Land Use and Zoning: Denial of Personal Residence Exemption

lundi 9 mars 2015

My question involves real estate located in the State of: Michigan



Hello, I was recently notified by our township that the area above our garage is no longer exempt and we were assessed a percentage of our homestead minus that area above the garage and charged back taxes for the past three years. We were told the area above the garage is not part of our primary residence because it is, 1) a finished living space, 2) it is detached from our house, and 3) it has its own entrance and its use has no barring on the assessment.



I believe we have been erroneously assessed. Although we have improved the area above the garage, it is not yet finished or habitable. We have completed projects as time and budget allowed but we didn't use it much so it was a low priority to finish. There are still projects to complete including a fire barrier in the garage below the area. Since this is not yet complete the area above the garage is not habitable. The township claims it is finished and just because the garage below isn't finished does not negate the fact it is a finished living space.



Secondly, the garage structure is attached to the main structure via an enclosed, finished breezeway.



Finally the additional driveway to the area above the garage is for parking. We enter the house using the secondary entrance above the garage. The area is unoccupied and used for storage. The use of the space has importance to the case.



If anyone has any information either for or against my case I would greatly appreciate your input. Thank you.





Land Use and Zoning: Denial of Personal Residence Exemption

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