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
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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
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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
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