sell while the ice is on the lakes.

This year is clearly an exception with three sales so far this winter:

A 1,950 Sq Ft home on Bass Lake just closed.

This year around home had 3 bedrooms, two full baths, two decks and 50 feet of water frontage. The listing started in mid-2008 at over $500,000 and was most recently listed for $255,000.

Thinking of Buying or Hoping to Sell waterfront property?

Hire a Realtor who lives on a Lake and is a waterfront property expert to help you navigate the unique twists and turn of waterfront property transactions. And, hire a Realtor who tracking waterfront values daily – so you do not have to!

For a complete list of all waterfront properties for sale in this area and to get your “Waterfront Buyers Guide” which can save you tons of headaches and tens of thousands of dollars go to www.WaupacaWaterfront.com

Or…

For list of waterfront property transactions and for a waterfront sellers guide which could help you attract more out of town buyers and includes tips for maximizing your property’s value when selling – go to www.SellMyChainProperty.com

Steve Huhta 920-889-9989 Steve@Huhta.com

Reminder: Installing Carbon Monoxide Detectors - Its the Law and a Good Idea

noreply@blogger.com (Steve Huhta) — Tue, 21 Feb 2012 20:11:00 +0000

Many waterfront homes are older structures, which might have older furnaces. As a result, installing carbon monoxide detectors is a good idea – in fact, it is the law:

Effective February 1, 2011: the state decreed that all Wisconsin property owners must have carbon monoxide detectors on all levels (including basement, excluding attics) of one and two family homes. There’s no fine for not complying and there are no carbon monoxide detector police, just like with smoke detectors, but we should all comply.

The law is already in effect for multi-family homes in Wisconsin. For Wisconsin new construction homes the alarms will have to be hardwired into the home’s system. Existing Wisconsin properties may use battery operated units.

Waupaca Chain Boat Show

noreply@blogger.com (Steve Huhta) — Mon, 13 Feb 2012 22:36:00 +0000

Mark your calendars: the 6th annual Waupaca Chain Antique & Classic Wooden Boat Show & Parade is scheduled for Saturday July 14th at the Harbor Bar.

for more info or to show your boat: www.WaupacaBoatShow.com

Coolest House Siding Ever

noreply@blogger.com (Steve Huhta) — Sat, 11 Feb 2012 16:43:00 +0000

This has to be the coolest, no pun intended, siding ever installed on a house! Ya, it is real veneered tree bark - being installed on a Waupaca Chain, Strongwood Homes, building project. Nice work Thad and company!

Walley World Fisheree - Tent Set up

noreply@blogger.com (Steve Huhta) — Fri, 10 Feb 2012 18:57:00 +0000

Organizers are setting up the Walley World Fisheree tent on Taylor Lake today in a snow storm. Forecast is: 16 degrees on Saturday with a wind chill of 25 below

Stu's Flooring & Design Center in Waupaca, Now Doing Granite Counters

noreply@blogger.com (Steve Huhta) — Wed, 08 Feb 2012 18:00:00 +0000

New Legislation Would Take Aim at Nonconforming Waterfront Property Regulations

noreply@blogger.com (Steve Huhta) — Sat, 04 Feb 2012 15:15:00 +0000

This Miner Lake, Waupaca Chain O' Lakes property to the left is clearly a non conforming property as it is to close to the shoreline....

From the Lakeland Times:
Bill would allow unlimited maintenance, repair; codify NR115

It's still in draft form, but lawmakers are readying legislation that would take aim at the state's regulation of nonconforming structures, principally by allowing unlimited maintenance and repair and moving state shoreland zoning standards from administrative rule rubric to statutory standard.

The Wisconsin Realtors Association requested the legislation, according to an article posted on its website by Tom Larson, the WRA's vice president of legal and public affairs.

For decades, the state's nonconforming statutory language, not to mention its regulatory companions, has shrouded homeowners in a cloud of uncertainty about what they can or cannot do with nonconforming structures. This new legislation, the WRA states, would remove that uncertainty.

The idea, the story states, is to clarify for property owners how they can repair, maintain and improve legal, nonconforming structures, or buildings that met zoning requirements when they were built but no longer do. As the WRA acknowledges, there are a variety of ways an existing structure can run afoul of changing dimensional requirements: setbacks, height, lot coverage ratio, impervious surface coverage, or "any other regulation relating to the size or the placement of a building on a lot."

Unlimited maintenance and repair

First, the legislation would allow property owners to perform unlimited maintenance and repair.

"While zoning ordinances will change over time, such changes should not prevent or place artificial limits on the ability of property owners to maintain and repair their existing homes and buildings," the WRA states. "Protecting the ability of property owners to keep their homes in good condition and make necessary repairs will help encourage greater investment in homes, buildings and older neighborhoods."

Specifically, the WRA points out, the legislation would allow owners of nonconforming structures to maintain and repair their homes without limitations on the dollar value of such maintenance or repairs.

That would be a significant change because even under the state's revised shoreland administrative code, NR115, local governments can - and do - still impose the so-called 50-percent rule, which limits repairs, alterations and additions to nonconforming structures to 50 percent of a structure's equalized value.

Perhaps the most important change under the proposed measure would be to codify into law the regulatory framework of NR115.

"By placing this framework into the statutes, local governments would be effectively prohibited from enacting and enforcing regulations that are more restrictive," the WRA states.

That's important, the story continues, because even though the revised NR115 represents what the group calls "a more reasonable approach to regulating nonconforming waterfront homes and substandard lots," local governments are free to transcend them, including but not limited to the 50-percent rule.

"While these regulations achieve a better balance between private property rights and environmental protection, Wisconsin's shoreland zoning regulations are only minimum standards," the WRA states. "This means that local governments can adopt more restrictive regulations on nonconforming waterfront homes."

So, for example, while substandard lots may be built upon under NR115 if they have never been merged with adjacent lots, the WRA observes, a local government could prohibit such building or require them to be merged with adjacent lots under one owner.

The same is true of allowing unlimited maintenance and repair, or vertical expansion up to 35 feet between 35 feet and 75 feet of the water if local mitigation requirements are satisfied.

The accumulation of local restrictions affects property values, the WRA states.

"These restrictions impact the value of the property because purchasers are obviously unwilling to pay the same amount for a home with these restrictions as they would for the same home with no restrictions," the group asserted. "In addition, lenders are reluctant to offer financing because these homes are considered 'higher risk' due to the fact that restrictions placed on the ability to maintain, repair and improve these structures reduces the functional life on the structures."

A significant concession

That the WRA recognizes the need for nonconforming legislation signals a marked departure from its previous position. The WRA was in fact one of the most influential partners with the DNR in rewriting NR115, and signed off on the final version.

In so doing, the organization touted the rule's language on nonconformity as one of its strongest points precisely because it allowed unlimited ordinary maintenance and repair, as well as expansion in certain circumstances. As such, though new impervious surface requirements might make many existing homes nonconforming, it no longer practically mattered.

Larson said the protections for nonconforming structures mattered most for the WRA.

"The biggest thing was the nonconforming structures," Larson told the Milwaukee Journal Sentinel. He told the Chicago Tribune the same thing, calling the proposal, according to the newspaper, a fair compromise, especially for owners of nonconforming structures.

"You can basically keep what you have," he was quoted as saying.

The problem was, though that's what the rule stated, that's not what state statutes said was necessarily true, a fact the WRA is now acknowledging.

Indeed, in addition to the 50-percent rule, the law continues to allow counties to simply forbid any nonconforming residential structures to exist at all, and it endows towns with the same powers. The only restriction the statutes place on the elimination of nonconforming uses pertain to trade and industry, not residential ones.

The law reads: "An ordinance enacted under this section may not prohibit the continuance of the lawful use of any building, premises, structure, or fixture for any trade or industry for which such building, premises, structure, or fixture is used at the time that the ordinances take effect, but the alteration of, or addition to, or repair in excess of 50 percent of its assessed value of any existing building, premises, structure, or fixture for the purpose of carrying on any prohibited trade or new industry within the district where such buildings, premises, structures, or fixtures are located, may be prohibited."

To be sure, there is no evidence any municipality has tried to phase out or eliminate a nonconforming home based on that statutory allowance, but the language exists nonetheless.

Second Chain O' Lakes Property Sale in 2012

noreply@blogger.com (Steve Huhta) — Sat, 04 Feb 2012 13:54:00 +0000

Property sales on the Waupaca Chain O' Lakes are off to a good start in 2012, with a second sale. A 2,175 Sq Ft, 4 bedroom home with 122 feet of water frontage on Miner Lake has sold. The property was most recently listed for $699,000. It is rare for waterfront homes to sell when the ice is covering the lakes but, this year there have been two sold.

For a complete report and analysis of Waupaca Chain O' Lakes real estate sales or to get a complete list of all Waupaca Chain properties for sale please go to: www.WaupacaWaterfront.com

Thinking of selling Waupaca Chain O' Lakes real estate? Get a 16 page report which will help you attract out of town buyers and sell for the highest possible price go to: www.SellMyChainProperty.com

At Minus 2 Degrees This Morning this Activity Looks...

noreply@blogger.com (Steve Huhta) — Thu, 19 Jan 2012 18:23:00 +0000

Thinking of Selling Waterfront Property

noreply@blogger.com (Steve Huhta) — Wed, 18 Jan 2012 18:35:00 +0000

First Waupaca Chain Property Sale of the Year!

noreply@blogger.com (Steve Huhta) — Wed, 18 Jan 2012 01:45:00 +0000

It is rare indeed, for a Chain property to sell in January however, this Waupaca Chain, bank owned, Dake Lake home just sold after being on the market for almost 5 years. The original listing price was for $995,000 while the most recent listing was $589,000. The property has 80 feet of frontage on Dake Lake, 3,600 Sq Ft of living space and 4 bedrooms.

Corey at Peterson Marine is preparing to repower the Waupaca Chain Skiers boat – installing 2 big new Mercury engines.

noreply@blogger.com (Steve Huhta) — Tue, 17 Jan 2012 17:47:00 +0000

Low Level Air Plane - Chain Fly Over

noreply@blogger.com (Steve Huhta) — Sat, 10 Dec 2011 20:45:00 +0000

Neat fly over of the Waupaca Chain O' Lakes - You Tube video taken at a low level. Click Here

Go South, Go South - Will These Geese Get Froze Into Miner Lake

noreply@blogger.com (Steve Huhta) — Sat, 10 Dec 2011 19:39:00 +0000

Proposed Legislation Seeks to Modify Pier Regulations ... Again

noreply@blogger.com (Steve Huhta) — Sat, 10 Dec 2011 11:45:00 +0000

By: From Wisconsin Realtors Association by Tom Larson VP of Legal & Public Affairs for the Wisconsin Realtors Association

As part of Gov. Walker’s special session on jobs, legislation was introduced that seeks to streamline the permitting process and simplify regulations related to activities near navigable waterways. This legislation, SS AB 24/SS SB 24, makes a number of modifications important to waterfront property owners, including simplifying the pier grandfathering standards, protecting the ability of waterfront property owners to place a pier, and allowing unlimited maintenance and repair to wet boathouses.

Simplifying Pier Grandfathering Standards

Since the Pier Protection Act (2007 Wisconsin Act 204) was enacted into law in 2008, waterfront property owners have been confused about the pier grandfathering standards. The following is a list of pier regulations that have caused the most confusion:

•Location of platforms: If the platform is located near the shore, in the middle of the pier, five feet from the end of pier or anywhere else except at the very end of the pier, the platform is illegal and the pier cannot be grandfathered.

•Size of platforms (existing piers): If the platform is 12-by-20 feet or 240 square feet, the pier cannot be grandfathered. However, if the platform is 10-by-30 feet or 300 square feet, the pier can be grandfathered.

•Size of platforms (new piers): To add even more confusion, platforms on new piers have no overall square foot limitations. The only limitation is that they can be no wider than eight feet and cannot interfere with your neighbor’s riparian rights. As a result, a new pier can have a platform that is larger with more square footage than an existing grandfathered pier.

•Registration requirement: Requiring property owners to register their piers with the DNR to be grandfathered has been unsuccessful. During the last three years, less than half of the estimated 8 to 10,000 piers required to register with the DNR actually did. Those owners that did register often experienced significant processing delays, up to nine months, and experienced confusion regarding where the form can be filed. The law allows the form to be filed with the DNR or local registers of deeds.

SS AB 24/SS SB 24 clarifies the law by:

1.Grandfathering all piers placed before the effective date of the bill.

2.Allowing new piers to be placed without a permit if the surface area of the platform does not exceed 200 square feet, with no dimensional requirements or limits as to where the platform may be located on the pier.

3.Eliminating the registration requirement.

Right to Place a Pier

For over 140 years, Wisconsin courts have recognized that waterfront property owners have a right to place a pier. This right to place a reasonably sized pier without a permit has been codified in the Wisconsin Statutes. However under current pier regulations, this right does not apply if the pier is located in an area of special natural resource interest (ASNRI). If a property is located in an ANSRI, the owner must obtain a general permit in order to place a pier, which means that the property owner is not guaranteed the right to place a pier.

•The definition of ASNRI is overly broad. The definition of ASNRI includes any “area that possesses significant scientific value, as identified by the DNR.” This definition is vague and gives the DNR the discretion to designate any area to be an ASNRI. In fact, the term has been interpreted to mean not just a specific area in a lake, but the entire lake in some cases. As a result, property owners are being forced to go through a general permit process and are uncertain as to whether they can place a pier.

SS AB 24/SS SB 24 clarifies that the DNR may impose conditions on the location, design, construction and installation of a pier located in ASNRI waters, but the DNR may not prohibit the owner from placing a pier. This provision is intended to allow the DNR to determine the size, location and design of a pier to avoid any adverse impacts to sensitive areas like fish spawning areas and other sensitive habitats, but also protects the right of waterfront property owners to place a pier to access the waterway.

Unlimited Maintenance and Repair of Boathouses - Under current law, a limit is placed on the ability of property owners to maintain and repair boathouses located below the OHWM. The limit is equal to 50 percent of the assessed value of the boathouse, which is intended to eventually eliminate these boathouses by forcing them to fall into disrepair.

The “50 percent rule” has been unfair to property owners because it applies retroactively to existing boathouses that were legal when originally constructed. Moreover, the rule has proven difficult to enforce because it is almost impossible for county zoning administrators to keep track of each dollar spent on necessary paint, boards and roofing shingles. As a result, it encourages property owners to be dishonest about what they have spent on repairs and maintenance.

SS AB 24/SS SB 24 eliminates the 50 percent rule and allows unlimited maintenance and repair to these existing boathouses that were constructed before 1979. This would allow property owners to “keep what they have” but does not allow the boathouses to be expanded. Moreover, allowing unlimited maintenance and repairs to existing, nonconforming boathouses would make these regulations consistent with recent changes to Wisconsin’s Shoreland Zoning Regulations (Wis. Admin. Code Ch. NR 115) which eliminated application of the 50 percent rule to nonconforming structures and now allows unlimited maintenance and repairs to these structures.

Ice Finally Forms on the Waupaca Chain O' Lakes

noreply@blogger.com (Steve Huhta) — Sat, 10 Dec 2011 02:16:00 +0000

As usual, Bruce at Becker Marine got the last of his boats out of the water just before the ice formed on Limekiln Lake last night. If you were up very early or if you stayed up very late and lived on the lakes, you saw the almost full moan shinning across the newly formed, crystal clear ice. I was still in bed but, my wife said it was a neat thing to see, looking west across Miner Lake as the moon went down.

Chain Access Property Sells

noreply@blogger.com (Steve Huhta) — Thu, 08 Dec 2011 04:34:00 +0000

This 3 bedroom home on Crestwood Drive, off of Hwy 54, sold in November. The property is not a waterfront home but does have deeded access to Otter Lake on the Waupaca Chain O' Lakes. There are many very nice homes on Crestwood Drive with this same type of access to the Chain. Most recently, the property was listed for $250,000.