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HomeMy WebLinkAboutbocc.res.099.2016A l t aide t1 )a'e.J 12-6° FOR ASSESSORS AND COUNTY COMMISSIONERS USE ONLY (Section III or Section IV must be completed) Every petition for abatement or refund filed pursuant to§39-10-114,C.R.S.shall be acted upon pursuant to the provisions of this section by the Board of County Commissioners or the Assessor,as appropriate,within six months of the date of filing such petition,§39-1-113(1.7),C.RS. Section III: Written Mutual Agreement of Assessor and Petitioner (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 abatement/refund of: Tax Year 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 Cggimissioners c,j�j� o,t (Must be completed if Section III does not apply) 14—e-6 c 1 v dolt- /16, ' WHEREAS,the County Commissioners of rt i'i.Ci 'L County,State of Colorado,at a duly and lawfully called regular meeting held on is I 1-/.I gat at which meeting there were present the following members: Month Day Yea C I,�tiss, tErs '� , .e.( - its a� elkgp'-r 4eee. ut4; )'1l( wJ UcrsII p_ (-.eaves v( - . .4-t�, with notice of such meeting and an opportity to be .res,•t,.-ving been given to the Petitioner and the Assessor of said County and Assessor lr.-YP 'Y _ .' L. (being presents not present)and Name Petitioner (being present--not present),and WHEREAS,the said Name County Commissioners have carefully considered the within petition,and are fully advised in relation thereto, NOW BE IT RESOLVED that the Board(agrees—does n. .! -e)with the recommendation of the Assessor, and that the petition be(approved—approved in pa -denied) ith an abatement/refund as follows: • Year Assessed Value Taxes Abate/Refund rAii, Chairperson f the Board•f County Comm loners'Signature I,4-e- _.Y-C A•ke t`et County Clerk and Ex-Officio erk of the Board of CountyCommissioners in and for the aforementioned county,do hereby ce"that the above and foregoing order is trul •pied from the record of the proceedings of the Board of •;Co ,: ' ".. .�‘`'.�1ers. IN WITNESS WHEREOF,I have hereun -- y hand arid, /if. • 4 said County this U C1'• day of 8 U t i` .��x/, Ca_': i f Month /*.• S1YI�� *• i I / 4, ./� p A /ill, •.,i '" teras or Deputy County•irk's Signature 1.�g •..... • 'p; Note: Abatements greater than$10,000 per schedule, GROW itted in dupl e to the Property Tax ' istrator for review. Section v: Action of the Property Tax Administrator (For all abatements greater than$10,000) The action of the Board of County Commissioners,relative to this petition,is hereby D Approved ❑Approved in part$ ❑Denied for the following reason(s): Secretary's Signature Property Tax Administrator's Signature Date 15-OPT-AR No.920-66/15 dfi'A? . . • • ;dip' PETITION FOR ABATEMENT OR REFUND OF TAXES County: Pitkin County Date Received CEIV D (Use Assessor's or Commissioners'Date Stamp) c Section I: Petitioner,please complete Section I only. MAY 3 1 2016 Date: 5/26/2016 PITKIN COUNTY Month Day Year ASSESSOR Petitioner's Name: NEWMAN JOEL C/O Duff&Phelps,LLC Petitioner's Mailing Address: 1200 17th Street Suite 990 Denver CO 80202 City or Town State Zip Code SCHEDULE OR PARCEL NUMBER(S) PROPERTY ADDRESS OR LEGAL DESCRIPTION OF PROPERTY R012800 TAGERT LOT SPLIT Lot:2 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) 2014 and 2015 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.) The subject property is a contiguous parcel of land associated with account(R012799)under common ownership.Pursuant to 39-1-102 C.R.S(14.4)(a)"Residential land"means a parcel or contiguous parcels of land under common ownership upon which residential improvements are located and that is used as a unit in conjunction with the residential improvements located thereon.Given that these parcels are owned under common ownership and enjoyed as a unit,Duff&Phelps hereby request that the subject property be classified as residential instead of commercial. Petitioner's estimate of value: ;3000000 (2014 )and $3200000 (2015 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( Petitioner's Signature Email By Daytime Phone Number(303 )749.9033 Agent's Signature* travis.stuard©duffandphelps.com Email '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 part,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 II: Assessor's Recommendation (For Assessor's Use Only) Tax Year Tax Year Actual Assessed Tax Actual Assessed Tax Original Corrected Abate/Refund ❑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 0 Yes (If a protest was filed,please attach a copy of the NOD.) Tax year. Protest? ❑No 0 Yes (If a protest was filed,please attach a copy of the NOD.) Assessor recommends denial for the following reason(s): Pro cr�+eS cw not owned tW%4-cr- co►�wA.0r1 to w�.r-5h-••? Assessor's or Deputy Assessor's Signature 15-DPT-AR No.920-66/15 lie• q Sch#- 12800, Joel Newman, Tagert Lot Split, Lot 2 �-g The petitioner is requesting an abatement for tax year 2014, and 2015. For each of these tax years, the valuation is not subject to dispute, only the vacant land classification. The abatement request claims that the subject parcel is under common ownership with the adjoining improved residential parcel (sch# 12799) and is enjoyed as a unit. Therefore the vacant parcel qualifies for a residential classification. After researching the ownership records of the two parcels, it was discovered that the improved parcel, sch# 12799, is held under the ownership of Newman Family Split Purchase Trust while the vacant subject parcel, sch# 12800, is held under the ownership of Joel Newman. Being separate legal entities, it is the position of the Pitkin County Attorney's office that the two parcels are not under"common ownership". As such, the vacant parcel does not qualify for the residential classification. If approved as requested, the refund would be: tax year tax year 2014-$16,231; 2015 -$17,450 Recommended action: .Uphold the assessor's recommendation to deny the request for a change in classification or, recommend a change in classification either or in full or in part. Hearing Officer Recommendation: Petitioner indicates that there is common ownership of this property and the improved residential property. The two parcels are held in different entities. I have been provided with a copy of the trust which I believe may give different individuals potential ownership interest in the property held by the trust as compared to one individual Joel Newman as owner of one of the parcels. Regardless without identical ownership I believe this does not qualify under Pitkin County's definition of common ownership. The Pitkin County BOE and County Commissioners have been advised by the county attorney that common ownership is defined as owned by exactly the same entity. I do believe the vacant parcel in this case may have an integral use and support the residential site. Without common ownership as defined by ownership in the exact same entity I am unable to consider designating the vacant parcel as residential. I recommend that the request for residential designation be denied. ,„44, r '•As/>s Stephen C. Hach Please see following Page Below,in addition to the information provided at the hearing by the Petitioner and the Assessor, is part of the information that was also used to make my determination. A partial description as offered by the Division of Real Estate is; "Residential Land"means a parcel or contiguous parcels of land under common ownership upon which residential improvements are located ant that is used as a unit in conjunction with the residential improvements located thereon. From the 2012 court ruling Fifield v. Pitkin County Board of Commissioners 4 Suggested Criteria(but not limited to the 4)were developed by the Pitkin County Assessor to evaluate the residential classification. 1. Are the contiguous parcels under common ownership?(The Pitkin County Attorney's office has interpreted"common ownership"as held under exactly the same entity and name provided this interpretation to the BOE and County Commissioners) 2. Are the parcels considered an integral part of the residence and actually used as a common unit with the residence? 3. Would the parcel(s)in question likely be conveyed with the residence as a unit? 4. Is the primary purpose of the parcel and associated structures to be for the support, enjoyment, or other non-commercial activity of the occupant of the residence? Sch# - 12800, Joel Newman, Tagert Lot Split, Lot 2 The petitioner is requesting an abatement for tax year 2014, and 2015. For each of these tax years, the valuation is not subject to dispute, only the vacant land classification. The abatement request claims that the subject parcel is under common ownership with the adjoining improved residential parcel (sch# 12799) and is enjoyed as a unit. Therefore the vacant parcel qualifies for a residential classification. After researching the ownership records of the two parcels, it was discovered that the improved parcel, sch# 12799, is held under the ownership of Newman Family Split Purchase Trust while the vacant subject parcel, sch# 12800, is held under the ownership of Joel Newman. Being separate legal entities, it is the position of the Pitkin County Attorney's office that the two parcels are not under "common ownership". As such, the vacant parcel does not qualify for the residential classification. If approved as requested, the refund would be: tax year tax year 2014 - $16,231; 2015 - $17,450 Recommended action: Uphold the assessor's recommendation to deny the request for a change in classification or, recommend a change in classification either or in full or in part. Hearing Officer Recommendation: Appointment of Agency for Property Tax Matters Duff & Phelps, LLC is authorized to represent NEWMAN JOEL for the property known by schedule numbers R012800, R012276 regarding the real property assessment matters in Pitkin County, Colorado. Any and all previous authorizations are hereby revoked. Duff & Phelps, LLC is authorized to act on our behalf in obtaining and providing information, negotiating, settling and assessing for all real property matters related to the property owned, possessed, or controlled by the undersigned at the above referenced parcel. This agent is delegated full authority to handle real property matters relative to assessments and to represent us, with the assistance of legal counsel, if necessary, in the appeal process. This authority is extended to the schedule numbers R012800, R012276 and may be amended as necessary. This appointment of agency remains in effect for tax year(s) 2014 - 2016 or until revoked in writing by NEWMAN JOEL or Duff& Phelps, LLC. All correspondence should be directed to the following: NAME: Bruce Cartwright Duff& Phelps LLC ADDRESS: 1200 17th Street, Suite 990 Deny r, Colo 80202 303 49 00 SIGNED NAME: PRINTED NAME: .IDeL /Uew41 et, TITLE (in Relationship to Owner Entities) Paa e e_ DATEEFFECTIVE: 51494,u) M' vm�N r+�Nuaflez iji0;ty...otrs t0 ° MY COMMISSION t FF 952892 r EXPIRES:AO t,2020 '• ;"Fir q Bonded Thru Notary Public Underwriters ( / Notarize A A ' "u 1`- • Appraiser Recommendation for an Abatement Assessor Generated 0 Taxpayer Generated To: Tom Isaac, Pitkin County Assessor From: Cheryl Hasselbring Date: June 1, 2016 Petitioner: Joel Newman do Duff& Phelps LLC Schedule #: R012800 Parcel #: 2735-122-21-002 The appraiser has completed a review of the referenced property, as of this date, and hereby submits a recommendation as stated below: Q Deny ❑ Approve as Submitted ❑ Abatement/Refund Different than requested Abatement for Year: 2014 Abatement for Year: 2015 Data collection period July 1, 2010 to Data collection period July 1, 2012 to for year#1: June 30, 2012 for year#2: June 30, 2014 Assessment Rate: 29% Assessment Rate: 29% Tax Area: 001-1-AFS-001 Tax Area: 001-1-AFS-001 Mill Levy: 33.542 Mill Levy: 32.054 Actual Value this year: 3,000,000 Actual Value this year: 3,200,000 New Value: No Change New Value: No Change Assessed Tax Amount Assessed Tax Amount Value Value Original value: $ 870, 000 $ 29,181.56 Original value: $ 928,000 $ 29,746.12 Corrected $ No Change $ No Change Corrected $ No Change $ No Change value: value: Refund: $ No Change $ No Change Refund: $ No Change $ No Change The basis of this recommendation is: The agent for owners have filed a Petition for Abatement or Refund of Taxes as they state the vacant parcel owned by Joel Newman is used in conjunction with the adjacent residential improved property owned by Newman Family Split Purchase Trust (Schedule No. R012799). They are requesting residential classification for the vacant unimproved parcel owned by Joel Newman, which would change the Assessment Rate from vacant land (29 percent) to residential (7.96 percent), thereby reducing the taxes considerably. According to § 39-1-102 (14.4) (a), C.R.S. "Residential Land" means a parcel of contiguous parcels of land under common ownership upon which residential improvements are located and that is used as a unit in conjunction with the residential improvements located thereon. and According to the ARL (Assessor's Reference Library) Vol 2, there are four suggested criteria to be considered which include: 1. Are the contiguous parcels under common ownership? 2. Are the parcels considered an integral part of the residence and actually used as a common unit with the residence. 3. Would the parcel(s) in question likely be conveyed with the residence as a unit? 4. Is the primary purpose of the parcel and associated structures to be for the support, enjoyment, or other non-commercial activity of the occupant of the residence? The subject property does not meet the very first criteria, which is the parcels must be under common ownership. The parcel being abated is owned by Joel Newman and the adjacent residential improved parcel is owned by Newman Family Split Purchase Trust. It is the Pitkin County Assessor and the Pitkin County Attorney's opinion that the individual, Joel Newman and the Newman Family Split Purchase Trust are separate legal entities, which means there is no common ownership. Due to the lack of the primary criteria of common ownership, the Assessor's Recommendation is to DENY the Abatement. Copies of the vesting deeds showing ownership of the two parcels are attached. 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Z Z 15. vf srQ334 Ai.NIVIIMIVM -Alnd30 Al •ot uolidaoay •` b3011003N 'N 'polo,° le ' - '0'y' ;0 Asp a43 pJO30J Jo; pall; S. Z'$ZZ IP J Q /�� ,in' ,Q//h L,, /'ON cl3b 31/4 •ON d3t1 31x'0 arVd 1.13111-4 0 IV ci .13u- OlVd 1.1311M N3dSY ;t�.4110 • N3dSV 30 ulo EXHIBIT A LOT 2, TAGERT LOT SPLIT, ACCORDING TO THE PLAT THEREOF RECORDED MARCH 23, 1989 IN PLAT BOOK 22 AT PAGE 30 AND FIRST AMENDED PLAT RECORDED MARCH 5, 1992 IN PLAT BOOK 28 AT PAGE 72. COUNTY OF PITKIN, STATE OF COLORADO. 11111111111111111111111111111111111111111111111110I 55 0 2300of 2 006 03:051 JANICE K VOS CAUDILL T COUNTY Co R 11.00 D 225.23 Form EXHI$ITA 01/17/03 x386694 CITY OF ASPEN ciri or, ASPEN WNETT PAID NRETT PAID DATE REP NO. DATE REP NO. `1/I'-1 D(Q 22 1./ y ,v o 2 7/2 r F S c 7, 2 Ff Filed for record the day of ,A.D. , at o'clock M. RECORDER . Reception No. By DEPUTY. WARRANTY DEED • • •• Gt , 1�� THIS DEED, Made on this day of April 14, 2006 , between h • LEAH JOY ZELL HANGER AND RALPH HANGER : I of the County of and State of ILLINOIS , the Grantor(s), and NEWMAN FAMILY SPLIT PURCHASE TRUST whose legal address is :930 WEST SMUGGLER AVENUE ASPEN, CO 81611 of the County of PITKIN and State of COLORADO , the Grantee(s): WITNESS, That the Grantor(s), for and in consideration of the sum of ( $4,572,750.00 ) *** Four Million Five Hundred Seventy Two Thousand Seven Hundred Fifty and ODOLDAR9** the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm into the Grantee(s), his heirs and assigns forever, all the real. property, together with improvements, if any, situate, lying and being in the County of PITKIN and State of Colorado, described as follows: LOT 1, TAGERT LOT SPLIT, ACCORDING TO THE PLAT THEREOF RECORDED MARCH 23, 1989 IN PLAT BOOK 22 AT PAGE 30 AND FIRST AMENDED PLAT RECORDED MARCH 5, 1992 IN PLAT BOOK 28 AT PAGE 72. COUNTY OF PITKIN, STATE OF COLORADO. also known as street number 930 WEST SMUGGLER AVENUE ASPEN CO 81611 • TOGETHER with all and singular and hereditaments and appurtenances thereto belonging, or in anywise appertaining . and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right title interest, claim and demand whatsoever of the Grantor(s), either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described with appurtenances, unto the Grantee(s), • his heirs and assigns forever. The Grantor(s), for himself, his heirs and personal representatives, does covenant, grant, bargain, and agree to and with the Grantee(s), his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simpLe, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, Subject to general taxes for the year 2006 and those specific Exceptions described by reference to recorded document* as reflected in the Title Ooeumeats accepted by grant...(,) is accerdaaee with Section Ba (Title Review) of the Contract to Buy and Sell Real Estate relating to the above described property; distribution utility easements (including cable TV); thee. specifically described right, of third parties not shown by the public records of which grantee(.) has actual • knowledge and which were accepted by grantee(.) in accordance with Section ab (Matter. not Shown by the Public Records) an,' Section Se (Survey Review) of the Contract to Buy end Se11 Real i.tate relating to the above described real property; iaclu.ion of the Property within any .peeial tax di.trict; and, the benefit and burdens of any declaration and party wall • agreements, if any and other The Grantor(s) shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the Grantee(s), his heirs and assigns, against all and every person or persons lawfully claiming the whole .. or any part thereof. The singular number shall include the plural, and the plural the singular, and the use of any gender , shall. be applicable to all genders. IN WITNESS WHEREOF the Grantor(s) has executed this deed on the date set forth above. By: 522982 LEAS JOY SELL1Mi4PRa "tf . TRANSFER DECLARATION RECEIVED 04/14/2006 By( RAL.. ..H ,' R �• , STATE OF /LL/NB/S ) )ss. County of G+s,‘,/G ) KATHLEEN TUCKER STATE OS 11.01011 ii • The foregoing instrument was acknowledged before me on this day of April 14, 2006 by LRM JOY saw, wANg1R AIM RA—L.PH KAIIOER My commission expires a-a rlr, F:11 RALPH my hand and official seal. ,A44r6,f7 „�� Notary Public • s Name and Address of Person Creating Newly Created Legal Description ( 38-35-106.5, C.R.S.) Escrow#0387830 When Recorded Return to:NEWMAN FAMILY SPLIT PURCHASE TRUST E Title# 0387830 930 WEST SMUGGLER AVENUE ASPEN, CO 81611 (3156447) 1111111IIIIINllllllIIII111111IIIIIIIIlNlll111ag1of11:19 tr'���� JANICE K VOS CAUDILL PITKIN COUNTY CO R 6.00 D 457.28 4 4 imesewm were