Section 4 Answer to Petition.pdf
Kevin Michael Marsee Petitioner V Township Of Fenton Respondent · 26-002725-TT
Text extracted from the reviewed PDF, organized by page. OCR and reading order may contain errors; confirm details in the PDF below.
Page 1
Section 4 ANSWER: The subject property is located within the gated community of Chateaux Du Lac in Fenton Township, Genesee County, Michigan. Chateaux Du Lac is a unique residential development that offers amenities owned and maintained by the association, including a clubhouse, swimming pool, tennis courts, waterfront common areas, and extensive wooded surroundings along Silver Lake. It is the only gated community within Fenton Township with these types of privately owned community amenities. All units within Chateaux Du Lac are granted riparian rights, including designated docking and mooring privileges. Although most individual unit boundaries do not physically extend to the water's edge, the waterfront areas are maintained as common elements. Unit owners nevertheless enjoy water access, docking rights, and lake views. As a result, valuation of these units is based on a backlot/waterview front foot rate that recognizes the market value contribution of riparian access and associated lake privileges. There are a total of 42 units/lots and a maximum 80 boat slips approved. The subject is an interior unit that benefits from views of the common waterfront areas and possesses the same riparian rights, docking, and mooring privileges afforded to other property owners within the development. These features are not commonly available in typical subdivision lots and contribute significantly to the property's market value. The petitioner references two vacant lots within Chateaux Du Lac, including the subject property and one additional vacant lot. These lots are among the smallest and least desirable sites within the development because they were among the final lots remaining after the subdivision was established in 1986. While there are other lots within the development of similar size (approximately 0.18 to 0.19 acres) and several additional lots in the 0.22-acre range, the larger sites generally command greater market appeal. The subject's smaller size has been considered in the assessment process. As the value on the land is weighted heavily on the amenities and riparian rights. The Township's land study established a value of approximately $161,000 for properties possessing riparian rights, docking, and mooring access on Silver Lake and Marl Lake. This value was derived through analysis of both vacant land sales and the land residual method due to the limited number of vacant land transactions involving comparable riparian rights. The two vacant lot sales referenced by the petitioner were not utilized in the Township's valuation study because they were not considered representative market sales for properties possessing similar riparian rights and amenities. It is reasonable to conclude that these sales reflected the diminished market demand associated with being among the final remaining lots in the subdivision and their relatively inferior characteristics compared to larger, more desirable sites. The petitioner also relied upon vacant land sales lacking comparable riparian rights, docking and mooring privileges, gated community benefits, and neighborhood amenities. No adjustments were
Page 2
made to account for these significant differences. The Township's analysis indicates that comparable non-riparian subdivision lots range in value from approximately $70,000 to $78,500. Applying market-supported adjustments for gated community amenities and riparian docking and mooring rights results in a value conclusion of approximately $91,000. The Township acknowledges that the subject is a smaller lot and may not accommodate the larger homes found elsewhere within the development. Existing residences range from approximately 1,684 square feet to 9,530 square feet of living area, with building footprints ranging from approximately 1,284 square feet to 6,554 square feet. However, the subject is buildable and not considered unbuildable. Based on current Township setback requirements of 30 feet in the front yard, 35 feet in the rear yard, and 10 feet along each side yard, the estimated buildable footprint is approximately 41 feet by 55 feet, or approximately 2,200 square feet. The subdivision is currently served by a shared well system that has experienced operational and water quality issues in recent years. The State of Michigan has not approved the installation of an additional shared well system within the development. Due to ongoing concerns regarding water quality and system reliability, public water service is in the process of being been extended to this subdivision. The expansion of public water infrastructure was undertaken to address the necessity for a safe and reliable water supply and will ultimately benefit properties within the development. While the petitioner references the purchase price of the subject property, the Township's assessment is based upon the market data available and analyzed as part of its valuation process. The market evidence supports a value conclusion that exceeds the property's purchase price. However, given the subject's unique characteristics and smaller lot size, the Township acknowledges that an individual review of the property may be appropriate. The Assessor welcomes the opportunity to discuss the matter further with the petitioner.