Decision and Order
IN THE MATTER OF AN APPEAL PURSUANT TO S. 50 OF THE ASSESSMENT ACT
CONCERNING:
AND
Assessor Of Area #04 - Central Vancouver Island
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Appeal No.: |
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Refer to as: |
661 Campbell Street v. Area 04 (2010 PAABBC 20091464) |
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Date of Decision: |
January 8, 2010 |
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Properties: |
04-70-580-00104.004, 638 Neilson Place, District of Tofino 04-70-580-00104.016, 637 Neilson Place, District of Tofino |
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Heard: |
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Submissions: |
From the Appellant, received April 29 & August 14, 2009 |
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From the Respondent, received September 24, October 8, and November 6, 2009 |
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Board Panel: |
Sheldon Seigel, Panel Chair |
INTRODUCTION
[1] The Properties consist of two residential lots in the township of Tofino.
[2] Lot 2 is .46 acres in area with 93.8 feet of frontage on Neilson Road and 95.1 feet of frontage on Campbell Street at the rear. It has a roughed-in driveway and is treed and when the trees are cleared it will have views of Clayoquot Sound.
[3] Lot 8 is irregular in shape and is .63 acres in area with 170.9 feet of frontage on Neilson Road. A 2 metre linear parkway abuts the eastern and southern lot lines. It has a roughed-in driveway and site preparations for a future home have begun.
[4] The current assessment of land and improvements is:
Lot 2:
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Land |
$ |
235,000 |
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Improvements |
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0 |
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Total assessment |
$ |
235,000 |
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Land |
$ |
246,000 |
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Improvements |
$ |
0 |
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Total assessment |
$ |
246,000 |
[5] The issue is whether the Properties are assessed at actual value.
Evidence and FINDINGs
[6] The Appellant, Mr. Le Fevre, provides written submissions dated April 23, 2009 (received by the Board April 29, 2009), and August 13, 2009 (received by the Board August 14, 2009). These submissions consist of a copy of the Property Assessment Review Panel decision notice and two typed pages of submissions.
[7] In those submissions, Mr. Le Fevre says that the assessed value should be $190,000 for each lot, for the following reasons:
[8] The Assessor provides written submissions dated September 24, 2009 consisting of an appraisal report, authored by Bill Wilson and dated September 24, 2009, and October 8, 2009, consisting of a single page indicating that qualified appraisal and equity review has been provided and asking that the Board confirm the 2009 Roll. Additionally, the Assessor provides a submission received November 6, 2009, that consists of a rebuttal of the submissions made by Mr. Le Fevre. In his submissions, the Assessor says he valued the Property based on market value as of specific dates as he is obliged to do. In support of its assessment of the two lots the Assessor provides an appraisal report authored by Bill Wilson, dated July 1, 2009. In it Mr. Wilson utilizes several recent land sales in a direct comparison approach to valuation.
[9] The Assessor says the comparable sales reflect the market value at the time of the sales, and in particular, that the prices declined significantly in Tofino in the latter part of 2008. He says that this explains the assessed values as of the valuation date being higher than the realized sale prices late in 2008.
[10] In the appraisal report, Mr. Wilson identifies six comparable sales in the direct comparison approach for each lot. Two of those comparables are on Neilson Street, the same street as the Properties.
[11] Sale 1 is .44 acres and sold in February 2008 for $225,000. Sale 2 is .46 acres and sold in April 2007 for $265,000. The other four comparables support, to a lesser extent, the appraised values of the properties, and the market prices of Sales 1 and 2.
[12] Mr. Wilson considers the recent lower sales of some lots on Neilson Place, and says:
The April 2009 sale of 637 Neilson Place [Lot 8] for $170,000 and the August 2009 sale of 638 Neilson Place [Lot 2] for $175,000 were not unexpected. Prices declined significantly in Tofino in the latter part of 2008. A vacant lot at 700 Ocean Park Drive sold in July 2009 for $120,000, some $50,000 below the sale prices indicated by [Comparable] Sales 5 &6. These changes will be reflected for the 2010 roll.
Decision
[13] The appraisal report includes Mr. Wilson’s resume. I find that Mr. Wilson is qualified to give his opinion about the value of residential real estate lots in the Tofino area.
[14] Mr. Wilson considers location, view, lot size, time of sale, and circumstances of sale (one of the comparables was sold as part of a multi-lot package with a discount on each individual lot) and concludes values of $235,000 for Lot 2 and $245,000 for Lot 8 based most heavily on the two comparable sales on Neilson Place.
[15] The comparable sales are good relative matches because they are on the same street and both are vacant, and of similar size and quality. The adjustments required to compare them to the Properties are small. This similarity gives the conclusion based on the Direct Sales Approach considerable weight and reliability. Accordingly, I find Mr. Wilson’s appraisal to be reasonable and in accordance with the proper methodology for valuing residential real estate. In particular, I find reasonable, the notation in the report quoted above that explains the apparent irregularity of having lower realized sale prices for the Properties than would be indicated by the assessment. I, therefore, accept the appraisal report as providing a reasonable valuation of the Properties.
[16] Mr. Le Fevre provides no persuasive evidence as to the actual value of the Property.
ORDER
[17] The Board confirms the decision of the 2009 Property Assessment Review Panel as follows:
Roll No. 04-70-580-00104.004:
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Land: |
$ |
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Total Assessed Value: |
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$ |
Roll No. 04-70-580-00104.016:
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Land: |
Class 1 - Residential |
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246,000 |
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Total Assessed Value: |
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$ |
246,000 |