HomeMy WebLinkAbout20091294.tiffRESOLUTION
RE: APPROVE PETITION FOR ABATEMENT OR REFUND OF TAXES - BRENT HAUGEN
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners of Weld County, State of Colorado, at a
duly and lawfully called regular meeting held on the 1st day of June, 2009, at which meeting there
were present the following members: Chair William F. Garcia, and Commissioners Sean P.
Conway and David E. Long, with Commissioners Barbara Kirkmeyer and Douglas Rademacher
being excused, and
WHEREAS, at said meeting on June 1, 2009, the Board of County Commissioners deemed
it advisable to continue said matter to June 8, 2009, at 9:00 a.m., to allow the Assessor to conduct
another on -site evaluation of the petitioner's property, and
WHEREAS, the Board of County Commissioners of Weld County, State of Colorado, at a
duly and lawfully called regular meeting held on the 8th day of June, 2009, at which meeting there
were present the following members: Chair William F. Garcia, and Commissioners Sean P.
Conway, Barbara Kirkmeyer, and David E. Long, with Commissioner Douglas Rademacher being
excused, and
WHEREAS, the Board of County Commissioners have carefully considered the attached
petition, and are fully advised in relation thereto.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Board concurs with the recommendation of the assessor and the
petition be and hereby is, approved, and an abatement or refund be allowed as follows:
CORRECTION
TO ASSESSED
VALUATION
ABATEMENT
OR REFUND
TAX
YEAR
$13,090.00
$1,024.43
2007
$13,090.00
$1,132.38
2008
0 C I, As, P�-t-
2009-1294
/ AS0072
TAX ABATEMENT PETITION - BRENT HAUGEN
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 8th day of June, A.D., 2009.
ATTEST:
Weld County Clerk to the Board
BY: 1 �e,, 517.27 -
Deputy 'Clerk to the Board
ORM: (AYE)
County Attorney
Date of signature
l/t/oq
BOARD OF CTY COMMISSIONERS
is,
WELD
OLORADO
ra Kirkmeye(r
c-1 C
David E. Long
(AYE)
2009-1294
AS0072
County: Weld
PETITION FORLABATEMENT ORtREFUND OF TAXES
STAff r Coo O
Date Received 2- d Z
2009 JUL -8 PH 2: 52
Section I: Petitioner, please complete Section I only.
Date: 01 23 2009
Month Day Year
Brent Haugen
Petitioner's Name:
Petitioner's Mailing Address: 9725 Del Camino Ln
(Use Assessor's or Commissioners' Date Stamp)
Longmont
CO 80504
City or Town
SCHEDULE OR PARCEL NUMBER(S)
1311-11-7-05-036
R5405786
State Zip Code
PROPERTY ADDRESS OR LEGAL DESCRIPTION OF PROPERTY
9725 Del Camino Ln 80504 a
Petitioner states that the taxes assessed against the above property for property tax year(s) 2007 and 2008
are incorrect for the following reasons: (Briefly describe the circumstances surrounding the incorrect value or tax.
Attach additional sheets if necessary.)
See Attachments
Petitioner's estimate of value: $ ( ) and $ ( )
Value Year Value Year
Petitioner requests an abatement or refund of the appropriate taxes.
I declare, under penalty of perjury in the second degree, that this petition, together with any accompanying exhibits
or statements, has been prepared or examined by me, and to the best of my knowledge, information and belief, is
true, correct, and complete.
Petitioner's Signature
Daytime Phone Number (303 ) 875 3
By Daytime Phone Number I
Agent's Signature*
*Letter of agency must be attached when petition is submitted by an agent.
If the board of county commissioners, pursuant to section 39-10-114(1), or the property tax administrator,
pursuant to section 39-2-116, denies the petition for refund or abatement of taxes in whole or in part, the
petitioner may appeal to the board of assessment appeals pursuant to the provisions of section 39-2-125
within thirty days of the entry of any such decision, § 39-10-114.5(1), C.R.S.
Section II:
Assessor's Recommendation
(For Assessor's Use Only)
Tax Year 2007
Tax Year 2008
Actual Assessed Tax Actual Assessed Tax
Original $436,639 $75,014 $5,871.94 $436,639 $75,014 $6,490.76
Corrected $436,639 $61,924 $4,847.51 $436,639 $61,924 $5,358.38
Abate/Refund 0 $13,090 $1,024.43 0 $13,090 $1,132.38
Z Assessor recommends approval as outlined above.
No protest was filed for the year(s): 2007 or 2008 (If a protest was filed, please attach a copy of the NOD.)
❑ Assessor recommends denial for the following reason(s): /
�r // / �ano -'_
/lineY't,(r7�/lBr f rr/,f�vecy�dn the nrrtloanf` a� i �' to Cooier/Crciy/
MU re/fuce 4 not 4 /O orA.0 e1 6 J- I.4C 6 w• �O(
;s '/ss/1,Pi rejele ,-f,•s /
15-DPT-AR No. 920-66/06
Assessor's o "eputy • s essor's Sig , "n re
Ircr •7
FOR ASSESSORS AND COUNTY COMMISSIONERS USE ONLY
(Section III or Section IV must be completed)
Every petition for abatement or refund filed pursuant to section 39-10-114 shall be acted upon pursuant 10 the provisions of this section by the
board of county commissioners or the assessor, as appropriate, within six months of the date of fling such petition, § 39-1-113(1.7), C.R.S.
Section III: Written Mutual Agreement of Assessor and Petitioner
(Only for abatements up to $1,000)
The commissioners of County authorize the assessor by Resolution No.
to review petitions for abatement or refund and to settle by written mutual agreement any such petition for
abatement or refund in an amount of one thousand dollars or less per tract, parcel, or lot of land or per schedule
of personal property, in accordance with § 39-1-113(1.5), C.R.S.
The assessor and petitioner mutually agree to the values and tax abatement/refund of:
Tax Year
Actual Assessed
Original
Corrected
Abate/Refund
Tax
Note: The total tax amount does not include accrued interest, penalties, and fees associated with late and/or delinquent tax payments, if
applicable. Please contact the county treasurer for full payment information.
Petitioner's Signature
Date
Assessor's or Deputy Assessor's Signature Date
Section IV: Decision of the County Commissioners
(Must be completed if Section Ill does not apply)
WHEREAS, The County Commissioners of County, State of Colorado, at a e r and lawfully
called regular meeting held on / / , at which meeting there were present the . owing members:
Month Day Year
with notice of such meeting and an opportunity to be present having been !'ren to the taxpayer and the Assessor
of said County and Assessor (being present --not present) and
Name
petitioner (being pr' ent--not present), and WHEREAS, The said
Name
County Commissioners have carefully considered the wi ' n petition, and are fully advised in relation thereto,
NOW BE IT RESOLVED, That the Board (agrees --d• -s not agree) with the recommendation of the assessor
and the petition be (approved --approved in pa denied) with an abatement/refund as follows:
Year
Assessed Value Ta ' Abate/Refund
in and for the aforeme
record of the procee•
afrat
Chairperson or the board of County Commissioners' Signature
County Clerk and Ex -officio Clerk of the Board of County Commissioners
.ned county, do hereby certify that the above and foregoing order is truly copied from the
gs of the Board of County Commissioners.
IN WITNESS ' EREOF, I have hereunto set my hand and affixed the seal of said County
this day of
Month Year
County Clerk's or Deputy County Clerk's Signature
Abatements greater than $1,000 per schedule, per year, must be submitted in duplicate to the Property Tax Administrator for review.
Section V:
Action of the Property Tax Administrator
(For all abatements greater than $1,0001
action of t Board of County Commissioners, relative to the within petition, hereby
❑ Approved in part $ ❑ Deli* for the llyfwing rev((s):
Secretary's Signature Property Tax Administrator's 111gr
15-0 -AR jJo. 920-66/06
Dale
05/29/2009 14:55 FAX 9703046433 WELDCOUNTYASSESSOR
MAY -29-2009 FRI 02:11 PM WELD CO GOVT FAX NO. 9703520242
cd 002/002
P. 02/02
Aeeea.N,d
PETITION FOR ABATEMENT OR REFUND OF TAXES
County: V-25-1-0 Date Received 01101' 1010ge.
(Use Aurasa can0Wienw• at. Semi
Section I: Petitioner, please complete Section I only.
Date: D1. 23 -2009
0.y vas
PeliliOners Mn; Pmen-N% 11.4e4 -0—A)
Petitioner's slang Address 7720 Ofl en /NO L�tl
ZoAdergrinder co cos ay
CayerTcal salt
deed
RECEIVED
JAN 28 2009
WELD COUNTY GREELEY, COLORADO
RADO
SCHEDULE OR PARCEL NUMWmara) PROPERTY ADDRESS OR LEGAL DESCRIPTION OP PROPERTY
/7/1/70,0 ro3fo 97'C 4 c4ef hW zn, derive/
R SSias78'40
Petitioner slates that the taxes assessed against the atom properly for the property tax year am
Meerrect for the fdamMmg reasons: (Briefly Maarlbe the dreamlands surrounding Me Incorrect v ue or tar.
Attach adddio al shads if necessary.)
err- 41MCH 9'T5
Petitioners estimae of value: 3 (�
vier Met
Petitioner requests an abatement or rebid of the appropriate tide.
l declare, under penalty of perjury in the second degree, that INc petition. together son wry aooampsrryeg exhibits
er statements. has been prepared or examined by me, and to the best of my ono vledga, intonneatiojn end VW.Mis
and anplebb.
arAi Daytaae Plane NUar$' t33 -freGc,
Petitioners Signature
BY Daytime Phone Number I 1
arts wenwlee
• 'Liberia pence must be .eared when Peeen% eueaara by an went
If the board of County cenanssloMlS, pursuant to section 3415.111(1), or the propsRy h adminreRSMr,
pursued to section 39-2.116, dame the petition for nitwit or abatement d taxis hi Who Of In pan, the
petitioner may appeal to the board of aseeanrnt append pursuant to the provisions of section 35.2.125
cabin 1hMy days of the entry of any suds Menton, 5 3$-1O-114.5(1), C.R.S.
S.eU . •. Assessor's Recommendation
ifaawesers Use OS A
Tan ZO°7 Cr zo&f
34„ Mai Let 2.0,9 ,7 0,10,04 ...it 3(q 639 S49 5, # 615, G 40
i «b 'tot, , 26
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iro "94
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&,Asssesor recommends approval as owned above.
Ne protest was flied for the year: fee ennui wee a.0. pine IS, . copyetae NOD.)
0 mmends dental for the for Ing reasons): /� / A�aeaaor ryey /ear We
id$ tiorriArlete!'Iti k'4j Perfaceta
reopyAs r .926441 6
2009-1294
PETITION FOR ABATEMENT OR REFUND OF TAXES
a-,
�r
County: 4-)17L '� Date Received .�'^ r
(Use Assessors or Commissioners' Date Stamp)
Section I: Petitioner, please complete Section I only.
Date: C — 23 —2ct)j
onth Day Year
Petitioner's Name.
Petitioner's Mailing Address: 7 7 2 C �L-L
4-9A 6/744, Air Ce
City or Town State
c 4ft1/-wo L 41
-SOS c-c_f
Zip Code
RECEIVED
JAN 2 8 2009
WETY
F
COLORADO
SCHEDULE OR PARCEL NUMBER(S) PROPERTY ADDRESS OR LEGAL DESCRIPTION OF PROPERTY
I?/10003-03 6
1-2\ 5 `/ 7ss'�
4//1/ 2-t LAI cg — 5V9
Petitioner states that the taxes assessed against the above property for the property tax year2C'd17/.Y are
incorrect for the following reasons: (Briefly describe the circumstances surrounding the incorrect value or tax.
Attach additional sheets if necessary.)
rE / .774c7I44CA-7- 5
Petitioner's estimate of value: $
Value Year
Petitioner requests an abatement or refund of the appropriate taxes.
I declare, under penalty of perjury in the second degree, that this petition, together with any accompanying exhibits
or statements, has been prepared or examined by me, and to the best of my knowledge, information and belief, is
(r r' r•.orrect, and complete.
c nn4
1/6 -'
Petitioner's Signature
Daytime Phone Number f3"5) S -S3 ITS -60
By Daytime Phone Number f
Agent's Signature'
'Letter of agency must be attached when petition is submitted by an agent.
If the board of county commissioners, pursuant to section 39-10-114(1), or the property tax administrator,
pursuant to section 39-2-116, denies the petition for refund or abatement of taxes in whole or in part, the
petitioner may appeal to the board of assessment appeals pursuant to the provisions of section 39-2-125
within thirty days of the entry of any such decision, § 39-10-114.5(1), C.R.S.
Section II:
Assessor's Recommendation
(For Assessors Lisa Only)
Tax Year Za°7 r zo°�
Actual Assessed Tax
Original i 36, 63, 6i 6 $/ %( • �' 7/
Dnrreeted • 3fri 601 J 4,V It(' 6,9 %% )5 , 4'
Abate/Refund a ! / b 0Z5 r /6
Assessor recommends approval as outlined above.
No protest was filed for the year: (If a protest was filed, please attach a copy of the NOD.)
❑ Assessor �r commends denial for the folio��++ing reason(s): pp
/9YTir +4,ther /oft e ciOul11 the 4 rnorog1 oY 'clot ? 4O et/
qS ec"nvnereAV/ f+/q.5 /'edciced/1
5 -OPT -AR No. 920-66/06
PETETION FOR ABATEMENT OR REFUND OF TAXES
Mr. Woodruff,
The valuation of my property is probably a bit optimistic, even in good times. Flow ever that is not
the basis for my complaint. My complaint centers on the classification as "commercial". You informed
me that commercial property is taxed at a higher rate in accordance with the Colorado Constitution and
the Gallagher amendment of 1982, and that a USR permit is not the criteria. My USR permit came with
many constraints. Now I am paying full "commercial property" tax with out many of the benefits and
rights of commercial property.
Webster's defines commerce as "activity engaged in as a means of livelihood". Approximately 40% of
the time there are no commercial jobs in this building, the rest of the time there is one car and on rare
occasion there could be two. Two cars is approximately 400 of my 7200 square feet, the rest is occupied
with my personal projects and "stuff', yet this building is classified as 100% commercial as is the
surrounding acreage (that would be commercial buffalo grass). There are many home based businesses
in this area, some with USR permits and some without, some even have signs, and none have any
commercial classification at all.
The horse school, the USR permit, the dog breeder, several truck drivers all work at/from home and
meet the definition; "activity engaged in as a means of livelihood", none pay commercial property tax.
Only I was singled out for this taxation.
It is my position that the "commercial" classification be removed from my assessment and that taxes
paid for 2007 and 2008 be refunded until such time as they can be applied in accordance with the
Colorado Constitution as well as the United States Constitution, "FAIRLY and EQUALLY".
I look forward to hearing from you
Thank You,
trent Haugen
9725 Del Camino Lane
Longmont CO 80504
303-833-3574 home
303-833-1560 work
RECEIVED
JAN 2 8 2009
VELD COUNTY ASSESSOF
^pFl_EY. COLORADO
From: Bill Jerke
Sent: Thursday, August 14, 2008 4:23 PM
To: Chris Woodruff
Subject: FW: Property Taxes
Hi Chris,
I thought about trying to respond to Brent and then remembered that we
have the best County Assessor in the state who is much more qualified
than I to provide good answers to his concerns. Thanks, Bill J.
Original Message
From: Chris Woodruff [
Sent: Friday, August 15, 2008 8:55 AM
To: brent@collision-craft.biz
Subject: RE: Property Taxes
Mr Haugen,
Commissioner Jerke shared your concerns with me. As this is the first
time I have heard of your issues, I will send this to the appraiser who
is responsible for this area. After I receive their analysis, I will
contact so we can discuss this further. Please feel free to contact
directly.
Christopher M Woodruff
Weld County Assessor
1400 N 17th Ave
Greeley, CO 80631
(970) 353-3845 ext 3697 (phone)
(970) 304-6433 (fax)
From: Brent Haugen [
Sent: Friday, August 15, 2008 4:20 PM
To: Chris Woodruff
Subject: RE: Property Taxes
Chris,
Thank You, Sorry you didn't hear about this first. I probably did get
the "tax notice" but it must not have registered or I misunderstood it.
I was "shocked and awed" when my house payments went up by $800 to
cover the shortfall of 2007 and 2008. I don't know why it took them
this long to adjust my payment. I figured it was a screw up with the
bank and was checking the county records before I ripped them.
Instead...well you know came next. I look forward to hearing from you.
Thank You,
Brent Haugen
Collision Craft, Inc.
303-833-1560
Brent@Collision-Craft.biz
From: Brent Haugen [:,:, :. :r'_:...
Sent: Wednesday, September 10, 2008 5:59 PM
To: Chris Woodruff
Subject: RE: Property Taxes
Mr. Woodruff,
I appreciate your response. However it failed to answer my questions,
or resolve the issue.
1) If my USR permit puts me in a commercial classification, why don't
all USR permits have the same classification?
2) How was it determined as to how much is commercial and how much is
residential, percentage wise?
It is very obvious to me that I am being unduly taxed, relative to my
peers. I shouldn't have to wait until 09 to get it rectified.
How is it fair and equitable that I be taxed at a much higher rate,
then years (2) later you get around to taxing others at that rate?
Meanwhile I have paid an extra $6000.00 (approx). I would like to see
my escrow account refunded at least until we have a level playing
field, so to speak. If commercial is taxed at a higher rate, so be it.
But then ALL commercial should be taxed at that same rate.
Brent Haugen
Collision Craft, Inc.
303-833-1560
Mr Haugen,
The USR permit does not make you commercial for property tax. Your
actual use of the property for commercial is what is required for us to
classify the land and buildings as commercial.
I will send you a copy of your property record card so you can review
our classification. The determination was made by one the appraiser in
my office who works in the area.
If you fell your property has been incorrectly valued, you may file an
abatement petition for tax year 2007. After I receive it, we will have
a hearing with the Board of County Commissioners, who have the power to
adjust the value. The discussion will center around the value and
classification of the property, not the taxes due.
I will put the documents in the mail today.
Christopher M Woodruff
Weld County Assessor
Mr Haugen,
I had my staff look into what happened with your property value. In
2007, for which taxes are paid in 2008, the value of your commercial
business property was put on your account. Under our state
constitution, commercial property is assessed at 29% of market value.
Residential property is assessed at 7.96%. This differential is what
caused your property taxes to go up so dramatically, resulting in the
escrow being adjusted.
Your property is currently valued as part residential and part
commercial.
I also had my staff look into your neighbor's property. The Vann
property at 9556 Del Camino is on our records as completely
residential. Based on your comments, I will have my appraiser look into
its classification and assessment.
We will be reappraising all property in the county in 2009, so I will
make sure your area is specifically reviewed to make sure all the
properties are correctly valued and assessed.
I am sorry that this situation happened. This is a result of the
Gallagher amendment passed by the voters in 1982. It has caused a huge
differential to exist between residential and commercial properties as
regards property taxation.
Please feel free to contact me if you need further assistance.
Christopher M Woodruff
Weld County Assessor
1400 N 17th Ave
Greeley, CO 80631
(970) 353-3845 ext 3697 (phone)
(970) 304-6433 (fax)
cwoodruff@co.weld.co.us
Mr. Commissioner,
I run a small business out of a shop building on my property. I had
to get a USR permit to do so. I just became aware that doing so more
than doubled my property taxes. However a neighbor that runs a horse
riding/training school is not required to have a USR permit because the
horse is considered "agriculture". This horse operation has nothing
what so ever do with anything remotely associated with agriculture.
These horses are toys for their owners just as street rods or dirt bikes or four
wheelers would be for theirs. Yet they are exempt from all of the rules and taxes
that the rest of us have to pay. It is time to admit that the horse is no longer
an agricultural animal; it IS a
business, just like mine. I like horses, but fair is fair!
Now on to the county assessor. A large portion of my tax increase is due to the
"commercial" classification of my property. A few of my
neighbors have USR permits and have no such classification on their tax
records, and are not taxed near as heavily as I am. How come? The
neighbor with the horse operation has an indoor riding arena that dwarfs my 7200
square foot shop; it is listed on her tax records as a 4500 square foot "implement
shed"?'?i' When the assessor came to my place he actually measured my building
and came to the conclusion that it was 7200 square feet, correctly so. And yet the
much larger indoor riding arena is listed and taxed as a 4500 square foot shed? It
is completely unfair that one business gets preferential treatment over another in
the rules, it is just plain wrong that the assessor is this blind, 4500 square
feet, wink -wink! This is at least grossly incompetent, if not criminal!
Across the fence to the south is a 12 acre property (the junkyard),
mine is 10, his is worth a little less than mine, he pays less than
$1400 in taxes, I pay $5900. Who does he know that his taxes are so
profoundly cheap?
Across the fence to the west is a 6 acre property with 2 very nice
barns a much nicer house, worth a lot more than mine he pays about half
what I do.
Across the street is the horse school, a 10 acre commercial
operation, worth a lot more that mine she pays about half what I do.
The closest property with a USR permit is worth about 25% less than
mine and yet his taxes are about 70% less than mine! $1800 to my $5900.
The bottom line is simple, I don't have the most expensive property,
I don't have the only USR permit, I don't have the biggest business, but
I do have by far, the biggest tax bill, nearly double or more than what
anyone else pays. I really need someone to justify and explain this to
me.
I am not asking for anything other than fair and equal treatment and
taxation.
My property parcel # is 131117005036
The referenced USR property is parcel # 131117003003
The referenced horse property is parcel # 131117000009
The south neighbor (junk yard) is parcel # 131117005035
The west neighbor is parcel # 131117004007
Thank You
Brent Haugen
Collision Craft, Inc.
303-833-1560
www.Collision-Craft.biz
Brent@Collision-Craft.biz
CLERK TO THE BOARD
PHONE (970) 336-7215, EXT. 4225
FAX: (970) 352-0242
P.O. BOX 758
GREELEY, COLORADO 80632
COLORADO
May 8, 2009
Brent Haugen
9725 Del Camino Lane
Longmont, CO 80504
RE: SCHEDULE NUMBER R5405786
Dear Property Owner:
This is to advise you that the Weld County Board of Commissioners will hear your petition for
abatement or refund of taxes on the property described as: 9725 Del Camino Lane, Longmont,
Colorado. The meeting is scheduled for June 1, 2009, at 9:00 a.m., in the First Floor Meeting
Room, Weld County Centennial Center, 915 10th Street, Greeley, Colorado.
The Assessor is recommending that the Board approve your petition. You are not required to be
present at this hearing, however, this is your opportunity to have your position heard, especially if
your position is opposed to the Assessor's recommendation. If you intend to submit any
documentation in support of your position for this hearing, all such documentation must be
submitted to the Office of the Clerk to the Board and to the Weld County Assessor's Office at least
seven calendar days prior to the meeting date in order for it to be considered at the scheduled
hearing.
If you have any questions concerning this matter, please do not hesitate to contact Esther Gesick
at (970) 336-7215, extension 4226.
Sincerely,
l✓'� v G . o3r t-4,
Esther E. Gesick
Deputy Clerk to the Board
cc: Assessor
2009-1263
CHRISTOPHER M. WOODRUFF, COUNTY ASSESSOR
BRENDA DONES, DEPUTY ASSESSOR
APPRAISAL REPORT
OF
COMMERCIAL PROPERTY
FOR
Board of County Commissioners
HAUGEN BRENT A
PETITIONER
VS.
WELD COUNTY ASSESSOR'S OFFICE
RESPONDENT
Parcel Number: 1311-17-0-05-036
Schedule Number: R5405786
Petition for Years 2007 & 2008
Abatement Number: 2009 -002
Date: June 8, 2009
Time: 9:00 AM
Hearing: Abatement
PREPARED BY
6112.2
June 5, 2009
Land
Improvement
Signature Date
ASSESSOR'S OFFICE STAFF APPRAISER
INDICATED VALUE
$237,495
$199,144
Total: $436,639
,EXHIBIT
IfriarT
ZQo?-,L qy
CBOECOMM_ 01095
Page
SALIENT FACTS AND CONCLUSIONS
Purpose of Abatement To determine commercial allocations for the years 2007
and 2008.
Property Rights Appraised Unencumbered fee simple interest.
Location 9725 DEL CAMINO LN
WELD
Land Area Residential 7.79 Acres
Commercial 1.64 Acres
Total 9.43 Acres
Property Type Residential
1— Single Family Residential
1— Shed - Utility
1— Auto Body Shop
Year Built Residence 1979
Auto Body Shop 2006
Quality Fair, Poor, & Good
Class Wood & Metal Frame
Improvement Sq. Ft. Residence 1,104 S.F.
Unfinished Basement 1,104 S.F.
Attached Garage 1,848 S.F.
Utility Shed 480 S.F.
Auto Body Shop 7,200 S.F.
CBOE COMM 010991
Page
The Subject Neighborhood
The subject property is located in Casa Grande Estates. This is located in un-incorporated Weld
County. The development is border on the north by County Road 22 and County Road 20 on the
south. The western border is County Road 15 and mostly farms to the west. The development
is surrounded on three sides by the Town of Firestone. The development is made up of 5 to 15
acres lots which are primarily residential. There are mixed use and agricultural properties mixed
in. Horses and livestock are allowed.
The Subject
:z+z1 iI
•;1
The subject property is located at 9725 Del Camino Lane, in Weld County. The subject property
is a mixed use property by USR-1612. The USR was approved by the Board of County
Commissioners on August 8, 2007 but to date has not been recorded. The subject property
contains 9.43 acres of land of which a portion is classified as residential land and a portion
classified as commercial land. The property has three improvements. The residence is a 1,104
square foot ranch home built in1979. The house has a 1,104 square foot unfinished basement.
The residence has a large 1.848 square foot attached garage which was added on. The
residential improvement is of fair quality and typical condition. There is a 480 square foot utility
shed which is poor quality and condition.
The third improvement is a pre-engineered metal building on a concrete slab. The building has
12 foot sidewalls and contains a total of 7,200 square feet. The entire building is finished and
painted with complete climate control. There is an office area, two baths, and a laundry area.
The remaining space is shop area. The building is currently being used by Collision Craft Inc. as
a complete auto body repair center. There is also a fenced outside storage area.
CBOE COMM01
Pe
The Residence and Attached 4 Car Garage
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Rear View
62.6•
Attached Garage
1,848 S.F.
4g t7• _�__'� _
4'
18.0'
10.0'
T
8.0'
First Floor
1104.0sf 1B
Bsmnt Conc 8 ft
1104.0 sf
46.0'
Utility Shed
3.5
Open Slab
12.2 sf
WH 8'
YOC 1984
Storage
640.0 sf
Dirt Floor
32'
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CBOE_COMM_01
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View looking South from Del Comino Lane
Looking North
The Auto Body Shop
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The Auto Body Shop
Looking Southwest
80.0'
Paint Booth
Office
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M 1,800 S.F. Storage Area
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Total G.B.A
7200 0 sf
Pre-engineered metal Suiting
12' Sidewall Height
Auto Body Floor Plan
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Auto Body Interior Photos
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1.800 S.F. Storage Area
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Mr. Haugan claims this area is for storage of personnel property.
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1,800 S.F. Storage Area
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1,800 S F. Storage Area
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The Commercial Improvement
The Auto Body Shop is operated by Collision Craft Inc.. The shop is state of the art auto repair facility
with finished painted walls and suspended ceiling. The ceiling in the office area is oak wood inlaid and
trim. There is a half bath and a full bath in the office area, including a laundry area. The shop area
including the storage areas have coffered ceiling with abundant lighting. The ceiling design and
abundant lighting provide enhanced angles of light for fine auto body work. The entire building is
climate controlled with extra ventilation for the paint booth. The paint booth and all other equipment
are considered personnel property and can be removed. The facility is on a septic system located on
the west side of the building. There is a fenced outside storage area located on the south side of the
building.
A proposed change would be to allow 1,800 square feet on the south end of the shop to be classified
as residential. There are no tools or equipment in this area. Mr. Haugen states this area is only used
to store his personal hobby things.
CBOE_CO MM_01099E
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The 2007 & 2008 land allocation was based on a land to building ratio of 10:1 and an aerial map
measurement. Below is a representation of the aerial map.
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This document shows the positions of the
points of a polygon that yob have clicked on
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repent the an of the palyQpr.
And 75,791.6 sq. ant
Point 1' 104° 55' 9 31' W
40° r 25.26' N
Pont 2: 104° 55' 9.16' W
40' 8' 2S 24' N
Pont 3. 104. 55' 1.75'W
404 W 25.24' N
Point 4: 104° 55' 7.44' W
40'6'25.2)'N
Pont 5: 104. 55'6.97' W
40. 0' 25 IS' H
Pont 6- 104° 65' 6.12' W
40. 9' 2512'N
Port 7: 104° 55' 6.53' W
40' r 25.9' r1
Pont @ 104. 55' 6.52' W
40° le 25 6' N
Pont 9: 1040 55' 6.01)' W
40' 6' 21.53'
Pont lot 1040 Sr 9.223' W
40a 0' 21 59' N
( Clear Porno
The proposed change to the land allocation is base on a measurement of actual use associated with
the Auto Body Shop from an aerial map. Below is a representation of that map.
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Measure Tool
This document shows the positrons or the
points of a polygon that you have clicked a,
the map utmi the area measure tool. and
reports the area of the polygon
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P0mI 1
Pont 2
Pout( 3.
Point 4
Point 5
Point 6
Point 7
Point 8
Point a
Point 10:
Point 1:
Point 12.
Point 13.
Point 14-
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20,257.0 sq lest
104" 55' tl.90' W
40° 0' 22.65' N
104' 55' 9.28' W
400 W 22-63' N
104° 55' 9.317' W
40' 9' 2303'N
104° 5518.974 W
40° tr 23 95: N
1040 55'33,99' W
40° ff 24.2'N
104° 56' 8-91' W
40' 0' 24 15' N
104055'871' W
40° 0' 24.26' N
104" 5S 8.54' W
400 8' 24 20" N
104" 55 8.24' W
40, 024.30'N
104° 5178 TW
40°8" 21.30'N
104° 56' 7.90' W
10' 8 24 3:' N
1046 55 8.12' W
10°6'25 24'N
104° SS'@1'W
40° 0' 25 24- N
104° $6' 7.14• W
4068' 2354.N
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This would change the amount of allocate commercial land from 1.64 acres to 0.66 acres.
CBOE_COMM_01 C
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Valuation Allocation for 2007 & 2008
Actual Assess Assessed
Type Size Value Rate Value
Land Residential 7.79 $196,156 7.96% $15,614
Commercial 1.64 $41,338 29.00% $11,988
Improvements Residence 1,104 $48,144 7.96% $3,832
Utility Shed 480 $1,000 7.96% $80
Auto Shop 7,200 $150,000 29.00% $43,500
Total
Land
$436,638 $75,014
Proposed Change
Actual Assess Assessed
Type Size Value Rate Value
Residential 8.77 $220,872 7.96% $17,581
Commercial 0.66 $16,622 29.00% $4,820
Improvements Residence 1,104 $48,144 7.96% $3,832
Utility Shed 480 $1,000 7.96% $80
Auto Shop 5,400 $112,500 29.00% $32,625
Per Storage 1,800 $37,500 7.96% $2,985
Total
2007 Tax Burden
$436,639 $61,924
Note; No change in valuation.
Change Result
Mill Levy Was Proposed Difference
78.282 $5,871.94 $4,847.51 $1,024.43
2008 Tax Burden 86.532 $6,490.76 $5,358.38 $1,132.38
The proposed and difference amounts might vary slightly as a result of rounding in actual tax calculations.
CBOE_COMM_01099
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Addendums
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Addressing Mr. Haugen concerns regarding his neighbors;
Regarding the USR referenced property #131117003003
• I can find no USR ever recorded or filed on this property
Regarding the south neighbors junk yard #131117005035
• This property is being assessed as ag, and the owner has provided us proof of his ag operation. That is
why his land value is so low. The owner apparently also likes to collect junk.
Regarding the west neighbor #131117004007
• They are 100% residential and their land $/acre is valued 25% higher than Haugen's. (We gave Haugen a
negative attribute for excess land.) The assessment rate is the difference in taxes.
Regarding the horse property # 131117000009
• Attached are the Colorado Revised Statutes explaining why a riding school / boarding operation does not
qualify for an agricultural exemption. Therefore the land and buildings are all assessed at the residential
rate.
• The riding arena is 10,800 sq/ft and is valued at $116,000.
• I can't speak as to whether an ag operation is not required to apply for a USR.
CBOE_COMM_01099J
Page 14
APR 410 — Agricultural Land and Rural Structure Valuation (2007)
Student Outline
Page 21
5. Livestock [§ 39-1-102(13.5), C.R.S.]
a. Domestic animals:
The determination of whether animals are domestic or not is important to the
understanding of the definition of grazing livestock.
The Division developed suggested criteria when classifying animals as
domestic:
(1) The animals can be bought and sold. A bill of sale is typically provided
when transferring ownership of the animal.
(2) Veterinary and other services are provided for the health of the animals.
(3) The animals are not the property of the state of Colorado. All wildlife
(undomesticated animals) are the property of the state and permission is
required of the state to own and confine species which are typically found
in the wild.
(4) The animals are confined to the property and shelter may be provided.
(5) The animals can be approached by man without undue alarm and are
accustomed to the presence of man.
(6) The animals are intended to serve man in some capacity as food for animal
or human consumption, for draft, or for breeding for resale and are being
managed for the benefit of man.
(7) The animals are identifiable by brands, tags, or tattoos.
Satisfying the majority of the above criteria provides a strong case for
defining animals as domestic animals. However, undue emphasis should not
be placed on any one criterion when determining whether animals meet the
definition of livestock. The livestock must graze the land as part of the ranch
definition.
b. Useof the livestock [§ 39-1-102O3 5), C.R.SJ]
(I) Food for human or animal consumption
(2) Breeding
(3) Draft, or
(4) Profit
)4. Animals which are not used for these purposes do not meet thetkfmition?
of a ranch, regardless of whether the land owner makes;a Profile
rofit from the;
grazing of such animals or not.
) The landowner need not own the livestock to qualify as : a ranch,
7 The owner of the livestock must be engaged in art agricultural endeavor
from the raising of the livestock.
CBOE_COMM_01099€
Page 17
APR 410— Agricultural Land and Rural Structure Valuation (2007)
Student Outline
Page 22
For example, a landowner who leases his land for the grazing and boarding of
pleasure horses owns land that does not qualify as a ranch. Since they are not
being bred or sold for profit, the hones are not livestock for the primary propose`
of obtaining a monetary profit under the statutory definition. Land leased to the
owner of horses being raised for breeding or sale would qualify as a ranch
assuming the rest of the statutory conditions were met.
6. Conservation [§ 39-1-102(1.6)(a)(I), C.R.S.]
The consideration of land being restored through conservation, yet retaining an
agricultural classification is only relevant to land currently classified agricultural.
In other words, an agricultural classification would never be given to land
claiming conservation but not already classified as agricultural.
Various types of conservation include:
a. Letting land lie fallow
b. Restricting grazing to reestablish grass growth
c. Tillage of soil to allow for retention, rather than runoff, of water and soil
d. Retirement of cropland via replanting of native grasses
e. Planting wind breaks to prevent soil erosion
f. Government programs such as the CRP
g. Statutory requirement
(1) The owner/operator claiming that the land is being restored through
conservation practices must be able to establish the type of conservation
program or plan approved by an appropriate conservation district as if the land
has been placed in a CRP. Supporting documentation of the type of
conservation must be provided by the taxpayer.
➢ Conservation practices are not to be confused with conservation
easements.
7. Eligible for classification [§ 39-1-102(l.6)(a)(I), C.R.S.]
a. Land must have been classified or
b. Eligible for classification the previous ten years
➢ Must have been classified or eligible for classification as agricultural at
some time during the 10 -year period, not for the whole of that period.
8. Continuity [§ 39-1-1020.6)(a)(I), C.R.S.]
a. Land must continue to have agricultural use
b. The use must not be interrupted
➢ Failure of a parcel to meet the agricultural land definition for one year is
the required basis for reclassifying agricultural property. (within reason)
CBOE_COMM_01099
Page 1,
PETITION FOR ABATEMENT OR REFUND OF TAXES
Camay Wed Ode Received
(u. fambotaa Cannosnana t . Rana
pabon r. plasm compels Maori I My.
Dale 01 R3 2009
am. OA v..
Peanuts Wane:
Bath Mogen
P plEeters lalrg WHIR: 5725 Del GmMM Ln
Unman
CO 80504
Sow do CAA
Co a IR.
IaERNE OR PARCEL NOa66Rs1
13111.,205-036
85405715
PROPERTY ADOEat OR LEON. OEaaFfmH OF PROPERTY
O 57M OP Canino IA 50504
P Rean& Ras slat tie WEIS azeaea aganst the above poverty for properly tart saes} 2007 and 2005
are limned ax the rtaoatg reasons: q&Ielly describe the drwr.6slce6 surrounding lie reared value or tax
Mash aeaeaa sheets RnevEsaly)
See Ma ten%
PMthawfsaateub of vane: $ L____1 and $ 4 1
VYr vial Wu r...
Petted requests a1 a4aeiried 0t refund or die appopll* tact
I declare. under penny a palmy In tee second degree. Mal Ins Ritter. ;tries WWI any amaepa tn9 veldts
or stdelvtelt. Ns Well papered a examined by we. rated deg IS rtiy smNed9e, eternalise and beset. is
tut correct flat.
By _
Patin •. e.ar»
Aaantene..-
'LSI s .ash Iowa ta wrre .ma P+eam a ..b.er sr .o area
stn ROOM of cdaay commlastontwa, paaed to motion 33-10-111(1). a Ore prapedy tax adisSrSor.
pmawntd mate 302-114 aefle Ma pRRbdn for nnsia a abenreeM of tame in whole a in pat Ina
galloon Ray appeal to Oa RaBtd of aueaaaa appeal mamma to la pioSe of section 332-125
*than testy Wye of to ninny of any ouch Madelm I 33-ter-lll5(1), CAA
DOOM Pma10 iaanber I 1
Dayene Ririe Minter i r
itaiLL Assessors Recommendation
ape a.•.al. ua oath
t.. Yaw 2007 i.. r.. 2008
apna banal la Mal Gana 7a
o.yns $436.639 275.014 25.87194 $436.539 175014 26.49035
CaT3.4 $436.639 $61.924 $484751 $4.16.639 561.924 5 38638
Abaaryrd a $13,090 11,024.43 a $13090 11.132.38
® Aamosa racoraun approval at outland Yam.
No protest WM IMO Tor ba years): 2007 Of 2008 M . Pia w. MLA ass +no awe w a. MOW
❑ Ame eta r cammenOa Mesa fir tal foaming raronl(s):
A..wt a4 -.-.
1SCYyJR Ne a]am606
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