09-05-2006 - Laserfiche WebLink

Commission Minutes-September 5, 2006 3124 6. ABATEMENT HEARING, Applications denied for Ravmond Diemert Frank Klein, Director of Equalization, was present. He reviewed his investigation of the abatement application filed by Raymond Diemert for property described as Lot 7 Block 3, North of Track, in the City of Buffalo. The applicant is requesting the valuation be reduced from $2,000 to $1,000 total true and full value for 2005. Mr. Diemert stated on the application that the property is a "boxed in" single lot and therefore, cannot comply with building codes for potential improvements. He also indicated on the application that he is asking $1,500 for the land. Mr. Wagner asked how taxes would be affected and Mr. Klein said the difference would be about $16. Mr. Klein said it appears the lot may be suitable for a garage or storage building as long as the setback requirements are met. Ray Diemert, applicant, was present. He is concerned about the inequities with the assessment system in the City of Buffalo and discussed the substantial increase in valuation on all three of his properties. He also discussed the difference in values on the north side of the city in comparison to the south side and feels it is unfair that lot assessments are higher on properties that lie north of the railroad track. MOTION, passed Mr. Wagner moved and Mr. Vanyo seconded to deny abatement #4290 for Raymond Diemert, as recommended by the Director of Equalization. On roll call vote, the motion carried with Mr. Wagner, Mr. Pawluk, Mr. Vanyo and Mrs. Sorum voting "Yes" and Mr. Bennett voting "No". Mr. Klein reviewed his investigation of two abatement applications filed by Mr. Diemert for property described as Lots 4-11 Block 12, North of Track, in the City of Buffalo. The applicant is requesting that the residential lot valuation be reduced from $16,000 to $10,000 total true and full value for 2005 with Lots 8-11 valued at $4,000 and Lots 4-7 valued at $6,000. Mr. Diemert receives a veteran's exemption on his residence and according to the application he contends that residential lots, whether located on the north side or south side of the city, should have the same value per square foot. Mr. Klein said the applicant attended the 2006 County Board of Equalization with the same argument and the board did not take any action on his appeal. The City of Buffalo denied the request on Lots 8-11, but approved the request on Lots 4-7 without providing any explanation for their decision. Mr. Klein examined the assessment roll and found lots of similar size on the north side have the same valuation as the applicant's property. He said lots on the south side are valued less based on square footage. The City of Buffalo is divided in half by the Burlington Northern Railroad mainline track with the school and business district located on the north. He feels there is a difference of opinion on the comparative value of lots and said it is common assessment procedure to consider the neighborhood when valuing lots. Mr. Diemert distributed a letter sent to him from Phil Weshnevski, City of Buffalo Mayor, dated August 29, 2006. The purpose of the letter was to address Mr. Diemert's concerns regarding property and land assessment practices and that the city will consider his concerns at a future council meeting. Mr. Pawluk said as a commissioner, he will make his decision based on information and data provided by the tax director as well as the applicant. He feels that Mr. Diemert has not given any disputable evidence against the findings of the tax director.