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HomeMy WebLinkAboutbocc.res.049.2011 0A6Egg G i =tic , APPROVED BY FOR ASSESSORS AND COUNTY COMMISSIONERS USE ONLY RESOLUTION (Section III gr Section IV must be completed) .r/ 01008- Every petition for abatement or refund filed pursuant to § 39 -10 -114, C.R.S. shall be acted upon pursuant to the provisions this section by the (� Board of County Commissioners or the Assessor, as appropriate, within six months of the date of filing such petition, § 39- 13(1.7), C.R.S. 0 'it/ (1,IpobaWAJ t Section 111: Written Mutual Agreement of Assessor and Petitioner i t-r- (Only for abatements up to $10,000) 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 petition for abatement or refund in an amount of $10,000 or less per tract, parcel, or lot of land 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 abatementlrefund of: Tax Year Tax Year Actual Assessed Tax Actual Assessed Tax Original Corrected Abate /Refund Note: The total tax amount does not include accrued interest, penalties, and fees associated with late and /or delinquent tax payments, if 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 coo if Section III does not apply) WHEREAS, the County Commissioners of //YY /A) County, State of Colorado, at a duly and lawfully called regular meeting held on fp / 6 / /1 , at which meeting there were present the following members: M. h Day Ye- "Want fii LJd , i i g . ; ..., . 1,1, ,i, i , . _ fat,. V„ id: / /41 /.—�`�i//� }b,!.IA �' 1 - i : . with notice of such meeting and an opportunity to be sep t having been give er and the Assessor of said County and Assessor , / � .4 -IZ/2Y eing present- of present) and Petitioner f4 .b h IP12 KN OQRSPA/7F}71 VP. being pres -- of present), and WHEREAS, the said am County Commissioners have carefully refully cons' d the within petition, and are fully advised in relation thereto, NOW BE IT RESOLV 1 ..t the Board agrees oes not agree) with the recommendation of the Assessor and the petition be .�. -- approved in part-- denied) with an abatement/refund as follows: Utk 2.10 con au, . % 7A10 ro 1 6to0 ` i2 Year Assessed Value Taxes Abate /Refund Year Assessed Value Taxe befund / Chairp rson of the Board 0 aunty Commissioners' Signature I, !1 / 1/tp P �i�'/(� County Clerk and Ex- offcio Clerk of the Board ing order of Cobun Commis O ;� irrrfffar� e af`or mentio ceun do hereby certify that the above and forego is ly co pi -. -7 +• �• : rec6rd of the proceedings of the Board of County Commissioners. S: n ,_ T ''',Li, IN WITNESS YVHEREOF, I have hereunto set my hand and affixed the seal of said County 1,1 SEAL this i day of -coke , . / / / �' Month Year r , I '4 •• 3 / /• - o ty •e 's or .eputy County Clerk's S'7 ' ' � ' . Note: Abatements greater than $10,000 per schedule, per year, must be submitted in duplicate to the Property Tax Administrator for review. Section V: Action of the Property Tax Administrator (For all abatements greater than $10,000) The action of the Board of County Commissioners, relative to this abatement petition, is hereby ❑ Approved ❑ Approved in part $ ❑ Denied for the following reason(s): Secretary's Signature Property Tax Administrator's Signature Date 15- DPT -AR No. 920436/11 PETITION FOR ABATEMENT OR REFUND OF TAXES County: Pitkin Date Received (Use Assessor's or Commissioners' Date Stamp) Section 1: Petitioner, please complete Section I only. Date: April 18. 2011 Month Day Year Petitioner's Name: Creeks G, Inc. c/o Hal S. Dishier, Kaufman, Peterson & Dishier, P.C. Petitioner's Mailing Address: 315 E Hyman, Suite 305 Aspen Colorado 81611 City or Town State Zip Code SCHEDULE OR PARCEL NUMBER(S) PROPERTY ADDRESS OR LEGAL DESCRIPTION OF PROPERTY 273301307025 Woodrun Unit One, Lot 6 /z a000 ( Petitioner requests an abatement or refund of the appropriate taxes and states that the taxes assessed against the above property for property tax year(s) 2009 and 2010 are incorrect for the following reasons: (Briefly describe why the taxes have been levied erroneously or illegally, whether due to erroneous valuation, irregularity in levying, clerical error or overvaluation. Attach additional sheets if necessary.) Please see attached Addendum to Petition document. Petitioner's estimate of value: $ 3,644,217.00 ( 2009 ) and $ 3,644,217.00 ( 2010 ) Value Year Value Year I declare, under penalty of perjury in the second degree, that this petition, together with any accompanying exhibits or statements, has been prepared or examined by me, and to the best of my knowledge, information and belief, is true, correct, and complete. Daytime Phone Number ( 970 )925 -8166 Petitioner's Signature xaufman Peterson 6 Dishi P.C. By /S - Daytime Phone Number ( 970 ) 925 -8166 Agent's Signature' 'Letter of agency must be attached when petition Is submitted by an agent. If the Board of County Commissioners, pursuant to § 39- 10- 114(1), C.R.S., or the Property Tax Administrator, pursuant to § 39 -2 -116, C.R.S., denies the petition for refund or abatement of taxes in whole or in pan, the Petitioner may appeal to the Board of Assessment Appeals pursuant to the provisions of § 39 -2 -125, C.R.S., within thirty days of the entry of any such decision, § 39 -10- 114.5(1), C.R.S. Section 11: Assessor's Recommendation op,�,.Y (For Assessor's Use Only) Tax Year zeiA Tax Year 7C)l(] -7 dual Assessed Assessed Tax Actual Assessed p� rr Tax Original I OL1 560 S%iI �'Ir ��f�i 1,041,5 SL 0 1oO \'1 ( \(. Corrected 3644 zt)) a o 0 9 4s( ;Si 3 L4gzoo 20to (, BO \4 Abate /Refund 4f) 30(1 rib 9op %, %1.(,.46 411. -2n - no `wo 1 X Assessor recommends approval as outlined above. If the request for abatement is based upon the grounds of overvaluation, no abatement or refund of taxes shall be made if an objection or protest to such valuation has been filed and a Notice of Determination has been mailed to the taxpayer, § 39- 10- 114(1)(a)(I)(D), C.R.S. Tax year: Protest? ❑ No ❑ Yes (If a protest was filed, please attach a copy of the NOD.) Tax year: Protest? ❑ No ❑ Yes (If a protest was filed, please attach a copy of the NOD.) ❑ Assessor recornen1 denial for the following reason(s): \ `<)C c 1 s ■Ce i■rxi w � ( � r Cetpec +ed vAlio fry Luk sc i (n 5A1KS (Qt.vJ S ‘0 . ssessor uty Ass rs Signature 15- DPT -AR No. 920 -66/11 ADDENDUM TO PETITION Creeks G, Inc., a Colorado corporation ( "Petitioner "), is the owner of Lots 6 and 7, Woodrun Unit One, according to the plat thereof recorded December 21, 1966 in Plat Book 03 at Page 116 as Reception No. 126197, County of Pitkin, State of Colorado; Pitkin County Assessor Parcel No. 273301307025 and Parcel No. 273301307026 ( "Lots 6 and 7 "). Petitioner files this Addendum in support of the Petition for Abatement of real property taxes for the collection year of 2010 and 2011 and thereafter filed herewith. Pursuant to C.R.S. § 39 -10 -114, "...if taxes have been levied erroneously or illegally, whether due to erroneous valuation for assessment, irregularity in levying, clerical error, or overvaluation, the treasurer shall report the amount thereof to the board of county commissioners, which shall proceed to abate such taxes in the manner provided by law;...in no case shall an abatement or refund of taxes be made unless a petition for abatement or refund is filed within two years after January 1 of the year following the year which the taxes were levied." The Petitioner asserts that it is entitled to abatement under said statute for taxes for the years 2009 and 2010 and thereafter and in support thereof states and alleges as follows: 1. Erroneous Valuation Caused by Clerical Error. The taxes for Lots 6 and 7 have been levied erroneously based on an apparent clerical error. The attached current online Pitkin County Assessor/Treasurer Parcel Detail Information record states that the Sale Date for Parcel 273301307025 was December 22, 2006 and that the Sale Price for that parcel was $8.3 million. The attached online Pitkin County Assessor /Treasurer Parcel Detail Information record also states that the Sale Date for Parcel 273301307026 was December 22, 2006 for a Sale Price of $8.3 million. These records appear to reflect that the transaction information was duplicated and that each said parcel was purchased by Creeks G, Inc. for $8.3 million (which would equal a sum of $16.6 million). In fact, both parcels were purchased together by Creeks G, Inc. on December 22, 2006 for the sum of $8.3 million. Additionally, according to the Assessor records, Lots 6 and 7 were respectively valued for assessment at $7.047 million and $7.0 million for the Tax Years 2009 and 2010. Enclosed with this Petition are copies of the 2010 tax year records, which are confirmed to be the same for the 2009 tax year pursuant to a telephone conversation with a representative of the Assessor office on April 19, 2011. The Assessor records also reflect that between tax years 2008 and 2009, following the evaluation period ending June 30, 2008, the actual and assessed values of both lots nearly doubled. To the extent that said valuations were based upon an assumption that they were each purchased for $8.3 million, that basis for valuation is erroneous. Therefore, the apparent clerical error is doubling the sale price for the relevant transaction is asserted by Petitioner to have led to an erroneous valuation. 2. Substantial Overvaluation. Lot 6 and Lot 7 are each substantially overvalued based on comparable values. The Assessor has provided a spreadsheet of "Snowmass Village - Vacant Land Sales" ( "Assessor Spreadsheet" attached), which was relied upon by the Assessor for comparable 1 values. The Assessor indicated that the only relevant comparable properties are those identified as part of the Woodrun subdivision. From the Assessor Spreadsheet, only two of the three Woodrun subdivision properties are marked as "valid" for comparison purposes. These two properties are identified as Lot 4 (0.77 acres) and Lot 5 (0.81 acres) and are valued at $3.77 and $3.64 million, respectively. Lot 6 (0.93 acres) and Lot 7 (0.80 acres) are similar properties, with the only significant difference being the existence of a small residential structure upon Lot 6, valued by the Assessor at $47,000. The only other Woodrun property on the Assessor Spreadsheet contains a dwelling of meaningful value and is indicated by the Assessor as "invalid" for comparison purposes, presumably because of the value of the improvement on that lot. Based on the foregoing information, it is apparent that the valuation of Lots 6 and 7 is nearly double the supportable valuation and inconsistent with the comparable values used in the Assessor Spreadsheet. 3. Broker Valuation. Please see the attached Broker's Opinion of Valuation prepared by Larry Jones in support of this petition. Taxes for Lot 6 and Lot 7 for the tax year 2009 were paid in 2010 by Creeks G, Inc. Based upon this Petition for Abatement for Lots 6 and Lot 7 for the tax years 2009 and 2010, a request is hereby made for abatement and refund of the taxes for Lot 6 and Lot 7 for the tax year 2009 and abatement of taxes for said lots for the tax year 2010 in accordance with the foregoing. 2 Appraiser Recommendation for an Abatement Assessor Generated ❑ Taxpayer Generated ❑ To: Tom Isaac, Pitkin County Assessor From: Scotty Giddings Date: 5/11/11 Petitioner: Creeks G. Inc. c/o Hal Dishier, Kaufman, Peterson & Dishier, P.C. Schedule. #: R020008 Parcel #: 273301307025 The appraiser has completed a review of the referenced property, as of this date, and hereby submits a recommendation as stated below: ❑ Deny ❑ Approve as Submitted ❑ Abatement/Refund Different than requested Abatement for Year: 2009 Abatement for Year: 2010 Data collection period July 1, 2006 to Data collection period July 1, 2006 to for year #1: June 30, 2008 for year #2: June 30, 2008 Assessment Rate: 7.96 % Assessment Rate: 7.96 % Tax Area: 004 Tax Area: 004 Mill Levy: 32.582 Mill Levy: 34.211 Actual Value this year $ 7,047,500 Actual Value this year: $ 7,047,500 New Value: $ 3,644,200 New Value: $ 3,644,200 Assessed Value Tax Amount Assessed Value Tax Amount Original value: $ 560,980 $ 18,277.84 Original value: $ 560,980 $ 19,191.68 Corrected value: $ 290,080 $ 9,451.38 Corrected value: $ 290,080 $ 9,923.92 Refund: $ 270,900 $ 8,826.46 Refund: $ 270,900 $ 9,267.76 The basis of this recommendation is: The value of Lot 6 was reduced based on its not being a a ski in ski out property. Chief Appraiser Approval: Assessor Approval: Y.J LAW OFFICES OF GIDEON I. KAUFMAN* BROOKE A. PETERSON HAL S. DISHLER * KAUFMAN, PETERSON & DISHLER, P.C. OF COUNSEL PATRICK D. MCALLISTER 315 EAST HYMAN AVENUE TELEPHONE (970LE • ALSO ADMITTED IN MARYLAND SUITE 305 FACSIMILE ALSO ADMITTED IN TEXAS ASPEN, COLORADO 81611 (970) 925 -1090 RECEIVED May z, 2011 ma 0 2 2011 ksSESSOR Pitkin County Assessor 506 East Main Street Suite 202 Aspen, Colorado 81611 RE: CREEKS G, INC.; LOTS 6 AND 7, WOODRUN UNIT ONE, ACCORDING TO THE RECORDED PLAT THEREOF RECORDED DECEMBER 21, 1966 IN PLAT BOOK 03 AT PAGE 116 AS RECEPTION No. 126197, COUNTY OF PITKIN, STATE OF COLORADO; PETITION FOR PROPERTY TAX ABATEMENT To the Pitkin County Assessor: Our client is the owner of real property more particularly described above. Please allow this letter and contents enclosed herewith as a formal Petition for Abatement for the above referenced property in Snowmass Village, Pitkin County, Colorado. Sincerely, Kaufman, Peterson & Dishler, P.C. A P • nal Corporation By. Profes 1 A , • Hal S. Dishler RECEIVED BY: Pitkin County Assessor's Office Pc: Alejandro Garcia, Director, President and Secretary of Creeks G, Inc. Larry Jones, Morris & Frywald Sotheby's International Realty • PETITION FOR ABATEMENT TABLE OF CONTENTS CREEKS G, INC.; LOTS 6 AND 7, WOODRUN UNIT ONE, ACCORDING TO THE RECORDED PLAT THEREOF RECORDED DECEMBER 21, 1966 IN PLAT BOOK 03 AT PAGE 116 AS RECEPTION NO. 126197, COUNTY OF PITKIN, STATE OF COLORADO 1. Authorization Letter from Alejandro Garcia, President, Director and Secretary of Creeks G, Inc. dated February 11, 2011 2. Petition for Abatement or Refund of Taxes for Parcel No. 273301307025 ! C �' 66 °' 3. Petition for Abatement or Refund of Taxes for Parcel No. 273301307026 A ` �', 4. Addendum to Petition 5. Opinion of Value Letter from Larry Jones of Morris & Frywald Sotheby's International Realty 6. "Snowmass Village - Vacant Land Sales" Spreadsheet 7. Pitkin County Assessor /Treasurer Parcel Detail Information for Parcel No. 273301307025 8. Pitkin County Assessor /Treasurer Parcel Detail Information for Parcel No. 273301307026 CREEKS G,1NC. 281 PINE CREST DRIVE SNO W MASS VILLAGE, CO 81615 (970)456 -9058 February 11, 2011 Via email to assessormail(ko.Pitkin.co.us Pitkin County Assessor 506 East Main Street Suite 202 Aspen, Colorado 81611 RE: CREEKS G, INC.; LOTS 6 AND 7, WOODRUN UNIT ONE, ACCORDING TO THE RECORDED PLAT THEREOF RECORDED DECEMBER 21, 1966 IN PLAT BOOK 03 AT PAGE 116 AS RECEPTION No. 126197, COUNTY OF PITKIN, STATE OF COLORADO; PROPERTY TAX ABATEMENT AND AUTHORIZATION FOR REPRESENTATION To the Pitkin County Assessor: The undersigned is the owner of real property more particularly described above. Please allow this letter to serve as authorization of Hal S. Dishler of Kaufman, Peterson, & Dishler P.C. and Larry Jones of 13J Adams & Company to act as my representatives concerning the Petition for Abatement for the above referenced property in Snowmass Village, Pitkin County, Colorado. The address and telephone number of my authorized representatives is as follows: Hal S. Dishler, Esq. Kaufman, Peterson & Dishler, P.C. 315 East Hyman Avenue Aspen, CO 81611 (970) 925-8166 (970) 925 -1090 (facsimile) Larry Jones BJ Adams & Company PO Box 6699 Snowmass Village, CO 81615 (970) 379-8757 Sincerely, ' '/ i Alejandro Garcl�a a 7M"- y�, dent an. •retary Morris CX 113 Eat Hvman Avenue Fyrwald Aspen, CO 81611 t 970.92_ .6060 1 970.9'0.9993 S otheby's aspensklhomes Com INTERNATIONAL REALTY March 28, 2011 Mr. Hal Dishler Kaufman, Peterson and Dishier 315 E. Hyman Ave. Aspen, CO 81611 Re: Opinion of Value for Woodrun 1, Lots 6 & 7 Dear Hal, As requested this is to provide an opinion of value for the Woodrun 1, Lots 6 & 7, located on Edgewood Lane in Snowmass Village, CO 81615 for the evaluation period ending June 30, 2008. As background, I have been a real estate broker specializing in ski in /out properties in Snowmass Village for the past 16 years. I have been the listing and selling agent in approximately 22 transactions in The Pines and Two Creeks areas, all ski access properties. Additionally, I was the selling agent when the current owner of Woodrun Lots 6 & 7 purchased the land and I am therefore intimately familiar with the site. The current owner purchased Lots 6 & 7 together as a package and paid $8,300,000. Lots 6 & 7 are two side by side single family building sites located next to the Adams Ave. ski run on Snowmass Mountain. Lot 7 has direct ski in /out access but Lot 6 is not direct. Lot 6 will require walking down the street a short distance to access the run. There is a small apartment and garage structure on Lot 6 that was built in 1980 that is in poor condition and not considered its highest and best use. Based on my experience of selling ski access homes and lots, there is a large variance in value between homes that have direct ski access versus homes where you must cross the street or have a short walk to the slope. Lot 6 has an FAR of 4,650 sq. ft. and Lot 7 has an FAR of 4,500 sq. ft. By comparison, Lots in The Pines and Two Creeks which are ski accessible, have FAR's of 5,500. This variance makes the difference of either a 5 bedroom or second family room or both depending on the design of Each Office Is Independently Owned And Operated the potential home. This difference like ski accessibility detracts from the value of the lots as the market prefers at least 5 bedrooms. Many of the foreign buyers with larger families require 6 bedrooms. The two most comparable sales during the review period were Woodrun Lot 4 which sold on 2/13/07 for $2,800,000 (time adjusted value of $3,772,160) and has an FAR of 4,334 sq. ft. Woodrun Lot 5 sold on 8/14/07 for $3,025,000 (time adjusted value of $3,644,217) and has an FAR of 4,500 sq. ft. Both of these lots are in close proximity to the lots in question. Neither has direct ski access and both of these lots would require a short walk to the slopes very similar to Lot 6. Based on the above considerations, it is my opinion that the value of Woodrun 1, Lot 6, as of June 30, 2008 would have been very similar or the same as Lot 5 which was valued at $3,644,217. It is also my opinion that Woodrun 1, Lot 7 would have been valued at $3,800,000. Sincerely, Larry Jone Broker Associate, GRI, CIPS Morris & Fyrwald Sotheby's International Realty X 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 r r 1-+ 1-. 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Q r. er ET_ S. a a: a a a a: a a: a a a a TS: a, E. c o: Q. a. a Parcel Detail Mtp: / /www.pitldnassessor.org/ assessor /parcel.asp ?AccountNumber... Pitkin County Assessor /Treasurer Parcel Detail Information Assessor /Treasurer Property Search 1 Assessor Subset Query 1 Assessor Sales Search Clerk & Recorder Reception Search Basic Building Characteristics 1 Tax Information Parcel Detail 1 Value Detail 1 Sales Detail 1 Residential/Commercial Improvement Detail Land Detail 1 Photographs Tax Area Account Number Parcel Number 2010 Mill Levy 004 I R020008 273301307025 I 34.211 Owner Name and Address CREEKS G INC C/O KAUFMAN PETERSON & DISHLER 315 E HYMAN AVE (ASPEN, CO 81611 Legal Description (Subdivision: WOODRUN UNIT ONE Lot: 6 Location Physical Address: 611 EDGEWOOD LN SNOWMASS VILLAGE Subdivision: WOODRUN UNIT ONE Land Acres: 0 Land Sq Ft: 140,498 2010 Property Tax Valuation Information Actual Value Assessed Value Land: 1 7,000,000 557,200 Improvements: 1 47,5001 3,780 1 of 3 4/4/2011 3:15 PM Parcel Detail http: / /www.pitkinassessor.org/ assessor /parcel.asp ?AccountNumber... Total: I 7,047,5001 Sale Date: 12/22/2006 `( Sale Price: 18,300,000 Iv Ott- 7) L Basic Building Characteristics L . S Number of Residential 1 a 7 Buildings: s Number of Comm/Ind 0 Buildings: Residential Building Occurrence 0 Characterise FINISHED GARAGE: 437 2ND FLOOR: 782 FIRST FLOOR: 496 Total Heated Area: 1,278 Property Class: SINGLE FAM RES- IMPROVEMEN Actual Year Built: 1980 Effective Year Built: 1985 Last Remodel: 0 Bedrooms: 1 Baths: 1 Quality of Construction: AVER T 11 Exterior Wall: WD SID LOW Interior Wall: DRYWALL Floor: BASE Heat Type: FORCED AIR Heating Fuel: GAS Roof Cover: WD SHINGLE Roof Structure: GABLE/HIP Neighborhood: SMV -WOOD RUN Super Nbhd: 1SMASS VILL SUBS Tax Information Balance Due as of 9/14/2010 I $0.001Current Year Balance Due 2 of 3 4/4/2011 3: I5 PM Parcel Detail http: / /www.pidcinassessor.org/ assessor /parcel.asp ?AccowrtNomber... $0.00 Delinquent Years' Balance Due $0.00 (Total Balance Due Tax Year Due In Tax + Special Assessment Amount 2009 2010 $18,277.84 2008 2009 $10,225.36 2007 2008 $9,999.72 2006 2007 $11,139.84 Top of Page Assessor Database Search Options I Treasurer Database Search Options Pitkin County Home Page The Pitkin County Assessor and Treasurer's Offices make every effort to collect and maintain accurate data. 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