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Section 4 Answer to Petition.pdf

Kevin Michael Marsee Petitioner V Township Of Fenton Respondent · 26-002725-TT

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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

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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.

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