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HomeMy WebLinkAbout20050267.tiff RESOLUTION RE: ACTION OF BOARD CONCERNING PETITION FOR ABATEMENT OR REFUND OF TAXES - LOUIS AND SUSAN LILEY 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 19th day of January, 2005, at which meeting there were present the following members: Chair Robert D. Masden, and Commissioners M. J. Geile, William H. Jerke, David E. Long, and Glenn Vaad, and WHEREAS,notice of such meeting and an opportunity to be present has been given to the taxpayer and the Assessor of said County, and said Assessor, Stan Sessions, being represented by Mike Sampson, and taxpayer Susan Liley, being present, 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, denied, and an abatement or refund be allowed as follows: CORRECTION TO ASSESSED ABATEMENT TAX VALUATION OR REFUND YEAR $0.00 $0.00 2003 2005-0267 AS0060 TAX ABATEMENT PETITION - LOUIS AND SUSAN LILEY PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded,adopted by the following vote on the 19th day of January, A.D., 2005. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO 4 Sias �- 1861 I` ° William H. J rke, Chair s ai.�► lerk to the Board / M. J. eile, Pro-Tem �_ - uty Clerk •. the =oard David E. Long rED AS -� Robe D. Masden ounty Attorney Glenn Vaad Date of signature: Z24.3415- 2005-0267 AS0060 PETITION FOR ABATEMENT OR REFUND OF TAXES Please submit in duplicate copies and answer all questions. County Name WELD Date Received - Use Assessor's or Commissioners'Date Stamp RECEIVED PETITIONER: Complete Section I on this side only Section I: :l' Cui'= Date: August 23, 2004 WELD COUNTY ASSESSOR Month Day Year Greeley, Colorado Petitioner's Name: LOUIS C LILEY JR & SUSAN M LILEY Petitioner's mailing address: 441 WHITNEY HARBOR WINDSOR CO 80550 City or Town State Zip Code SCHEDULE OR PARCEL NUMBER(S) PROPERTY ADDRESS OR LEGAL DESCRIPTION OF PROPERTY R7684199 WIN 2WVPH2 L27 BLK 5 WATER VALLEY FG2 PH2 Petitioner states that the taxes assessed against the above property for property tax year 2003 and are incorrect for the following reasons: (Briefly describe the circumstances surrounding the incorrect value or tax. (The petitioner's estimate of actual value must be included.) Attach additional sheets if necessary. THE VALUE OF THE PROPERTY IS CORRECT, HOWEVER WE FEEL IT SHOULD BE ASSESSED AS PART OF OUR RESIDENCE. THE LOT IS ADJACENT TO OUR HOUSE AND WE USE IT AS AN EXTENTION OF OUR YARD. WE REQUEST AN ADJUSTMENT TO OUR TAXES BASED ON THE RESIDENTIAL RATE OF 7.96%. Petitioner's estimate of actual value $110,250 (2003) Value Year Petitioner requests an abatement or refund of the appropriate taxes associated with a reduction in value. I declare, under penalty of perjury in the second degree, that this petition, together with any accompanying exhibits or statements, has been examined by me, and to the best of my knowledge, information and belief, is true, correct and complete. tz';,_ !27 .r Daytime Phone Number( 7d ) (; 7 - 'j 7 j 1 Petitioner's Signature 7 By Daytime Phone Number ( Agent's Signature` *Letter of agency must be attached when petition is submitted. Every petition for abatement or refund filed pursuant to section 39-10-114, C.R.S., shall be acted upon pursuant to the provisions of this section by the board of county commissioners or the assessor, as appropriate, within six months of the date of filing such petition. 39-1-113(1.7), C.R.S. Section II: Assessor's Use Only MILL LEVY 123.953 2003 Tax Year Assessed Value Tax Original 25,600 3,173.20 Corrected 8,780 1,088.30 Abate/Refund 16,820 2,084.90 2005-0267 (FOR ASSESSORS AND COUNTY COMMISSIONERS USE ONLY) RESOLUTION OF COUNTY COMMISSIONERS Resolution No. Section I: In accordance with 39-1-113(1.5), C.R..S., the commissioners of County authorize thition fore abatement ore refund inassessor to rview an nnam amount of one thousas for abatement or nd dollars or less per trund and to ettle by lact, parceltten mutul,,lor lot of land or per scagreement an suchhedeule of personal property. The assessor and petitioner mutually agree to an assessed value and tax abatement/refund of: Tax Year Value Tax Original Corrected Abate/Refund PLEASE NOTE: THE TOTAL TAX AMOUNT DOES NOT INCLUDE ACCRUED INTEREST, PENALTIES, AND FEES ASSOCIATED WITH LATE AND/OR DELINQUENT PLICABLE. PLEASE CONTACT YOUR COUNTY TREASURER FOR FULL PAYMENT INFORMATION. Petitioner's Signature Date Assessor's or Deputy Assessor's Signature Date If Section I is not complete and/or if petition is for more than $1,000, Section II must be completed. Submit an original petition and a copy to the Division of Property Taxation. Section II: Assessor's recommendation: ❑Approved or❑Approved in pad $ � No protest filed in . (If a protest was file please attach a cop of NOD.) �Qr/Q�S /hg?_ ........1- ?(Denied for the following reason(s): C'oiin 7kN/At gN,c/lee/4�'1 is ,4�'Tu lt_ l L/T/L2 7e S/n/.ta-14 Cv& ewet e� El/573' 7-64'We Ali i S L h Nf' // -dully u7;/ .or Pe r en ' L P o i/pose- . e Nvspee7 ize,n«s ee d S 7-At )/r 7- <07: 74/ ,7 ,59-1/ /z s�O 5� ..,_As_ses or's or Deputy ss is Signature County, State of Colorado, at a duly Section III: WHEREAS, The County Commissioners of and lawfully called regular meeting held on / / , at which meeting there were present the following mo day yr members: with notice of such meeting and an opportunity to be present having been given to the taxpayer and the Assessor of said County and Assessor (being present/not present) and Name petitioner (being present/not present), and WHEREAS, The said Name County Commissioners have carefully considered the within petition, and are fully advised in relation thereto, NOW BE IT RESOLVED, that the Board (agrees/does not agree)with the recommendation of the assessor and the petition be (approved/denied) and an abatement/refund be (approved/denieand) forproperty assessed value of year . The taxes to be abated or refunded are $ which represents Chairperson of the Board of County Commissioners' Signature , County Clerk and Ex-officio Clerk of the Board of County Commissioners in and for the aforementioned county, do hereby certify that the above and foregoing order is truly copied from the record of the proceedings of the Board of County Commissioners. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County at , this day of_ Time Date Month Year County Clerk's or Deputy County Clerk's Signature ACTION OF THIE PROPERTY TAX ADMINISTRATOR Denver, Colorado Month Day Year The action of the Board of County Commissioners, relative to the within petition, is hereby ❑Approved; ❑Approved in part$ ; ❑ Denied for the following reason(s): Secretary's Signature Property Tax Administrator's Signature c\USR\..V\BATE\FORMREV1-2000 Weld County, Colorado Page 1 of 2 Weld County, Colorado gv' tt, Z :4 , u„Til ®� Fk =*tom trrAS �y. � tx.4t25 ^ '� ai : Location Mapa, .n. I 4 asp'. r-_,.,„, 1 1 r t , ,. { P. \ F 4fA I. 1 ri t \ 'c `w 4 11' tl 1 a I3 A t . it I [10ft2 http://maps.merrick.com/servlet/com.esri.esrimap.Esrimap?ServiceName=weldovr&Form... 11/8/2004 CLERK TO THE BOARD PHONE (970) 336-7215, EXT.4225 FAX: (970) 352-0242 P.O. BOX 758 111k. GREELEY, COLORADO 80632 COLORADO January 5, 2005 LOUIS C. LILEY JR AND SUSAN M. LILEY 441 WHITNEY HARBOR WINDSOR, CO 80550 RE: SCHEDULE NUMBER R7684199 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:WIN2WVPH2L27 VPH2L27 BLK 5 WATER VALLEY FG2PH2. The meeting is scheduled for Januray 19, 2005, 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 deny 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 Carol Harding at (970) 336-7215, extension 4217. Sincerely,4=4414/1,4 Donald D. Warden Clerk to the Board By: 4C-EilCf. r .,FA Lf'eC/ Deputy Clerk torte Board cc: Assessor January 19,2005 TO: Weld Country Board of Commissioners FROM: Louis and Sue Liley 441 Whitney Harbor Windsor,CO 80550 RE: ADJACENT EMPTY LOT WE WERE NOTIFIED LAST WEEK THAT OUR PETITION TO RECEIVE A PARTIAL REFUND OF OUR PROPERTY TAXES ON THE EMPTY LOT ADJOINING OUR HOME IN WINDSOR IS BEING RECOMMENDED FOR DENIAL. I AM APPEARING HERE TODAY IN THE HOPES THAT A REVERSAL OF THE ASSESSOR'S PRELIMINARY RECOMMENDATION IS A POSSIBILITY. THESE ARE THE FACTS: MY HUSBAND AND I BOUGHT THE ADJACENT LOT IN JUNE OF 2003 ON WHICH TO EITHER BUILD OUR FINAL HOME OR TO USE TO INCREASE THE SIZE OF OUR CURRENT PROPERTY AND TO PROTECT OUR PARTIAL VIEW OF THE LAKE. IN THE SPRING OF 2004 WE PUT OUR HOME ON THE MARKET BUT IT DID NOT SELL SO WE TOOK IT OFF THE MARKET IN EARLY WINTER. SHORTLY AFTER PURCHASING THE NEW LOT WE MADE IT MORE USABLE BY 1) KEEPING IT MOWED 2) PLANTING A ROSE GARDEN 3) PLANTING A VEGETABLE GARDEN WHICH WE EXPANDED IN 2004,4) PLANTING DOZENS OF TULIP AND DAFFODIL BULBS, 5) PLANTING A BORDER OF TALL ORNAMENTAL GRASSES,6) PLACING LAWN FURNITURE ON THE LAKE SIDE FOR MORNING COFFEE AND SUNSET WATCHING,7) DEPOSITING A LARGE PILE OF GRAVEL TO BE USED FOR A FUTURE HORSESHOE COURT,8) ADDING 8 CUBIC YARDS OF TOPSOIL AND 9) PLANTING A LARGE TREE WHICH HAS SINCE DIED. RECREATIONALLY WE HAVE USED THE EMPTY LOT FOR TWO PARTIES, HORSESHOES, STORING OUR KAYAKS, PRACTICING CHIP SHOTS, AND PLAYING BALL WITH OUR GRANDSON AND OUR KIDS' DOGS. WE REMOVED THE KAYAKS AT OUR NEIGHBOR'S REQUEST. WE HAVE ALLOWED THE PROPERTY TO BE USED FOR STORAGE BY NEARBY NEW CONSTRUCTION FOR LANDSCA?E AND BUILDING MATERIALS. IT ALSO SEEMS TO HAVE BECOME A PATHWAY TO THE LAKE AND FOR DOG WALKING BY MANY OF OUR NEIGHBORS. IN REGARD TO THE INSPECTOR'S WRITTEN NOTES: IT IS TRUE THAT WE HAVE NOT PUT A FENCE AROUND THE EMPTY PROPERTY. WE HAVEN'T PUT A FENCE AROUND OUR ADJACENT RESIDENCE EITHER I ALSO AGREE THAT THE LOT HAS A LOT OF WEEDS. THAT'S BECAUSE WE ARE CONSERVING WATER UNTIL WE KNOW WHETHER OR NOT WE ARE GOING TO BUILD ON THE LOT. WE DO KEEP THE WEEDS MOWED. WE AGREE THAT THE LOT IS NOT FULLY UTILIZED. IT IS ONLY PARTIALLY UTILIZED FOR RESIDENTIAL PURPOSES. THAT'S WHY WE'RE NOT ASKING FOR A FULL REFUND. WHAT WE DISAGREE WITH IS THE INSPECTOR'S COMMENT THAT NOTHING IS PLANTED ON THE LOT. THE GARDEN MENTIONED ABOVE IS 8' X 16' AND RAISED WITH TIMBERS. ALL THE PLANTS INCLUDING THE ROSE GARDEN DESCRIBED ABOVE ARE TOTALLY ON THE NEW LOT. WHETHER WE WILL BUILD OUR RETIREMENT HOME ON OUR LOT FOR OURSELVES OR KEEP IT AS AN EXPANSION OF OUR CURRENT PROPERTY IS STILL IN QUESTION. OUR CURRENT HOME IS OFF THE MARKET WHILE WE PONDER OUR NEXT MOVE. WE BELIEVE THAT OUR CONTINUED USE OF THE EMPTY LOT AS AN EXTENSION OF OUR ADJOINING HOME QUALIFIES IT FOR THE PARTIAL TAX REFUND THAT WE HAVE REQUESTED. WE HOPE THAT THE BOARD AGREES. THANK YOU, 5 LOUIS & SUE LILEY 674-9754 H. 6741900 W. / weld County, Colorado rage 101 2 Weld County, Colorado Q Location Map c 4 } tl till, ,t R 1 I http://maps.merrick.com/servlet/com.esri.esrimap.Esrimap?ServiceNameweldovr&Form... 11/8/2004 -o Or- O0241 CLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4225 FAX: (970) 352-0242 P. O. BOX 758 O GREELEY, COLORADO 80632 COLORADO February 4, 2005 Louis and Susan Liley 441 Whitney Harbor Windsor CO 80550 RE: SCHEDULE NUMBER R7684199 Dear Property Owner: On January 19, 2005, the Board of Weld County Commissioners considered your petition for abatement or refund of taxes and denied same. Pursuant to Section 39-2-125(f), C.R.S., you have the right to appeal this decision to the State Board of Assessment Appeals within thirty days. You may obtain the appropriate forms and instructions from the Board of Assessment Appeals, Department of Local Affairs, 1313 Sherman Street, Room 420, Denver, Colorado 80203. Ve truly yours, pLin Donald D. Warden, Clerk to the Board B ` � 4-211 Deputy Clerk to the Board cc: Assessor Hello