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HomeMy WebLinkAboutBOR - April 11, 2011C I T Y O F ND OVE ANDOVER BOARD OF REVIEW APRIL 11, 2011— MINUTES The Annual Board of Review was called to order by Mayor Mike Gamache at 7:00 p.m., Thursday, April 11, 2011, at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers Present: Sheri Bukkila, Don Jacobson, Mike Knight, Julie Trude Councilmembers Absent: None Also Present: Mike Sutherlund, Anoka County Assessor Jason Dagastino, Anoka County Residential Assessor John Leone, Anoka County Commercial Assessor Jim Dickinson, City Administrator Molly Johnson, Appraiser Mayor Gamache noted that official notices of the public meeting had been sent to the homes of 10 residents and is posted outside the Council Chambers. He explained the purpose of the meeting and advised that they would only review assessments from the current year. Mr. Dagastino reported the Residential Property Value for 2011 is $2,255,669,100 for Residential and $108,543,000 for Commercial Industrial for a total estimated market value of $2,364,212,100 with a Percent of Change -4.8 %. The evaluation notices went out the second week of March. 41 calls were received and 16 properties were reviewed. For every property and land zone in Andover, values went down. There were 220 "good sales" and there were 160 sales under duress (foreclosures and short sales). $220,700 was the average selling price in 2010. Jim and Marie Miller, 624 142 Avenue NW, PIN#28- 32 -24 -33 -0118 Mr. Jim Miller, 624 142 n Avenue NW, stated he has never had any official business with the City before this evening. He stated Jason visited his property after he had called requesting his property be re- assessed. His petition is based on a devaluation of his property based on a carcinogen smoke hazard (wood burner) on an adjacent property. The neighbor next door burns a constant fire throughout the winter. He believes this issue will continue. He has complained about the smoke to the neighbor. Mr. Miller asked his neighbor if the fireplace is ever shut down. The neighbor responded it is a very expensive fireplace, designed to heat the house and reduce the cost of natural gas. Mr. Miller was also told he needed to get "green" and stay indoors if he does not like the smoke. Mr. Miller stated he loses 35% of the enjoyment of his property due to the smoke. Mr. Miller stated the neighbors haul in truckloads of wood. The man of the house does not work during the winter months so he is home and runs a continuous fire. 10 He is concerned that the carcinogen particles are going to find their way into his house. He did Andover Board of Review Meeting Minutes —April 11, 2011 Page 2 © look into selling the house. He was told he has special knowledge and is required to tell a potential buyer of his experience with his neighbor. He is concerned he has a property he can't sell and is over valued. He had no complaints before February 2010 when the fireplace began being used. He fears retaliation from the neighbors. He believes if the taxes are lowered he may have a chance of selling his house. This is his second new home in Andover. Mr. Dagastino stated the original value was $217,000. He visited the property and feels $217,000 is a fair value for the property. Councilmember Jacobson asked if there was any statute relating to issues such as this. Mr. Dagastino stated not that he is aware of. Councilmember Knight asked if Mr. Miller had spoken to a real estate agent. Mr. Miller stated he spoke with someone in real estate, but not to the extent of discussing selling. He was told about the "special knowledge" issue. Councilmember Trude stated the Council cannot assume there are particulates being burned without more knowledge. There can be a wood burning odor without it being dangerous. Mr. Miller stated he visited with an environmental expert regarding this. He was told his experience was dueling scientists. Mr. Miller has tried to find out more about this fireplace. He researched the building permit and there was not a lot of information available. Councilmember Jacobson stated after hearing Mr. Miller's appeal and Mr. Dagastino's © comments he does not feel the City can remedy anything at this point. Mr. Dagastino stated he spoke with two other assessors and Ms. LeDoux, Anoka County Commissioner. Councilmember Trude stated she does not feel this concern merits a decrease in value. Councilmember Bukkila stated she feels this is between Mr. Miller and his neighbor. Wood burning fireplaces are common place in Andover. Mayor Gamache stated he agrees there was not much information available with the request for a building permit. He suggested Staff should require more information when building permits such as this are received. The height of the smoke stack is based on the height of the house it's attached to not the height of the neighboring home. Mr. Dickinson stated the stove that was installed and it is in compliance with the Building Code adopted by Andover. The City does have photographs of the stove, but it is not the practice for the City to share photos inside people's homes. Councilmember Knight stated he heard the issue is the height of the smoke stack. Mr. Miller provided photographs for Council review. Mr. Dickinson showed some additional photographs. © Mr. Miller agreed with Councilmember Trude that the building code is set to protect the homeowner who is installing a wood burning stove. Andover Board of Review Meeting Minutes —April 11, 2011 Page 3 Mayor Gamache suggested for the long range plan issues such as this should be considered. Motion by Jacobson, Second by Bukkila, to deny the devaluation request, after consulting with the County Assessor and others, and keep the current value of the property. Councilmember Jacobson stated June 13' is County Board of Appeal where Mr. Miller could bring his concerns if he wishes. Mr. Miller stated he appreciated the Council's time and the fact Jason came to visit his home and offered to visit again next winter. He will not be making an appeal to the County. Mayor Gamache suggested if Mr. Miller had spoken with a real estate agent and found the selling price of his home would be reduced that information would be considered by the Council. Mr. Miller stated he may gather more information and appeal to the County Board. Councilmember Trude stated the County Assessment Board is not necessarily the Anoka County Commissioners. Motion carried unanimously. © ADJOURNBOARD OFREVIEW Motion by Jacobson, Seconded by Trude to close the meeting. Motion carried unanimously. The meeting adjourned at 8:00 p.m. Respectfully submitted, Debbie Wolfe TimeSaver Off Site Secretarial, Inc. r�