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HomeMy WebLinkAboutMinutes 06/27/95 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 PUBLIC HEARING JUNE 27, 1995 Present: James Johnson, Jr. George "Bud" Gates Johnnette Phillips James R. Fritze Sara J. Fisher Chairman Commissioner Conmissioner County Attorney Clerk to the Board This being a scheduled Public Hearing the following items were presented to the Board of County Commissioners for their consideration: Consent Calendar Chairman Johnson presented the first item on the agenda, the Consent Calendar as follows: 1) Pa~oll for the period ending July 6, 1995. Commissloner Gates moved to approve the Consent Calendar as presented. Commissioner Phillips seconded the motion. The vote was declared unanimous. Abatements Mark Chapin, Chief Appraiser, presented a petition for abatement schedule number R031536, Kurt & Diane VD$elman. He stated an arrangement has been made to schedule a physical inspectlon of the property at a later date. Staff recommended this matter be tabled. Commissioner Phillips moved to table schedule number R031536, Kurt & Diane Vogelman. Conmissioner Gates seconded the motion. The vote was declared unanimous. Mark Chapin presented a petition for abatement schedule number R000990, Ruben and Estrella Romero. He stated the Assessor's Office recommended denial as there is no reason given for the petition. Mary Jo Berenato, Deputy County Attorney, questioned if the evaluation was appealed in 1993 and 1994. Mr. Chapin responded yes it was. Ruben Romero stated the house where they live is in bad shape, they are on a fixed income and are hardly rnakin~ it. Commissioner Phillips asked if adJustments had been made previously. Mr. ChaI?in responded adjustments had been made. Commissloner Phillips questioned if the value should be changed in 1995. Commissioner Gates explained the value adjustment. Estrella Romero, petitioner, stated their property taxes in 1994 were adjusted but increased dramatically in 1995. Ms. Berenato explained there are forms available to receive assistance and the Assessor's Office does offer their assistance. commissioner Gates moved to deny schedule number R000990. Commissioner Phillips seconded the motion. The vote was declared unanimous. George Lewis, Appraiser, presented a petition for abatement schedule number 030541, Chris Adams. He stated the property is located up Brush Creek and some of the acreage has been hayed previously. He stated the Assessor's office determined 23 acres should be classified as agriculture however, the remainin$ 5 acres do not qualify. ChrlS Adams, petitioner, responded he has signed petitions from neighbors regarding previous use of the propert~. Chairman Johnson asked if this reconmendatlon took into consideration the Assessor's most recent finding. 1 Mr. Adams stated he believed the other five acres should also be included in the agriculture classification. He explained previous use of the property by Lori Mosher and related animals were being grazed on the propert~ . He stated he is not dissatisfied at this point but does have proof the entlre property was being grazed. Ms. Berenato asked when the property was purchased by the petitioner. Mr. Adams responded December of 1991. Ms. Berenato read the Statute to the Board regarding requirements concerning agriculture classification. She stated the land must have been eligible for classification for two years prior and within the last ten years. commissioner Gates asked if the petitioner would be eligible next year for the reclassification of the five acres. Commissioner Phillips moved to approve a partial abatement in the amount of $1318.47, schedule number 030541. Commissioner Gates seconded the motion. The vote was declared unanimous. Mark Chapin presented a petition for abatement schedule number 016828, Stephen I. Katz. He stated the petitioner is reguesting an abatement due to slippage of road cut however, the Assessor's offlce does not believe this slippage effects the value of the property. The Assessor's Office recommended denial. Commissioner Gates questioned if the County had made irrprovements on the road. Stephen Katz, I?etitioner, stated he has no complaint with the assessment but he believes he lS entitled to this abatement. He stated he bought the property when there was construction on the lot below and there was considerable slippage due to that construction. He stated Larry Metternick surveyed the property and related the slippage was due to the County cut County maintenance. He related the County agreed in 1993 that they would restore the cut. Ms. Berenato asked if the road cut being referred to was on Alpine Drive. Mr. Katz responded yes. He stated the reparation was scheduled but too late in 1993. He stated in 1994 he followed up but the County never got around to fixing the cut. He related Mr. Powers promised that it would be corrpleted in 1995. Mr. Katz stated his reason for being here is not for the abatement but asked the Commissioners to see the problem does indeed effect the value of the property as the product remains defective and it is the fault of the County. He stated when the property is repaired he will be happy to pay the tax bill. Ms. Berenato asked about the drainage ditch above the property. Mr. Katz responded the County made the drainage ditch when they made the cut. Commissioner Gates moved to table schedule number 016828 to allow a value be placed on this property before the end of the year and taxes are due and paid. commissioner Phillips seconded the motion. The vote was declared unanimous. Chairman Johnson stated the next petition for abatement was schedule number M018995, Craig S. Simon. The Assessor's office has recommended a partial abatement in the amount of $51.90 for 1992. Commissioner Phillips moved to approve a partial abatement in the amount of $51.90 for 1992, schedule number M018995. The abatement shall be denied for 1993. Corrmissioner Gates seconded the motion. The vote was declared unanimous. Chairman Johnson stated the next petition for abatement was schedule number R039984, Charles V. McAdam, III. The Assessor's office recommended denial as the cost approach to value property can no longer be considered. Commissioner Gates moved to deny schedule number R039984. Commissioner Phillips seconded the motion. The vote was declared unanimous. 2 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 Chairman Johnson stated the next petition for abatement was schedule number R009648, Edward F. Collins. The Assessor's office recommended denial stating the current owner is not the owner of record in 1993 and is not entitled to ask for the abatement. commissioner Phillips moved to deny schedule number R009648. Commissioner Gates seconded the motion. The vote was declared unanimous. Chairman Johnson stated the next petition for abatement was schedule number 014726, Bulgroup Properties. The Assessor's Office recommended approval in the amount of $3,063.63. Commissioner Gates moved to approve an abatement in the amount of $3,063.63, schedule number 014726. commissioner Phillips seconded the motion. The vote was declared unanimous. Mr. Chapin presented a petition for abatement schedule number 009110, Elizabeth Webster. He stated the Assessor's Office recommended an abatement in the amount of $18,799.25 as there was a square footage miscalculation. Conmissioner Phillips moved to approve an abatement in the amount of $18,799.25, schedule number 009110. Commissioner Gates seconded the motion. The vote was declared unanimous. Chairman Johnson stated the next petition for abatement was schedule number P021857, Hundres Acre Wood, Inc. The Assessor recommended denial as the year to be abated is uncertain. Commissioner Gates asked if there was any damage to the petitioner if we have made an error. Commissioner Gates moved to deny schedule number P921857. commissioner Phillips seconded the motion. The vote was declared unanimous. Chairman Johnson stated the next petition for abatement was schedule number P022481, D'Coffee Beanery. The Assessors office recommended approval in the amount of $3,657.37 due to a data entry error in their office. Commissioner Phillips moved to approve an abatement of $3,657.37, schedule number P022481. commissioner Gates seconded the motion. The vote was declared unanimous. Chairman Johnson stated the next petition for abatement was schedule number 006715, Moffat Coal Company. The Assessor's office recommended denial for 1992 and a partial abatement in 1993 in the amount of $1,332.94. Conmissioner Gates moved to deny the abatement for 1992 and approve a partial abatement in 1993 of $1,332.94, schedule number 006715. commissioner Phillips seconded the motion. The vote was declared unanimous. T-27-95 Brown Residence Bruce Campbell, Code Enforcement Officer, I?resented file number T-27-94, Brown Residence. He stated this is an aPI?licatlon for a Terrporary Housing Permit. He related the aI?plicant would llke to maintain the existing residence while constructlng a new residence and has agreed to convert the existing residence into a non-habitable agricultural building. Staff reconmended aPI?roval. He stated adjacent property owners show no concerns with this aPI?llcation providing it not be returned to a dwelling unit. Commissloner Phillips moved to aPI?rove an extension of Terrporary Housing Permit, file number T-27-95, Brown resldence, with the condition the house be returned to a green house/stable and that it be uninhabitable as a dwelling unit. 3 commissioner Gates seconded the motion. The vote was declared unanimous. T-28-95 Bartlett Residence Bruce Campbell presented file number T-28-95, Bartlett residence. He stated this is a new terrporary permit to allow a mobile home on the property until the residence is corrplete. The applicant anticipates the single family residence will be completed within the 6 month time frame. Commissioner Gates moved to approve file number T-28-95, Bartlett residence. corrmissioner Phillips seconded the motion. The vote was declared unanimous. Horse MOuntain Ranch Metropolitan District Keith Montag, Director of Commmity Development, stated the next item on the a$enda was the Service Plan for Horse Mountain Ranch Metropolitan Distrlct. He stated the applicant is requestin$ this matter be tabled. Jim Fritze, County Attorney, stated a meetlng has been scheduled with the County Attorney's Office and the Engineering Department for July 12, 1995. He continued relating Staff has strived to meet the commitments but it is not Staff's position to do research for the aI?plicant. Chairman Johnson sU$gested if the Board declded to table this matter it be to August 8, 1995, WhlCh is a normal planning day. Mr. Fritze indicated the Board is allowed to determine the date. Commissioner Gates moved to table the Service Plan for Horse Mountain Ranch Metropolitan District to August 7, 1995 at the applicant's request. corrmissioner Phillips seconded the motion. In discussion, Chairman Johnson stated he feels it is the applicant's responsibility to be present when their file is heard. He stated the applicant has been given ample opportunity to meet with the Board. Chairman Johnson called for the question on the motion. commissioners Phillips and Gates voting aye and Commissioner Johnson voting no. There being no further business to come before the Board, the meeting was adjourned until June 27, 1995. Attest: C 4