Assessment Review Board
Commission de révision de l’évaluation foncière
ISSUE DATE: April 11, 2016
Assessed Person(s): Hannah Funeral Homes Ltd.
Appellant(s): Lindsey Hannah
Respondent(s): Municipal Property Assessment Corporation (“MPAC”) Region 5
Respondent(s): Township of Stone Mills
Property Location(s): 6689 Wheeler Street
Municipality(ies): Township of Stone Mills
Roll Number(s): 1124-110-060-24100-0000
Appeal Number(s): 3059940, 3073025 and 3145554 (deemed 2016 appeal)
Taxation Year(s): 2014, 2015 and 2016 (deemed appeal)
Hearing Event No. 597431
Legislative Authority: Section 40 of the Assessment Act, R.S.O. 1990, c. A.31, as amended
Heard: September 18, 2015 in Centreville, Ontario
APPEARANCES:
Parties Hannah Funeral Homes Ltd. MPAC Township of Stone Mills
Representative Lindsey Hannah Marsha Blakely C. Beaushaw
DECISION OF THE BOARD DELIVERED BY CRISTINA MARQUES
ISSUE
1The subject property is a funeral home with an attached residence located in the village of Tamworth. It is a corner lot with 42,688.8 square feet (“sq. ft.”) with 257.4 feet (“ft.”) of frontage on Wheeler Street and 105 ft. on Ottawa Street. The lot is improved with a 3,757 sq. ft. building built in 1895, and a 4,484 sq. ft. addition built in 2012, for a total floor area of 8,241 sq. ft.
2The assessment for 2014 and 2015 taxation years was returned at $625,000, apportioned between the commercial and residential property classes as follows:
- Residential (Full) (“RT”) property class $112,000
- Commercial (New Construction) (Full) (“XT”) property class $513,000
3Marsha Blakely, appearing for MPAC, recommended a reduction in the assessment as follows:
- RT property class $105,000
- XT property class $476,000
4The recommendation is based on an equity adjustment and results in a total assessment $581,000.
5Both parties agree that the best approach to determine the current value of this property is the direct sales comparison approach. The dispute before the Assessment Review Board (“Board”) is centered on the comparables to be used to determine the correct current value of the property.
6Lindsey Hannah, the owner, takes the position that the assessment for the subject property is too high in comparison to similar properties which are also used as funeral homes. He is of the opinion that a more realistic current value is $400,000.
DECISION
7The Board is required by the Assessment Act (“Act”) to do two things in determining the amount for which the assessment should be made:
- Section 44.(3)(a) requires the Board to determine the current value of the land. The Board finds that the current value of the property is $625,000 as of January 1, 2012.
- Section 44.(3)(b) directs the Board to have reference to the value at which similar lands in the vicinity are assessed and adjust the assessment of the land to make it equitable with that of similar lands in the vicinity if such an adjustment would result in a reduction of the assessment of the land. The Board finds that an assessment at current value, as determined above, is not equitable and that an adjustment is required.
8The assessment for 20