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HomeMy WebLinkAboutR10-092 Taxpayer Generated Abatement Petitions a ti t Commissioner C. 7 moved adoption of the following 'olution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO Resolution No. 2010 - 7,P RESOLUTION CONCERNING HEARINGS ON TAXPAYER GENERATED PETITIONS FOR ABATEMENTS AND REFUNDS OF TAXES BEFORE THE EAGLE COUNTY BOARD OF COUNTY COMMISSIONERS WHEREAS, the Board of County Commissioners for Eagle County, Colorado (hereinafter referred to as the "Board ") is responsible for hearing petitions for refunds or abatement of property taxes pursuant to C.R.S. §§ 39 -1 -113 and 39 -10 -114; and WHEREAS, various petitions for abatement have been submitted to the Board by taxpayers for the purposes of correcting alleged erroneous valuations for assessment, irregularity in levying, clerical errors and/or overvaluations; and WHEREAS, said petitions have been previously submitted to the Eagle County Assessor (the "Assessor ") for consideration and recommendation; and WHEREAS, the Board has appointed an independent hearing referee experienced in property valuation (the "Referee ") to conduct hearings on behalf of the Board, to make findings based upon testimony and evidence presented by taxpayers and Assessor's representatives, and to submit recommendations to the Board for its final decision; and WHEREAS, the Referee has submitted his recommendations to the Board for its final decision, the Board has considered such recommendations and such recommendations are attached hereto as Exhibit "A" and incorporated herein by this reference; and NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Eagle County, Colorado, THAT, the Board hereby approves the recommendations of the Referee for the schedule numbers, the tax years and for the reasons set forth in the Referee's recommendation sheets attached hereto as Exhibit "A" and enters orders with respect to the petitions for abatement in accordance with such recommendations. THAT, for each order issued by the Board in which an adjustment to the respective Petitioners' valuation is indicated, subject to approval by the State Property Tax Administrator where required by the terms of C.R.S. § 39- 1- 113(3), the Board directs the Assessor to adjust the valuation or take such other action as more particularly set forth in the recommendations set forth and attached hereto as Exhibit "A." BE IT FURTHER RESOLVED that a petition denied, in whole or in part, by the Board can be appealed to the Board of Assessment Appeals within thirty (30) days of the date said decision was mailed to the taxpayer, pursuant to C.R.S. 39 -8 -108. The appeal forms and instructions for appeal to the Board of Assessment Appeals may be obtained from the Board of Assessment Appeals, Department of Local Affairs, 1313 Sherman Street, Room 315, Denver, Colorado 80203. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado at its regular meeting held the /C day of rt. � y � COUNTY OF EAGLE, STATE OF COLORADO BY AND THROUGH ITS BOARD OF COUNTY COMMISSIONERS BY: Chi) ga'irman a J. Fisher ATTEST: Stavney, , s Teak J. Simont n, Clerk to the N Board of County Commissioners Peter F. Runyon, ommis 'on - r Commissioner J� �Lz -r-1 seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Sara J. Fisher Ct Commissioner Jon Stavney C Peter F. Runyon (_. �,.� This Resolution passed by j( vote of the Board of County Commissioner of the County of Eagle, State of Colorado. 2 EAGLE COUNTY ABATEMENT HEARING OFFICER WORKSHEET •Petitioner: Market Place Commerical Condo Assoc. Agent: n/a Property Address: 41184 US Hwy 6 Schedule Number: R054187 Assessor's Original Actual Value: $1,532,300(2009) Hearing Date: August 6, 2010 Hearing Time: 10:30a 1. The Eagle County Assessor was represented at the hearing by � C-473/1/ 45.5 2. The Petitioner was: a. [ ] present f� 40,41di b. [ ] not present /I c. E present /represented by /`ll^, ar /./ d. [ ] not present/represented by 3. Assessor's Recommended Value: i 5 far/ (J) C • Petitioner's Requested Value: 1 t) f D (I/) ) 4. Petitioner presented the following testimony and documents in support of the claim: / �� , Of C p % P / 1. ✓t! / ►lrr�► / ► I l WI s �.f► � / r //i-i qterikd ) 441 t iV144/' d • 1 45C+15rA 5. The AssessOr presented the following testimony and documents in support of the Assessor's position: II/ a. [ ] data from sales of comparable properties which sold during the applicable time period; and /or b. [ ] valuation using the cost approach; and /or c. [ ] valuation using t h j e inco e approach; and /or �,� �° d. [ y they Nei/ l 7 c Gbl �`2 Gti pr, p, I _ L5 Ski l ec, , iap., Pccupta-01,46-kael , ( 1 1t10,, 64-5 THE REFEREE FINDS AND RECOMMENDS THAT THE PROPER CLASSIFICATION AND ACTUAL VALUE OF THE PROPERTY ARE: Classification: Actual Valtie: 2 3 ' c9 to Reasons are as follows: g IA... 1 riLP/ � ' & i % 1 - k' e fz, • f Abe 1 'e-C/ inZO*2e-`9 A i �� .I. Arid r '/ .4,i' > Mi d . y >� Cf - �/ I /tom it4; ' AAI I . t CU/ .•,/e .f Ida* IT IS THEREFORE RECOMMENDED that for the above - stated reasons, the Petition for Abatement is: a. [ ]j Approved and the value of the subject property is reduced as set forth in the Findings and Recommendations herein b. [ I Approved in part as set forth in the Findings and Recommendations herein c. poi4 Denied after abatement hearing REFEREE: , .l ,r% 49/g"t/../0 Name � Da • 2