HomeMy WebLinkAbout930713.tiff RESOLUTION
RE: THE BOARD OF EQUALIZATION, 1993, WELD COUNTY, COLORADO
PETITION OF:
MUSIL JOHN EDWARD & LILLIAN ESTELENE
P 0 BOX 143
EATON, CO 80615
DESCRIPTION OF PROPERTY: PIN: R 0860586 PARCEL: 070736404002 - ETN GA-5
L5 BLK1 GOODELL ADD%425 BIRCH%
WHEREAS, the Board of County Commissioners of Weld County, Colorado,
organized as the Board of Equalization for the purpose of adjusting, equalizing,
raising or lowering the assessment and valuation of real and personal property
within Weld County, fixed and made by the County Assessor for the year 1993, 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 1993, 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
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 part, the 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:
930713
A5O0a7
Page 2
RE: BOE - MUSIL JOHN EDWARD & LILLIAN ESTELENE
ORIGINAL ADJUSTED
Land $ 12,500 $ 12,500
Improvements OR
Personal Property 81, 780 74,500
TOTAL ACTUAL VALUE $ 94,280 $ 87, 000
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 one of the following three
options:
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 basis for the Court's decision. No new evidence can
be introduced at the Court of Appeals. (Section 39-8-108(10) ,
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 OBOE to:
Board of Assessment Appeals
1313 Sherman Street, Room 523
Denver, CO 80203
Phone: 866-5880
OR
930713
Page 3
RE: BOE - MUSIL JOHN EDWARD & LILLIAN ESTELENE
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.
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.
930713
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RE: BOE - MUSIL JOHN EDWARD & LILLIAN ESTELENE
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 29th day of July, A.D. , 1993.
f} BOARD OF COUNTY COMMISSIONERS
ATTEST• !,A !1 ! / WELD) COUNTY, COLORADO
Weld ounty `Clerk to the Board (�E7.7w�y7.. 47S de.X-7.(0"-
Constan
ce L. Harbert, Chairman
BY: 44.6:11-44_,,�
Deputy Clerk o the Board W.APPROVED AS TO FORM: �e.< /IYL
GeorgeBaxter
County Attorne - , /e K. Hall
✓✓✓�✓/Barbara J. Kirkme er o
930713
ace
BOE DECISION SHEET
PIN 11: R 0860586 PARCEL ll: 070736404002
MUSIL JOHN EDWARD & LILLIAN ESTELENE
P 0 BOX 143
EATON, CO 80615
HEARING DATE: Jul
y 'Q, 1993 TIME: 4:00 P.M.
HEARING ATTENDED? PN) NAME: Se ) - C 80-}-k)
AGENT NAME:
APPRAISER NAME: � d, ; -}-L 41
, I +-
DECISION:
DECREASE IN VALUATION
INCREASE IN VALUATION
NO CHANGE IN VALUATION
ASSESSMENT RATIO
ACTUAL VALUATION
ORIGINAL ADJUSTED
Land $ 12,500 $ J r D
Improvements OR
Personal Property 81, 780
Total Actual Value $ 94,280 $ R 'i OD
COMMENTS:
MOTION BY ,_/-? Lc) TO E y 1 �CL,r +- — iNv -' C 4-
SECONDED BY -RE 1 Baxter -- pppp����yyyyN)
Hall -- N)
Failed to meet burden of proof Harbert N)
Comparables inadequate Kirkmeyer �Q'N)
Other: Webster - �y N)
RESOLUTION NO.
930713
(11 • 6
CLERK TO THE BOARD
P.O. BOX 758
ip GREELEY,COLORADO 80832
(303)3561000 EXT.4225
e
COLORADO
July 20, 1993
Parcel No. : 070736404002 PIN No. : R 0860586
MUSIL JOHN EDWARD & LILLIAN ESTELENE
P 0 BOX 143
EATON, CO 80615
Dear Petitioner(s) :
The Weld County Board of Equalization has set a date of Friday, July 30,
1993, at or about the hour of 3:00 P.M. , to hold a hearing on your
valuation for assessment. This hearing will be held at the Weld County
Centennial Center, 915 10th Street, Greeley, Colorado, in the First Floor
Hearing Room.
You have a right to attend this hearing and present evidence in support of
your petition. The Weld County Assessor will be present before the Board.
The Board will make their decision on the basis of the record made at the
aforementioned hearing, as well as your petition, so it would be in your
interest to have a representative present. If you plan to be represented
by an agent or an attorney at your hearing, prior to the hearing you shall
provide, in writing to the Clerk to the Board's Office, an authorization
for the agent or attorney to represent you. If you do not choose to
attend this hearing, a decision will still be made by the Board by the
close of business on August 10, 1992, and mailed to you on or before
August 16, 1992.
Because of the volume of cases before the Board of Equalization, all cases
shall be limited to 15 minutes. Also due to volume, cases cannot be
rescheduled. It is imperative that you provide evidence to support your
position. This may include evidence that similar homes in your area are
valued less than yours or you are being assessed on improvements you do
not have. Please note: The fact that your valuation has increased cannot
be your sole basis of appeal. Without documented evidence as indicated
above, the Board will have no choice but to deny your appeal.
930713
MUSIL JOHN EDWARD & LILLIAN ESTELENE - R 0860586
Page 2
At least two (2) working days prior to your hearing the Assessor will have
available, at your request, the data supporting his valuation of your
property.
Please advise me if you decide not to keep your appointment as scheduled.
If you need any additional information, please call me at your
convenience.
Very truly yours,
BOARD OF EQUALIZATION
41
Donald D. Warden,
Clerk to the Board
BY: ryi -�0 y77
Linda M. Dodge, Deputy
cc: Warren Lasell, Assessor
930 -
REAL PROPERTY PROTEST FORM
YOU MAY ELECT TO COMPLETE THIS FORM TO PROTEST YOUR
PROPERTY VALUATION OR CLASSIFICATION.
REAL PROPERTY VALUATION pR@iEgT• ft you disagree with the 'current year actual value'or the
classification determined for yoµS,prlopt. r-Slt7ilt.iliay file a protest by mail or in person with the County
Assessor. Please refer to the Prrtb§l'Procedures fortthe deadline dates for filing protests.
Completing the Real Property Quest#ottnaIre will help-you determine an estimate of value for your property,
which can be compared to the value flptercninaby the Assessor,Colorado law requires consideration of the
market approach to value forresiderli f'pifoperties(in*des apartments)and the cost,market,and income
approaches to value for vacant land,tofnmercial, an&:ipdustrial properties.
!� DOCUMEI 'ATIOII—REASON:FOR REQUESTING A REVIEW:
• C✓v^ 5, Q/e r q 'f'/> :n �, r 4 I,.,r r:;'�.�
r,� ���r Acre`'" ." : ,.••
REAL.PROPERTY.QUESTIONNAIRE
ATTACH ISII.P011;rig:ZOCUMENTS AS NECESSARY
MARKET APPROACH: This appkachtovalue.use, sales from the appropriate time period to determine the
actual value of your property.The following itemCif known,will help you estimate the market value of your
property.
If available,attach a copy of any appraisal or written estimate of value.
Have similar properties in your immediate neighborhood sold?
DATE SOLD PROPERTY ADDRESS SELLING PRICE
/2 6.a .sue S, AoY`i -P77/_7e_v
9 - f kV* Po.,de•41$4-• --.-- -.__ �6�OQ�_---- •
-
-a 4'•- ai J '
Based on these sales and accounting for differences between sold
properties and your property, state the value of your property. $ !.s__42.
COST APPROACH: (US7 FOR NON-RESIDENTIAL PROPERTIES ONLY.)This approach to value uses
replacement construction costs from the appropriate time period to determine the value of your property.The
following items, if known,will help you estimate the replacement cost of your property.
Year Built Builder Original Construction Cost
List all changes made to your property prior to January 1 of the current year,i.e..remodeling of storefront:
expansion of storage area; addition to parking, service or manufacturing area.
DATE DESCRIPTION OF CHANGE COST
Is your structure in typical condition for its age? If not,why?
Based on the original cost of construction and
of any changes,state the total value of your property$
• INCOME APPROACH: (USE FOR-NON-RESIDENTIAL PROPERTIES ONLY.) This approach to value
converts economic net income from the appropriate time period into present worth.
If your property was rented or leased,attach operating statements showing rental and expense amounts for
this property.
Indicate square foot rental rate for all tenants who negotiated leases. (Attach rent schedule)
If known, list rents of comparable properties.
If available,attach operating statements showing rental and expense amounts for comparable properties.
if an appraisal using the income approach was conducted, please attach.
FINAL ESTIMATE OF VALUE $
AGENTASSIGNMENT: I authorize the below-named agent to act on my behalf regarding the property tax
valuation of the property described herein for the year
Agent's Name(please print): Telephone Number:
Owner's Signature: Date:
Please mail all correspondence regarding this protest to the above-named agent at the following address:
Indicate name and telephone number fora person the Assessor may contact if an on-site inspection is necessary:
VERIFICATION: I,the undersigned owner or agent of this property,state that the information and facts con-
tained herein and on any attachment constitute true and complete statements concerning the described property.
Signature Date
Day Time Phone Number:
re-
e30713
rauttp�6a5�6 O�6 . COUNTY ASSESSOR
� m 7•Q 0ECEIVE .
JUL 1 5 1993 I}
TO THE COUNTY BOARD OF EQUALIZATION:
OMMLE , 014.
This letter is regarding the value of our property. Our house was
built in 1965 and we moved in in February of 1966 . The total cost
of the original house was $ 14, 500 , plus the lot . . We have the
contract to show you. Needless to say this was not a house of
luxury. We were just happy to have a home to live in with our
three children.
We had to cut costs in many ways in order to make it affordable to
have a home . Our house does not have a fireplace as most homes did
back when we built nor did it have a double garage . Both front and
back doors are hollow core instead of solid core . The main
bathroom has plastic tiled walls instead of ceramic . We did
install a tub liner when the plastic tile fell off around the tub.
The 3/4 bath in the basement was home made . All bath room fixtures
are in poor condition because of age and quality.
None of the basement was ever comletely finished, even the part
that is classified finished lacks trim around the windows and has
no baseboard. The ceiling is stained from water leaks. The
driveway was cracked shortly after it was installed because it was
done during the winter time.
After 27 years of use this house would need a lot of work in order
to sell for the market price listed on our tax form. It would need
a new furnace , new carpets and much more .
Because Lillian had a very serious accident which left her partly
handicapped, we did add a room to the house in 1989.
When comparing to our neighbors we found that our property value
was increased at a much higher rate than other homes of our
neighborhood. We also know that some homes in Eaton were not
raised at all .
W would be glad to meet with you to discuss this in more detail .
John E and Lillian E Musil
425 Birch Avenue
Eaton, Colorado 80615
cr c s 930113
if EXHIBIT
�'Lf11SZ4z25�
July 29, 1993 � -
We built an economy home not one of luxury costing $14 , 500
Our near neighbors have hot water baseboard heat while ours is hot
air.
They have two car garages,we built one.
They have fireplacess --we do not .
Concrete drive is cracked.
Entry doors need to be replaced with solid core.
4 rooms need repainting from the original 27 years ago
Furance needs replacing--cost of 2,400
Carpets needs to be replaced
Basement area was never completely finished.
Basement 3/4 bath was all home made . cabinet never painted and
carpet is used, salvaged
Main bath has plastic tile repaired around tub with tub liner.
All bathroom fixtures need to be replaced
House was constructed in 1965-66 but listed as 1970 _Why?
Shed in the Back
520 sq ft . steel siding assessed at 6 , 494 . 80
480 sq ft . brick 5 , 356 .80
Why is this building assessed higher than an attached brick garage?
John and Lillian Musil
930713
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