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HomeMy WebLinkAbout971610.tiff RESOLUTION RE: THE BOARD OF EQUALIZATION, 1997, WELD COUNTY, COLORADO - DENY PETITIONER'S APPEAL AND AFFIRM ASSESSOR'S VALUE PETITION OF: GRABOWSKI JAMES A & LAURENE M 9061 APACHE RD LONGMONT, CO 80501 DESCRIPTION OF PROPERTY: PIN: R5407386 PARCEL: 131117005053 - 1CA-23 L23 CASAGRANDE ESTATES 1ST %9061 APACHE RD% WHEREAS,the Board of County Commissioners of Weld County, Colorado, convened 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 1997, 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 1997, claiming that the property described in such petition was assessed too high, as more specifically stated in said petition, and WHEREAS, said petitioner not being present or represented, 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 Weld County Board of Equalization, that the evidence presented at the hearing clearly supportea the value placed upon the Petitioner's property, after review by the Weld County Assessor. Such evidence indicated the value was reasonable, equitable, and derived according to the methodologies, percentages, figures and formulas dictated to the Weld County Assessor by law. The assessment and valuation of the Weld County Assessor shall be, and hereby is, affirmed as follows: ACTUAL VALUE AS DETERMINED BY ASSESSOR Land $ 67,080 Improvements OR Personal Property 92,121 TOTAL ACTUAL VALUE $ 159,201 971610 AS0038 RE: BOE - GRABOWSKI JAMES A & LAURENE M 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 one of the following three options; however, said appeal must be filed within 30 days of the denial: 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 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. 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. 971610 AS0038 RE: BOE - GRABOWSKI JAMES A & LAURENE M Page 3 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$150.00 per case. The arbitrator's fees and expenses, not including counsel fees, are to be paid as provided in the decision. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 4th day of August, A.D., 1997. BOARD OF COUNTY COMMISSIONERS WELD C NTY, COL RAID/O,/////�_ �_•R ,, , ";� Il ,\ ► ai eorge E. Baxter, Chair e �. a=rk the Board �j / ';) '`, / tance L Ha •e '�� em 1, c!,rfil. y--: ithe Board /' 'f�it�� ' %/21,,Ui .'a ' . . Dale K. Hall AP- '"i=rn TO FORM: EXCUSED Barbara J. Kirkme r Assi f nt Cou Attorney , ii, b ,�,vh ,q- W. H. Webster 971610 AS0038 NOTICE OF DENIAL • OFFICE OF COUNTY ASSESSOR 1CA-23 L23 CASAGRANDE ESTATE�•'ISTU) I 1400NORTH 17th AVE. rit6 %9061 APACHE RD% ' - - GREELEY,CO 80631 � PHONE(970)353-3845,EXT.3650 • WI I D Ci OWNER: GRABOWSKI JAMES A & LAUREN$ k[Ljl COLORADO GRABOWSKI JAMES A & LAURENE M LOG 6284 9061 APACHE RD PARCEL 131117005053 ACCOUNT R5407386 LONGMONT, CO 80501 YEAR 1997 07/02/1997 The appraisal 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 IS VALUED BY CONSIDERING THE MARKET APPROACH. 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 defemination of value are: DUE TO THE VOLUME OF APPEALS YOUR NOTICE OF DETERMINATION HAS BEEN DELAYED AND POSTMARKED LATER THAN JUNE 30TH. IF YOU WISH TO APPFAT YOUR VALUATION FURTHER PLEASE FORWARD A COPY OF YOUR NOTICE SHOWING THIS MESSAGE ALONG WITH YOUR DESIRE TO GO TO THE COUNTY BOARD OF EQUALIZATION. THIS WILL ALLOW YOU AN EXTENSION THROUGH MIDNIGHT JULY 21ST. YOUR PROPERTY HAS BEEN UNIFORMLY VALUED FOLLOWING COLORADO LAW AND INSTRUCTIONS PUBLISHED BY THE STATE DIVISION OF PROPERTY TAXATION. YOUR PROTEST OF VALUE HAS BEEN DENIED DUE TO COMPARISON OF OTHER SIMILAR PROPERTIES WHICH SOLD DURING THE 1995/1996 TIME PERIOD. THIS COMPARISON SHOWS YOUR ACTUAL PROPERTY VALUE TO BE CORRECT FOR THAT PERIOD. PETITIONER'S ASSESSOR'S VALUATION �I PROPERTY CLASSIFICATION ESTIMATE OF VALUE ACTUAL VALUE I ACTUAL VALUE PRIOR TO REVIEW AFTER REVIEW LAND 67080 67080 IMPS 92121 92121 • • TOTALS $ $ 159201 $ 159201 If you disagree with the Assessor's decision,you have the right to appeal to the County Board of Equalization for further consideration,39-8- 106(1)(a),C.R.S. Please see the back of this form for detailed information on filing your appeal. 07/02/1997 By: WARREN L. LASELL WELD COUNTY ASSESSOR DATE I5-DPT-AR Form PR-207-87/94 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 1 and continuing through August 5 for real property (land and buildings) and personal property (furnishings, machinery, and equipment) 39-8-104 and 39-8- 1.07(2), C.R.S. APPEAL PROCEDURES: If you choose to appeal the Assessor's decision you must appeal to the County Board of Equalization. To preserve your right to appeal, your appeal must be POSTMARKED OR DELIVERED ON OR BEFORE JULY 15 FOR REAL PROPERTY, AND JULY 21 FOR PERSONAL PROPERTY. hat CERTIFIED rekt PI P 044 476 20 , - 32 , ¶rncrrc cO So5c� MAIL - - _ , „, . Q, �4 G, � Cam, y�fi� �, 0 ,�t , 9/5 /O S , , ��` �� 2o. 75? Bits ez g06,3a_. 1 ..aE 2.,cnsa . „„I,li, l,,,,II,„I,Iil,,,,i,..,L,L,l,l,f„I,I„1,1 WELlJ UUUN 1 I BURRO Ut Lt uALtLA1!UN 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 11. 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(1.5), C.R.S., YOU MUST STATE YOUR OPINION OF VALUE IN TERMS OF A SPECIFIC DOLLAR AMOUNT. Attach additional documents as necessary. Any increase in property value has been negated, if not decreased, due to the rezoning of Firestone annexed land across the street. In 1996, a coiluercial plant (AFT) was built. Into our quiet country aluusphere has cone 24 hour-a-Hay, 7 days-a-week commercial operation, high power lights and the acconpanying noise and traffic pollution. No matter where you are on our property, you have the sight of the plant by day, the lights by night and noise continuously. We feel our taxes should remain at $145, 785 because this plant has hurt our resale value tremendously. I I ( y 4g0a-k1A ,fIy/(I/ *liq ` .W 11 fC.` �N l /�JIUNA I UKt.()F k't:111 R U i 2 ti J Gc a C 'tA rA` LD , ♦ t1 LU -_r I- C I a ;, . , cr 02 c/) p 9 a a- • a it r .11'' ' ' ql v 14 , , i Pr • ..._ • • •- • ,, , vi . , . • • . c...0 . , . • 4 0 . 0 - . . .. 5, 1 a- . . r' . . .t 0• , 1 e. , .• 4 4- • '0 4 it . Ar 4' tp„ .... 1 ).R.• ,.4. "... 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Ncc ct 2 M a nl rfl V' N V • a - >� E 1 Q E C E E E o 0 `n v r u U 0 aaa' rit • CLERK TO THE BOARD PHONE (970) 356-4000 EXT.4225 FAX: (970) 352-0242 915 10TSTREET STREET P.O. BOX 758 ' GREELEY, COLORADO 80632 COLORADO July 23, 1997 Parcel No.:131117005053 PIN No.: R5407386 GRABOWSKI JAMES A & LAURENE M 9061 APACHE RD LONGMONTC080501 Dear Petitioner(s): The Weld County Board of Equalization has set a date of Monday, August 4, 1997, at or about the hour of 1:30 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. A number of hearings have been scheduled at this time; peitioners will be asked to sign in with the Clerk upon arrival, and cases will be heard on a first come/first heard basis. You have a right to attend this hearing and present evidence to the Board in support of your petition. The Weld County Assessor or his representative will be present. The Board will make its decision on the basis of the record made at said 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 5, 1997, and mailed to you on or before August 10, 1997. Because of the volume of cases before the Board of Equalization, all cases shall be limited to 15 minutes, of which you will be allowed 10 minutes for your presentation. 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. GRABOWSKI JAMES A& LAURENE M - R5407386 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, BOA OF EQUALIZATIONkia �7 Donald D. Warden, Clerk to the Board /� BY: 74iJ..ar—Yi.�� Ades' Carol A. Harding � Deputy Clerk to the Board cc: Warren Lasell, Assessor Hello