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
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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
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-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
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