Loading...
HomeMy WebLinkAbout20012455 PETITION TO STATE BOARD OF ASSESSMENT APPEALS For Office Use . Date: p f.1 Ct t•L S r 2 2 , 1$9/- /,(/yJ� 3l Security or 64 ax Number ofPetitioner Docket Number PETITIONER, 1 G A rC t S uc. ) 1 `C d tree.•1,1. • r N FEE Name of Property Owner q Rs wet 'It) 1.0 ivt as 0 eo , foss Check Numbs Street Address. City,Zip Code of Subject Pmperty appeals the decision of the 10 e(d. X County Board of Equalization P F H County Name County Board of Commissioners _ Property Tax Administrator Z 0 i (check one) which was dated :ilkt '� 7 100— This appeal concerns: )C Valuation For tax year(s) 24 0 i _ Refund/Abatement _ Exemption _ State Assessed (Check One) CONCERNING COUNTY SCHEDULE NUMBER(S): Acs F. Rik" 0 D in (Arc tel.l; 0807(DO000 it If more than one schedule number is involved, please list on a separate page. TYPE OF PROPERTY: This property is currently classified by the County as: Commercial X Residential _ (Check One) _ Agricultural _ Vacant Land _ Personal _ Other (Specify) ACTUAL VALUE: � • �{j u yj Actual value of subject property for year in question as set by the County $ ;2,4'1,,-5-3 2 I believe the actual value of the subject property should be $ 2. 62,7 ( REPRESENTATION: Please check appropriate response(s) Petitioner will be present at the hearing X Petitioner requests a telephone conference call (Petitioner will call on scheduled date at time of hearing.) Petitioner will be represented by an agent or a Colorado Attorney ESTIMATED TIME FOR PETITIONER TO PRESENT THE APPEAL: liZ.5 Minutes or Hours Not less than 30 minutes. Board will allow equal time to Respondent ATTACHMENTS: The following documents MUST BE ATTACHED to your appeal in order for the Board to accept filing. 1) The decision being appealed 2) Assessor's Notice of Denial OR Notice of Valuation 3) If an agent is filing or representing you a notarized letter of authorization will be needed from the Petitioner 4) Identify the names and last known addresses and telephone numbers of other parties "directly interested" in the petition including co-owners. CERTIFICATE OF MAILING _ copy to each person identified in attachment 4 above I certify to the Board of Assessment Appeals that I have mailed or hand delivered S county Board of Equalization one complete copy of this appeal to the I f L _ county Board of commissioners /^!l a� County 20 0 f _ Property Tax Administrator in V f e a�' y , Colorado on A-t•(7 , a 2 , 49-_. check one-should be the same as the City L A-4.47 Date decision being appealed) a Petitioners Signature (Circle One) Agent or Attorney { /� ) �T Making Address Mailing drre /ess ^ ( ww'' !�+r�'-� ^el City, State, Zip • City, State, Zip r Telephone: (97n) 4 ? 2._6,5"--.6- n5 4/C) Telephone: Daytime number, pi 2001-2455 aw,,.,,... cc/Ise/pig ye/Km; oe .- ,is C1--1 August 22, 2001 Board of Assessment Appeals 1313 Sherman Street Room Number 315 Denver, CO 80203 RE: Petition of Appeal to the BAA for a hearing regarding the decision of The Weld County Board of Equalization on property referred to as Account Number R1400886. Dear Board Members: In regard to the interests of justice, fairness, and equalization; I am filing this petition to The Board. I am respectfully protesting the actions of The Weld County Board of Equalization, and their decision, based on the following facts. ( A) The "hearing", other than their "introduction" and closing statement by their attorney, took less than a minute. ( B) I was asked one question, then allowed to answer, and the next statement was a motion by one of the Board members to deny my petition, followed by a vote to deny by the other 2 board members. Case closed. ( C) I was given no time or option to protest. I am enclosing Attachments (ie. "A", "B", "C", etc.) To provide a history of the case, in order of filing. A fairly large "Plot Plan" of the development which I am using for a part of my petitions will be presented at the hearing. Respectfully, (fie Carlisle McQueen 9125 WCR70 Windsor, CO 80550 Attachment "A" May 23, 2001 Debbie Fangmeier Weld County Assessors Office 1400 N. 17th Avenue Greeley, CO 80631 RE: Account Number R1400886 Address: 9125 Weld County Road 70 Windsor, CO 80550 Owners: McQueen, Carlisle and Lois Subject: Notice of Valuation of Real Property for year 2001. Topic: Reasons for Disagreement of Assessments for 2001. (1) The recent annexation of 215.58 Acres by the Town of Windsor, immediately south of 9125 WCR 70, and containing what we call High Density housing, with 710 private residents, is a highly degrading factor in the value of homes directly across from this development. It will forever destroy the present environment and somewhat "Tranquil" living conditions previously enjoyed. The increased traffic and"construction" disruptions and upheaval will be with us for 5 to 10 years, and somewhat forever. The owner of a home next to ours, which has been for sale for over 11 months, lays most of the blame on the "Development" Sign across the street from both our properties. Road and "bypass" construction, and a severe increase in Traffic and congestion now "on the books", will do nothing but decrease the present valuations. Traffic onto WCR 70, past my driveway, will increase by a Thousand percent, and pollution and noise also. (2) Proposed"widening" of WCR 70 to accommodate growth will remove at least 14 of my nicest trees in the area. Also would require moving of the water meter and "pit", plus "other" water type items. (3) Soil over entire property is extremely alkaline, and would require replacement in order to grow anything. It was a "collection" basin for irrigation runoff for years. Page 1 of 3 Attachment "A" Continued (4) This house is a "one in a thousand" (1-1000) type construction for Colorado (typically Californian). Built on a "floating" cement pad, with no basement, or crawlspace, and all utilities buried in cement, without "accessible" maintenance or modification or update. (5) Main floor on two sides (north and east) is underground, with no windows, requiring lights to be on for "usage" at any time of day or night. Higher utility costs. (6) High Maintenance property, as it exists now. Many man hours (20/30 week), necessary to maintain during the summer months,just to keep it in "reasonable" condition. Spent over $350.00 last year on weed and grass killers. (7) "Assessors" Valuation based on a "paper" gain only. No real gain in value until sold. Like "stocks". Page 2 of 3 7Ta cli.Mea, ' , v /LS ai 7 J • ___ >_ . 1 M is \9 °AEELEY •• �J bi - N` i. �� ,; \ ZIR ANNEXATION & 17 - 1 gvalsc;.: n,� -I a, '� .,' :o� �— MASTER PLAN ... - rA ' 4"`° \ • APPLICATIONS 4-759 )4O'/ op\ . r • J. 1 —.�__� REZONING a 1 T ; s, APPLICATION 4]95 _. — 1 • 4796 v v '• • �r �\ I•. a z ..�, r�(�TT���I �TT L r W�dsosi •I• '1, GO /�., u, (Yl . �/ % _yam.•\O'z q VICINITY MAP PA-4e 323 • NOTICE OF ADJUSTMENT OFFICE OF COUNTY ASSESSOR 5 1400 NORTH 17th AVE. PT S1 10-6-67 LOT B R25 EXEMPT IIIIIIII RE 477 1 ( .26R) SITUS : 9125 70 CR 001 • GREELEY,CO 80631 WELD 00000 SITUS : 9125 70 CR 002 PHONE(970)353-3845,EXT.3650 Wi�Dc. WELD 00000 COLORADO OWNER: MCQUEEN CARLISLE & LOIS ANN MCQUEEN CARLISLE & LOIS ANN LOG 3172 08071000004 9125 WELD CO RD 70 ACCOUNT R1400886 WINDSOR, CO 80550 YEAR 2001 The appraised value of property is based on the appropriate consideration of the approaches to value required by law. The Assessor has determined that your property should be included in the following category(ies): Residential property - The property is valued by the market aproach to value . If your concern is the amount of your property tax,local taxing authorities(county,city,fire protection,and other special districts) hold budget hearings in the fall. Please refer to your tax bill or ask your Assessor for a listing of these districts,and plan to attend these budget hearings. The Assessor has carefully studied all available information.giving particular attention to the specifics included on your protest.and has determined the valuation(s)assigned to your property. The reasons for this determination of value are as follows: Based on a study of comparable properties that sold from 1/1/99 to 6/30/00 we have adjusted your property to the level of value as shown below. PETITIONER'S ASSESSOR'S VALUATION PROPERTY CLASSIFICATION ESTIMATE OF VALUE ACTUAL VALUE ACTUAL VALUE PRIOR TO REVIEW AFTER REVIEW RESIDENTIAL 266260 247532 • $ 266260 $ 247532 TOTALS $ APPEAL DEADLINES: REAL PROPERTY-JULY 16,PERSONAL PROPERTY-JULY 20. If you disagree with the Assessor's decision,you have the right to appeal to the County Board of Equalization for f er consideration,39-8- 106(1)(a),C.R.S. Please see the back of this form for detailed information on filing your appeal. 6/21/2001 By: Stanley F. Sessions WELD COUNTY ASSESSOR DATE 15-DPI-AR I�h I HOT' YYt4� 4' Lott,, /�o/al Form PR-207-87/99 ADDITIONAL INFORMATION ON REVERSE SIDE YOU HAVE THE RIGHT TO APPEAL THE ASSESSOR'S DECISION The County Board of Equalization will sit to hear appeals beginning July 2 and continuing through August 6 for real property (land and buildings) and personal property (furnishings, machinery, and equipment) 39-8-104 and 39-8- 107(2), C.R.S. APPEAL PROCEDURES: If you choose to appeal the Assessor's decision, mail or deliver one copy of this compleated form to the County Board of Equalization. To preserve your right to appeal, your appeal must be POSTMARKED OR DELIVERED ON OR BEFORE JULY 16 FOR REAL PROPERTY, AND JULY 20 FOR PERSONAL PROPERTY. WELD COUNTY BOARD OF EQUALIZATION 915 10th Street, P.O. Box 758 Greeley, Colorado 80632 Telephone (970)356-4000 Ext. 4225 NOTIFICATION OF HEARING: You will be notified of the time and place set for the hearing of your appeal. COUNTY BOARD OF EQUALIZATION'S DETERMINATION: The County Board of Equalization must make a decision on your appeal and mail you a determination within five business days of that decision. The County Board must conclude its hearings and render decisions by August 6. TAXPAYER RIGHTS FOR FURTHER APPEALS: If you are not satisfied with the County Board of Equalization's decision you must file within thirty days of the County Board of Equalization's written decision with ONE of the following: Board of Assessment Appeals (BAA): Contact the BAA at 1313 Sherman, Room 315, Denver, Colorado 80203, (303)866-5880. District Court: 9th Avenue and 9th Street, P.O. Box C Greeley, Colorado 80632 Telephone (970) 356-4000, Ext. 4520 Arbitration: WELD COUNTY BOARD OF EQUALIZATION 915 10th Street, P.O. Box 758 Greeley, Colorado 80632 Telephone (970) 356-4000, Ext. 4225 If you do not receive a determination from the County Board of Equalization, you must file an appeal with the Board of Assessment Appeals by September 12. TO PRESERVE YOUR APPEAL RIGHTS, YOU MUST PROVE YOU HAVE FILED A TIMELY APPEAL; THEREFORE, WE RECOMMEND ALL CORRESPONDENCE BE MAILED WITH PROOF OF MAILING. PETITION TO THE COUNTY BOARD OF EQUALIZATION In the space below, please explain why you disagree with the Assessor's valuation. IN ACCORDANCE WITH 39- 8-106, C.R.S., YOU MUST STATE YOUR OPINION OF VALUE IN TERMS OF A SPECIFIC DOLLAR AMOUNT. Attach additional documents as necessary. r(jj j de tc T �t1,ty-{ CIAO y(1 �rnJicit.0 j0IC wf13 g_iJra. a vh Si b Cm4t('7 ) Lartens O r ( I 1c J( ra��ic V ft- ✓ A The /�Jf r.fzv 'r ftaz, (L, l 7 Eink L r- inCr CemJe cr cr7 �c 3 el hi flit yea i /S eACeSSiv( (3) % a:m:2 ( /� t( ie�'c GL&F cc rv(C✓YCSc e -1 /iZe r{`5/�P<{1,F) Ar ��� 66 4- _77.4_,:_e Ft d c /A v. x.n � , ,v, // Tic., 6c �'io/L '7/( ✓� — SIUNA JUKE OF 1't III UNLK UAL z.Ga 1s� f'C� 2, r/Zi/7 // z DO Attachment "C" July 27, 2001 Weld County Board of Equalization 915 10th Street P.O. Box 758 Greeley, CO 80632 RE: Account Number R1400886 Address: 9125 WCR 70 Windsor, CO 80550 Owners: McQueen, Carlisle and Lois Subject: "Notice of Valuation" for year 2001 Topic: Appeal to The County Board of Equalization. Hearing to confirm disagreement with Assessor. (1) I do not believe that any consideration was given to my "original" protests to the assessor. (2) I do not agree with many of the "adjustments" to my property by the assessor in the list of three (3) comparables. (3) I do not believe that "3" comparables are sufficient to justify a "pattern" in value, especially when none of those comparables are subjected to the development of large, High Density, housing area directly across the street from subject property. (4) I do not believe that the assessors put enough emphasis on the "type" of construction used on this residence. Also loss of basement or any possibility to update or modify are prohibited. (5) Since the start of the development across the street from subject property, out of seven(7)homes in this row, two have sold, one is for sale (one for more than one year), and two (2) are in the process of getting ready for sale. (6) I believe that Article 10-Section 20 - Sub-Section (4) - CRS is being violated by The County Taxing District, and I'm not sure about Article x- Section 3- CRS. Page 1 of 1 ArAckoloir a a~ RESOLUTION RE: THE BOARD OF EQUALIZATION, 2001, WELD COUNTY, COLORADO -ADJUST VALUE IN PART PETITION OF: MCQUEEN CARLISLE & LOIS ANN 9125 WELD CO RD 70 WINDSOR, CO 80550 DESCRIPTION OF PROPERTY: ACCOUNT#: R1400886 PARCEL#: 080710000042 - PT SW4 10-6-67 LOT B REC EXEMPT RE-471 (.26R) SITUS: 9125 70 CR 001 WELD 00000 SITUS: 9125 70 CR 002 WELD 00000 WHEREAS, the Board` of County Commissioners of Weld County, Colorado, convened as the Board of Equalization for the purpose of adjusting/equalizingh ising or lowering the assessment and valuation of real and personal property'vithin Weld County, fixed and made by the County Assessor for the year 2001, and WHEREAS, said petition has been heard before the County Assessor and due Notice of Determination thereon has been given to the taxpayer(s), and WHEREAS, the taxpayer(s) presented a petition of appeal of the County Assessor's valuation for the year 2001, claiming that the property described in such petition was assessed too high, as more specifically stated in said petition, and WHEREAS, said petitioner being present, and 77) WHEREAS, the Board has made its findings on the evidence, testimony and remonstrances and is now fully informed. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, acting as the Board of Equalization, that the evidence presented at the hearing supported, in art he value placed upon the property by the petitioner. The assessment and valuation of the Weld County Assessor shall be, and hereby is, adjusted as follows: ACTUAL VALUE AS DETERMINED ADJUSTED BY ASSESSOR ACTUAL VALUE Land $ 68,390 $ 68,390 Improvements OR Personal Property 197,870 179,142 TOTAL $ 266,260 $ 247,532 p 2001-2049 PO. A` '� P. ('.A . M u 4 / al 3 AS0049 RE: BOE - MCQUEEN CARLISLE & LOIS ANN Page 2 BE IT FURTHER RESOLVED that a denial of a petition, in whole or in part, by the Board of Equalization may be appealed by selecting .ne •f the following three options; however, said appeal must be filed within thirty (30) days of is resolution: 1. Board of Assessment Appeals: You have the right to appeal the County Board of Equalization's (CBOE's) decision to the Board of Assessment Appeals (BAA). Such hearing is the final hearing at which testimony, exhibits, or any other evidence may be introduced. If the decision of the BAA is further appealed to the Court of Appeals, only the record created at the BAA hearing shall be the asis a ourt's decision. No new evidence can be introduced at the Court of Appeals. (Section 39-8-10$(1'0), CRS) Appeals to the BAA must be made on forms furnished by the BAA, and should be mailed or delivered within thirty (30) days of denial by the CBOE to: Board of Assessment Appeals 1313 Sherman Street, Room 523 Denver, CO 80203 Phone: 866-5880 OR 2. District Court: You have the right to appeal the CBOE's decision to the District Court of the county wherein your property is located. New testimony, exhibits or any other evidence may be introduced at the District Court hearing. For filing requirements, please contact your attorney or the Clerk of the District Court. Further appeal of the District Court's decision is made to the Court of Appeals for a review of the record. (Section 39-8-108(1), CRS) OR 3. Binding Arbitration: You have the right to submit your case to arbitration. If you choose this option the arbitrator's decision is final and your right to appeal your current valuation ends. (Section 39-8-108.5, CRS) Selecting the Arbitrator: In order to pursue arbitration, you must notify the CBOE of your intent. You and the CBOE select an arbitrator from the official list of qualified people. If you cannot agree on an arbitrator, the District Court of the county in which the property is located will make the selection. 2001-2049 el `1 i AS0049 RE: BOE - MCQUEEN CARLISLE & LOIS ANN Page 3 Arbitration Hearing Procedure: Arbitration hearings are held within sixty days from the date the arbitrator is selected. Both you and the CBOE are entitled to participate. The hearings are informal. The arbitrator has the authority to issue subpoenas for witnesses, books, records, documents and other evidence. He also has the power to administer oaths, and all questions of law and fact shall be determined by him. The arbitration hearing may be confidential and closed to the public, upon mutual agreement. The arbitrator's written decision must be delivered to both parties personally or by registered mail within ten (10) days of the hearing. Such decision is final and not subject to review. Fees and Expenses: The arbitrator's fees and expenses are agreed upon by you and the CBOE. In the case of residential real property, such fees and expenses cannot exceed $150.00 per case. The arbitrator's fees and expenses, not including counsel fees, are to be paid as provided in the decision. The above and foregoing Resolution was, on mgtion duly made and seconded, adopted by the following vote on the 27th day of July, A.D., 0� 01 reen-ciL, �4� ?-4 BOARD OF C UNTY COMMISSIONERS WELD CO , COLORADO ATTEST: gety/t // /L/,C/ 77 D�/�/ . J. eile, Chair W . Clerk to the Board EXCUSED Glenn Vaad, Pro-Tern ..�: iam (�� s�''� f���. the Board C l m H. Jerke `r, - •�T r,, S .r. FORM: \ Davi . Long • - - County Attorney EXCUSED —`•y Robert D. Masden 2001-2049 P 9 v AS0049 Attachment "E" August 22, 2001 Names, Addresses, and Phone Numbers: Office of County Assessor 1400 North 17th Avenue Greeley, CO 80631 (970)353-3845 Ext. 3650 Weld County Board of Equalization 915 10th Street P.O. Box 758 Greeley, CO 80632 (970)356-4000 Ext. 4225 Lois A. McQueen - Co-owner 9125 WCR 70 Windsor, CO 80550 (970)686-2055 Page 1 of 1 Hello