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Home My WebLink About1998-06-08 98-258 ORDERCOUNCIL ACTION Item No. 98-258 Item/Subject: Authorizing Refund of Property Tax Overpayment for Property at 88 Walter Street to Estate of Richard F. Tracy Responsible Department: Legal/Finance Commentary: In November, 1995, property located at 88 Walter Street lost its grandfathered non -conforming status as a commercial property, due to discontinuance of the prior non -conforming use e for a period of one year. As a result, permissible uses of the property now consist of those uses that are allowable in the R-9 residential one. The existing structure on the property, a 48' x 6D' single - story masonry block garage building, is poorly suited for residential use. The building owner, Richard F. Tracy of Brewer, died on may 2, 1998. Allison Ringwood, daughter and personal representative of Mr. Tracy, subsequently requested a reassessment of the building, based on the existing residential zoning. As a result, the (cont'd on next page) Ul//'� "<<i' DepaYCmenC NEad Associated Information: te*r da}e S-17-7$' ropff % rerord ted. r Budget Finance Director N4 t City So icitor , Introdpced For Passage FirstReading Referral ral Page --L_ of 3 building's assessment for F 1999 was reduced from $24,500 to $8,500. However, the applicable periods in which to apply for abatement of the FY 1996, 1999 and 1998 property taxes had expired prior to Ms. Ringwood's request. Although the City Council is not authorized to grant a valuation abatement, the Council may legally consider the moral obligation of the estate's tax refund claim based on the apparent over - assessment. The attached Order would authorize payment of a property tax refund in the amount of $1,055.14 to the estate of Richard F. Tracy, in exchange for a release of the estate's claim. The $1,055.14 refund amount is based on a recalculation of taxes that would have been paid on the property for FY 1996-1998, had the building been assessed at $8,500. Taxes based on the assessed value of the land have not been adjusted. The Finance Committee has reviewed this matter and recommends approval. Amipn to Caun Ror teen June 8, 1998 CITY OF BANGOR (p Autho n 1. g Refund of Property Tax overpaym11 ent for rberr 1. Property at 88 Walter Street to Estate of Richard P. Tracy By W City Coyxd! of W City of Beaver. TUT the City Treasurer is hereby authorized to issue a refund in the amount of $1,055.14, without interest, to the estate Of Richard F. Tracy, as a partial refund of property taxes assessed against property located at 88 Walter Street, tax map 25, lot 120, account no. 03236, for fiscal years 1996, 1997 and 1998. The refund shall be paid to Allison Ringwood, personal representative of the estate. The Treasurer shall issue the tax refund upon receipt of (1) written evidence of the appointment of Allison Ringwood as personal representative and (2) an executed release of the estate's claims, in a form approved by the City Solicitor. IN CITY COUNCIL June 8, 1998 Notion for Passage made and seconded Passed 98-258 O ROER Title, Authorizing Refund of Property Tax Overpayment for Property at 89 Walter Street to Estate of Richard F. Ti32Y................................. ...................................... �G. Assigned to ............ Councilman Alison Ringswod ae arewswa BrewMer, Maine 04912 May 17, 1998 Bangor Cey Coundl City of Bangor, ME Finandel Committee City Hell 441PE�ME Bq ojl 7'3 Harlow 5{rrrF Shea PropeM Ta a eB Welter Sued To Morn B May Concem: In daring the elate amY falls, Richard F. Tmq, Who passed aeayon McY2.1998,1 founts What I Consisted to he an at* 16 Me mammon &the property IPoated at 88 Waltz Street, Braga Ttmt Property was sett anti usetl fa commarclat use uMi11990. N1991 Ma enBre ereaeas el,tutOxeuae Me pop9lty Was in useatMe tlme,lego greMNMered last Mets oche properly vacalai in November lege, wM November1 nolled my lather Mat lro prope-ho moo no lonllar be used orcom In eaglbHtyt♦yapatMera rewMe, indudi,g tat Ooamab and mmsartmnts, sea stress tleepite In um slate; gra tax assessment continued M commerdel value. Hoe oena Properly that hes been awned for residential use he lased a a oemmedal v&ue9 I spoke with the people in 8ro assessmem Ol end Wished the Ncho" and the popery ares lmmmilemAY resesemild at Me residential value. 1 content that the has aseeumeM BY the yaa-S 1 R 1987 and 1898 was Incorrect due to valuing the prapely at a commercial value, ant Mat this CIN of Bangor amen the assate a Ronald F. T eMeamn�in the texratead avatuatbnator Mose yeses. bpersonal repreaentelivaa Mateebte, ]am reP+esting time on Ma pante ante Beryry CiN Covrd meetiig EEheduletl far June i, legal. 1 am staying here n Maine tenure aspera WhPoseahandlin9 Me estate matters, and neadto 6aeM to this in a Brusly manna. Can you more someone wMaCt has as soon as possible ragediig tlta Jure 1 omeCO meaning to appdm me ante agenda? Mile haze in Bangor, I cart iro conreaed etzgT-88981gz Respegl�Wly, �eefno-y. J Affacn Ringwood Personal Representative for the Esme a Rical F. Traq I(T CITY OF BANGOR MAV iOT/2 10 ACCOUNT NO: Q ADDRESS St.CARD NO.' . OF I JTRACY RICHARD F L 30 BRE'J„H ST ROS(fu 4yY C JI HAi �5 ASSESSMENTRECORO a YEAR LANG BUILDING$ E%EMPT - TOTAL '!BREWER 1211 jl '- PRDV3877Pl3e. i TRACY RICHARD 18 �P 0 BOX 430 BOONVILLE CA d491[ 09/49 ROSEMARY C JT ;132351 MAP 25 120 g .Py 9/00 /O Pao / O 1988 10.700 18,500 0 1969 11 19Jf1 In, 4iIN 0 'Spm 199n tsr In 22r7ao 8 29,400 30,709 33I D10 45415 991 14,500 23r1O0 0 32,800 PROV3527P184. 09/84 01236 1992 15,900 230300 0 39,200 i 'TRACY RICHARD P S 38 BREWER STREET?' ROSEMARY C JT 2 Y199R 025 120 ^ /� 1993 1994 159900 231300 15.900 23.300 O 0 39^200 39.200 BREWER ME 04412 O SL 1995 15.900 23.300 0 39.200 V3577P184 0984 00279111996 Ikk ELL I IV 1992 15,900 23,300 150900 23,300 0 0 39,20D. �! 19,200 ICI - -1,mWES"m LEVY p 1998 16,300 24,500 0 90,800 TRIC:00279 HAP/LOT:025-120 C08:03236 ALIFLOV LEVEL EVILAWIT11 I'VE, 19 a LAND DATA / cir `mos.. NOTES , L Lc'o aip az xN`ygE t 11 VVEE "" — -- - --- - - - --- — ..r. VEME ,,,.ar -- -- — " — --- — wr,ar --- _ '------- --- — e .,wo......e..o,m ,r,.,.,,... ...,o. ..<. RAGE w' , LE r. ---- A BUILDING RECORD CARD NO. I'1 GESCPIP90N I MEN 2 v�y . . . . . . . - LEM, . cuu.m.. o .. . . . . . ... .. .