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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 Page 4 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 - a DI1- s ll. \` V 0' - 1/41 O O 0 D(4 oo"- 6�`oColn� bo owl VI ^l °oolp1. 7Oo 01 -a.,p> 4ah? -z''aorgl3 )- o•Mom nl 0 t1++ I- Z ^/ W ` ° -f-M o O T O T c O ¢ t -4 f ± K j Pi X O X J K J )4 d 4 0 o d 0'�3 do 0 I- ? a_ go t cc jQo °' Wn iy "1�F �IRS �mvZmd � Ft CO pp F 1Y . I . 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