HomeMy WebLinkAboutbocc.res.060.2008~,eso%~i6a l~D ~~~~~"OD~
FOR ASSESSORS AND COUNTY COMMISSIONERS USE ONLY
(Section III or Section IV must be completed)
Every petition for abatement or refund fled pursuant to section 39-10-114 shall be acted upon pursuant to the provisions of this section by ihe
board of county commissioners or the assessor, as appropriate, within siz moMhs of lhe date of filing such petition, § 39-1-113(7.7), C.R.S.
Section III: Written Mutual Agreement of Assessor and Petitioner
(Only for abatements up to $1,000)
The commissioners of County authorize the assessor by Resolution No.
to review petitions for abatement or refund and to settle by written mutual agreement any such peti6on o~
abatement or refund in an amount of one thousand dollars or less per tract, parcel, or lot of Iand or per schedule
of personal property, in accordance with § 39-1-113(1.5), C-R.S.
The assessor and petitioner mutually agree to the values and tax abatemenUrefund of:
Tax Year
Actual Assessed Tax
Tax Year
Actual Assessed Tax
Original
Corrected
AbatelRefund
Note: The total tax amount does not include accrued ~intarest, penalGes, and (ees associated with late and/or delinquent tax payments, it
applicable. Please contact the county treasurer for full payment information.
Petitioner's Signature Date
Assessor's or Deputy Assessor's Signature Date
section iv: Decision of the County Commissioners
(MUSt be completed if Section III tloes not apply)
\~~HEREAS, Th? County Commssionere of Cour.ty, State of Cclerado, aS a duly 2nd lawb!I!y
called regular meeting held on .S /e~0 / ~ at which meeting there were present the following members:
~ ,/ Month D~y Year ~/ ,~ , .
' ~' //
with notice of such meeting and an opportTunity to be p~ entt having been given to the taxpayer and the Assessor
of said County and Assessor dA~kRH r/tE -F l~ 15A-~-~- (being presen notpresent) and
// Name
petitioner ~~¢!/4. 1f/~lC~ tLw• (being present notpresent), and WHEREAS, The said
Nam
Counry Commissioners have carefully considered the within petition, and are fully advised in relation thereto,
NOW BE IT RESOLVED, That the Board agree does not agree) with the recommendation of the assessor
and the petition be (approved-approved in pa -denied) ith an abatemenUrefund as follows:
Year Assessed Value Taxes Abate/Refund rY~ear Asses~ed Value _ Taxes Abate/Refund
~ Ch~i~rson of the Boartl qfpounty Com 7~to~iers'~Signa re
~ // ~
I, ~-K'~`~- Ef County Clerk and Ex-officio Clerk of tHe Board of C u ~p~i i er:
in and or the a orementioned county, do hereby certify that the above and foregoing order i ~etl~f the
record of the proceedings of the Board of County Commissioners. .,, /,.
~' ,
IN WITNESS WHEREOF, I have hereunto set my hand and a~xed th se I of said County ~._ __.
this ~ day of , o`~ODFT .
onth Year
C Clerk's or Deputy , unty Clerk's Signature
Note: Abatements greater than $1,000 per schedule, per year, must be submieted in dupliQfte to the Property Tax~Administralor tor review
section v: Action of the Property Tax Administrator
(For all abatements greater than 51,000)
The action of the Board of County Commissioners, relative to the within petition, is hereby
^ Approved ^ Approved in part $ ^ Denied for the following reason(s):
Secretary's Signature
Property Tax Administretor's Signature Date
15-DPT-AR No
PETITION FOR ABATEMENT OR REFUND OF TAXE$
County: Date Received
(Use Assessor's or Commissioners' Date Stamp)
Section I: Petitioner, please complete Section I only.
Daie: ~ ~ ~ r~ <J'~~
Monlh Day eaY~ r -
Petitioner's Name:
Petitioner's Mailing Address:
City or Town
SCHEDULE OR PARCEL NUMBER(S)
~r913~I3
State Zip
PROPERTY ADDRESS OR LEGAL DESCRIPTION OF PROPERTY
~ S~OC~ L ~~~f ~ ~~O 'F.O
r v~~~ u 4~-s ~Jr ~~~ s~
Petitioner states that the taxes assessed against the above property for the property tax year _~Z are
incorrect for the following reasons: (Briefly describe the circumstances surrounding the incorrect value or tax.
Attach additional sheets if necessaryJ , ,~~~ ~,. W ,T~ f- y~.~ ~ ~ ;,~ , :.~ ~~'~-~~ l'4~"~ ~ ~
~ Y
~ ~.+~ :~z, e P r~ ~v:J~`~~+~)~..~,d,.~ .ti~,l~ ~%~'-e. r/Pw 6 L;bt ~
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ia" ft. „~ :g c'.4JtT1L.G,~ i~yf K, ,~.Atlli"-~ i~
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~~,~`` 7 h°t`~ ~~ `d'`,` ~ ~'"`~P~C i'~-C e~,~" ~.c~~~,~• `~~,,~-e./~:42~tc,.
P`etitioner's estimate of value: $ (_) ~ ~~ L
Value Year ~~~f ,//~oPSf';,J7'~P~4~
Petitioner requests an abatement or refund of the appropriate taxes.
I declare, under penalty of pery'ury in the second degree, that this petition, together with any accompanying exhi6its
or statements, has been prepared or examined by me, and to the best of my knowledge, information and belief, is
true, correo , and co alete.
V -- Daytime Pho~e Number L,,jl'~_2~ -~~7 ~
Petitioner's Signature
gy Daytime Phone Number ( 1
AgenPs Signature'
'Letter of agency must be attachetl when petition is su6mitted by an agent.
If the board of wunty commissioners, pursuant to section 39-10•114(1), or the property tax administrator, pursuant to saction 39-2•116, denies
the petition tor refufM of abatement of taxes in whole or in part, the petitioner may appeal to the boartl o( assessment appeals pur5uant to the
provisions of section 39-2-125 within lhirty days of the entry of any such decision, § 39-10-114.5(1), C.R.S.
Section II:
Assessor's Recommendation
(For Assessor's Use Only)
Tax Year _ .
n.~~~i as~~s~eC T=~
Original
Corrected
A6ate/Refund
~Assessor recommends approval as outlined above.
No protest was filed for the year: pf a protest was nied, please attach a copy of the NOD.)
~Assessor recommends denial for the following reason(s):
rC~U/'v<).~f'TIG.~l I'UJ i Si?~Z~~ ~~,~vi iL i'G i ~> ~,~ 2 ~ o ~
SEL= /~-7`~~%~L ~' . ~~ ~
~ ~ ~"
A.sessor's or DeouN Assesso~ s Sfgr
No.
~e~ StYcrs Construction, Inc.
Cons~ucttion, Inc. p~ B~1678 Phcme 9709272314
Snnwmas's, Culo. FAX: 970-937~49ti2
81659 email: styeesfmsopiis.net
Monday, February 18, 2008
Mr. Steve Miller
Pitkin County Assessors Office
506 East Main
Suite 202
Aspen, Colo. 81611
Dear Mr. Miller
Per your job site visit I wanted to follow up with a letter stating what we spoke
about on your visit.
We started the excavation in the middle of December 2006 this lasted
approximately one month per the soils report we had to install a concrete pier system for
this foundation. The county does not inspect this system and was left to the soils
engineer. We started to place piers the second week of January, but due to weather and
water we lost many days and completed this process the end of February.
If you should have any questions please do not hesitate to call, thanks
Alan C. Styers
Owner
6.7
Exceptions to the rule include real property that changed taxable status after January 1 and
the classification of land when a structure is assessed as omitted property. (The omitted
~-- structure was in place on January I; therefore, thc use of the land must correspond.)
Partialiv Com~leted Structures
Structures that are partially complete o~ January 1, are classifted according to their intended
use when completed. When a ~ew foundation for a residence is completed as of January l,
the land is reclassified from vacant land to residential improved land. In addition, the
improvement receives a partial assessment based on the portion of the improvement
completed as of January 1. Guidelines to determine the percentage of completion of
partially-constructed residential improvements are published in Section 1, ARL Volume 3.
If, after a period of time as determined by the assessor, no furtl~er construction progress is
made to the property containing a foundation, it may be necessary to redassify the property
as vacant land.
Destroyed Structures
Structures that are fully destroyed prior to January 1 are removed from the assessment roll
and the land is classified as vacant land for the current assessment year. Structures fully
destroyed after January 1 are dassified according to the use on January 1 of the cunent year.
Structures that are partially destroyed prior to January 1 are classified for the current year
according to the previous use. If no effort to rebuild the structure occurs within a year,
reclassifq the property as vacant land. The assessor, after physically inspecting the property
and reviewing the facts, may make the determination to allow the improved classification to
continue.
~
Eauities in State Land
The equity in ]and purchased under contract from the state is classified in the same manner as
though owned by the purchaser. Any improvements on the land are classified according to
their use. For further information, refer to Chapter 3, Specific Administrative Processes,
and ARL Volume 3, LAND VALUATION MANUAL, Chapter 7, Special Issues in Land
Valuation.
Parcels of Land with Residentiai Use
Parcels of land, under common ownership, that are contiguous to land used for a residence
and used as an integral paR of a residence, are classified as residential property. The primary
residential parcel must conform to the definition of residential real property as defined in
§ 39-i-102(14.5), C.R.S., and Sullivan v. Board of Equalization of Denver County, 971 P.2d
675 (Colo. App. 1998).
The assessor's judgment is crucia] in determining if contiguous parcels can be defined as
residentia] property. A physical inspection will provide information critical to this decision.
Suggested judgment criteria to be considered are r~ot limited to the following:
1. Are the parcels considered and actually used as a common u~~it with the residence?
2. Would the parccl(s) in question be conveyed with the residence as a unit?
3. Is the primary purpose of the parcel and associated strucmres to be for the support,
~ enjoyment, or other non-commercial activity of the occupant of the residence?
IS-AR-DP7
ARL VOL 2
1-84 Rev 9-07
KINGEN DAVID 2400 LAZYO RD '~..SNOWMASS ~' 264509101015 Drivewayaccess ___
' 6481 sf New SFR incl 943 sf
KINGEN DAVID 2400 LAZYO RD SNOWMASS 264509101015 garage//3solarpanels
_
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KwaFtd nFV~D ;400LAZY0 RG SNOVJMASS 2b4FOSi10tu15 ~ppli2nces
sue date e permit_no vamauon
~ PITKIN ACCESS
EARTHMOVING
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Pitkin COUnty
Residential Black
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Pit67n Mxhanical
Apri123, 2008
County Board of Equalization
Abatement Summary for the Real Property identified as schedule # R13893
This abatement is for the property owned by Dave Kingen, which is lot 15-R, Lazy O
Ranch in Snowmass. Mr. Kingen is requesting that the classification of his property be
changed from vacant land to residentia] for the 2007 tax year. The primary reason for his
request is that vacant land is assessed at a much higher rate (29% of actual value) than
residential land (7.96% of actual value). His request is based on the fact that he feels that
his new house was under construction as of the January 1, 2007 assessment date. He has
provided a letter from Sryers Construction stating that excavation for access and
foundation had begun in December of 2006 and that this lasted approximately one month.
In mid January, 2007 they started setting the required piers for the foundation and
completed that process by the end of February.
The assessor's office is directed by the Colorado Division of Property Taxation as to how
to apply the laws for property taxation. The Division publishes an Assessor's Reference
Library (ASR) with the guidelines we are to follow. Attached is a copy of page 6.7 from
Volume 2 of the ASR which states that "when a new foundation for a residence is
completed as of January 1, the land is reclassified from vacant land to residential
improved land." It is the assessors position that in this case the foundation was not
completed as of January 1; therefore, the classification as vacant land is correct In
addition, the building permit for the driveway access and the main house were not issued
until January 1 and January 17, 2007 respectively.
Lany Fite
Pitkin County Assessor's Office