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HomeMy WebLinkAbout20091818.tiffCLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4226 FAX: (970) 352-0242 P. O. BOX 758 GREELEY, COLORADO 80632 COLORADO August 10, 2009 LIJNIS IRMA 1857 LAURUS LN JOHNSTOWN, CO 80534 RE: THE BOARD OF EQUALIZATION, 2009, WELD COUNTY, COLORADO - DENY PETITIONER'S APPEAL AND AFFIRM ASSESSOR'S VALUE DESCRIPTION OF PROPERTY: ACCOUNT #: R8844400 PARCEL #: 105906407048 - JOH 9RHR L48 ROLLING HILLS RANCH PHASE 9 SITUS: 1857 LAURUS LN JOHNSTOWN 80534 Dear Petitioner: On August 5, 2009, the Board of County Commissioners of Weld County, Colorado, convened, and acting as the Board of Equalization, pursuant to Section 39-8-101, C.R.S., et.seq., considered your petition of appeal of the County Assessor's valuation of your property described above, for the year 2009. The Board of Equalization found that the evidence presented at the hearing clearly supported the value placed upon your above described property by the County Assessor. Such evidence indicated the value was reasonable, equitable, and derived according to the methodologies, percentages, figures and formulas dictated to the Weld County Assessor by law. The assessment and valuation of the Weld County Assessor was affirmed as follows: ACTUAL VALUE AS DETERMINED BY ASSESSOR ACTUAL VALUE AS SET BY BOARD $181,250 $181,250 2009-1818 AS0073 / C'C. ,OF/ P[_t(crrrt-x) ///!C1'J LIJNIS IRMA - R8844400 Page 2 A denial of a petition, in whole or in part, by the Board of Equalization may be appealed by selecting one of the following three options; however, said appeal must be filed within 30 days of the denial: 1. Board of Assessment Appeals: You have the right to appeal the County Board of Equalization's (CBOE's) decision to the Board of Assessment Appeals (BAA). Such hearing is the final hearing at which testimony, exhibits, or any other evidence may be introduced. If the decision of the BAA is further appealed to the Court of Appeals only the record created at the BAA hearing shall be the basis for the Court's decision. No new evidence can be introduced at the Court of Appeals. (Section 39-8-108(10), C.R.S.) Appeals to the BAA must be made on forms furnished by the BAA, and such appeals should be mailed or delivered within thirty (30) days of denial by the CBOE to: Board of Assessment Appeals 1313 Sherman Street, Room 315 Denver, CO 80203 Phone: 303-866-5880 Fees: A taxpayer representing himself is not charged for the first two appeals to the Board of Assessment Appeals; however, a taxpayer being represented by an agent or an attorney must submit a fee of $101.25 per appeal. OR 2. District Court: You have the right to appeal the CBOE's decision to the District Court of the county wherein your property is located. New testimony, exhibits or any other evidence may be introduced at the District Court hearing. For filing requirements, please contact your attorney or the Clerk of the District Court. Further appeal of the District Court's decision is made to the Court of Appeals for a review of the record. (Section 39-8-108(1), C.R.S.) OR 3. Binding Arbitration: You have the right to submit your case to arbitration. If you choose this option the arbitrator's decision is final and your right to appeal your current valuation ends. (Section 39-8-108.5, C.R.S.) Selecting the Arbitrator: In order to pursue arbitration, you must notify the OBOE of your intent. You and the OBOE select an arbitrator from the official list of qualified people. If you cannot agree on an arbitrator, the District Court of the county in which the property is located will make the selection. Arbitration Hearing Procedure: Arbitration hearings are held within sixty days from the date the arbitrator is selected. Both you and the OBOE are entitled to participate. The hearings are informal. The arbitrator has the authority to issue subpoenas for witnesses, books, records, documents and other evidence. He 2009-1818 AS0073 LIJNIS IRMA - R8844400 Page 3 also has the power to administer oaths, and all questions of law and fact shall be determined by him. The arbitration hearing may be confidential and closed to the public, upon mutual agreement. The arbitrator's written decision must be delivered to both parties personally or by registered mail within ten (10) days of the hearing. Such decision is final and not subject to review. Fees and Expenses: The arbitrator's fees and expenses are agreed upon by you and the CBOE. In the case of residential real property, such fees and expenses cannot exceed $150.00 per case. The arbitrator's fees and expenses, not including counsel fees, are to be paid as provided in the decision. If you have questions or need additional information, please do not hesitate to contact me at (970) 336-7215, Extension 4226. Very truly yours, Esther E. Gesick Deputy Clerk to the Board cc: Christopher Woodruff, Assessor 2009-1818 AS0073 Weld County CHRISTOPHER M. WOODRUFF COUNTY ASSESSOR BRENDA DONES, DEPUTY ASSESSOR VALUATION REPORT OF RESIDENTIAL IMPROVED PROPERTY FOR County Board of Equalization LIJNIS IRMA PETITIONER VS. WELD COUNTY ASSESSOR'S OFFICE RESPONDENT Parcel Number: 1059-06-4-07-048 Schedule Number: R8844400 Log Number: 1253 Date: 5/27/2009 Time: 03:00 PM Board: CBOE Vermeda Gerkin PREPARED BY APPRAISERS NAME July 16, 2009 Signature Date ASSESSOR'S OFFICE STAFF APPRAISER ASSESSOR'S VALUE RESIDENTIAL $181,250 Total: $181,250 2009-1818 GENERAL DESCRIPTION AND MARKET SUMMARY SUBJECT SITE AND IMPROVEMENTS This property is located at 1857 LAURUS LN in the city of JOHNSTOWN. The legal description of the property is JOH 9RHR L48 ROLLING HILLS RANCH PHASE 9 SITUS: 1857 LAURUS LN JOHNSTOWN 80534. Utilities available to the site are typical for the area. The residence is a Frame Siding house constructed in2001. It has 1450 square feet of finished living area. There are 3 bedrooms. The Assessor has classified the structure as a Townhouse Two Story home of Average quality, using Average quality materials. MARKET APPROACH SUMMARY Real property for the tax year 2009 must be valued utilizing the level of value for the period of one and one-half years immediately prior to July 1, 2008. A period of five years immediately prior to July 1, 2008 shall be utilized to determine the level of value if adequate data is not available from such one and one-half year period to adequately determine the level of value for a class of property. Said level of value shall be adjusted to the final day of the data -gathering period. Changes occurring between base years are not to be accounted for until the following level of value is implemented, other than additions, change in use, detrimental acts of nature, damage due to fire, etc., creation of a condominium, new regulations restricting or increasing the use of the land, or a combination thereof {39-1-104(11)(b)(I), CRS}. The Weld County Assessor has an established ongoing Sales Confirmation and Validation Program for property transactions used in developing values. The subject property has been classified as Residential for assessment purposes. Residential property value shall be determined by appropriate consideration of the Market Approach to Value {39-1-103(5)(a), CRS}. The Assessor has considered this approach to value for the subject parcel. ASSESSOR'S VALUE RESIDENTIAL $181,250 Total: $181,250 CBOE_RES_010E Page Comparable Number Comparable Number CBOE_RES_010E Page Comparable Number it! IiiiIuhlIllIlII IlIlillilhIll a 'Cr Comparable Number 4 CBOE_RES_01( Pag a) LO co Q) ID m oc0 ( ta- w cc i w O U C r Scale 1.1,871 a S 00 Cn vrt r 47) 0 O O U, •e to ict , 0 t" CO N to 0 N 1 ;fir 's ro .o c0 o reitO O Nis O Comp #3 1839 Laurus Ln ROLLING H1 N O r a) c0 cn O In a O C BRISTOL LN r a C 0 U cn Subject Property O O M en O) O wit Lin ca 1` 00 c0 co co o0 0) 0 0 00 0 Nl vieioi O r o J co ci' (DI"- 0O Q1 1*- F- ti ► - O 0 O 00 0 0O03 00 Q) O 0 co O Ln co in Lei O O CO 0 NO HONVH SKIN JNI11021 NO HONVa SI1IN JNI1loa O} r Co 00 LBO COOMNRQNII C) Nr' CO N. NN r. - O 0 0 Ab tlOOMNRQNII DAYTONA LN Cr) tO O N tO r 0 CD tp o a in C O O i I I O In Nf a Ci Tr - 0 0 N a 4.0 C. a 0 1 0 X I V A en a) § @- / «t Cu O co q a LLI o v k 00000(1000 00000000 CD 1,9 §§k/,k,\! 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TAX YEAR TAX AREA LEGAL DESCRIPTION/ PHYSICAL LOCATION R8844400 2009 0567 JOH 9RHR L48 ROLLING HILLS RANCH PHASE 9 SITUS: 1857 LAURUS LN JOHNSTOWN 80534 1857 LAURUS N JOHNSTOWN, COC80534 PROPERTY OWNER LIJNIS IRMA 1857 LAURUS LN JOHNSTOWN, CO 80534 PROPERTY CLASSIFICATION ASSESSOR'S VALUATION ACTUAL VALUE PRIOR TO REVIEW ACTUAL VALUE AFTER REVIEW RESIDENTIAL 202,128 181,250 TOTAL - $202,128 $181,250 The Assessor has carefully studied all available information, giving particular attention to the specifics included on your protest. The Assessor's determination of value after review is based on the following: AL02 - The actual valuation of your property has been adjusted based on new information. This may be information you have supplied, corrections of characteristics or additional sales which we have uncovered during the appeals process. If you disagree with the Assessor's decision, you have the right to appeal to the County Board of Equalization for further consideration, § 39-8-106(1)(a), C.R.S. The deadline for filing real property appeals is July 15. The deadline for filing personal property appeals is July 20. The Assessor establishes property values. The local taxing authorities (county, school district, city, fire protection, and other special districts) set mill levies. The mill levy requested by each taxing authority is based on a projected budget and the property tax revenue required to adequately fund the services it provides to its taxpayers. The local taxing authorities hold budget hearings in the fall. If you are concerned about mill levies, we recommend that you attend these budget hearings. Please refer to last year's tax bill or ask your Assessor for a listing of the local taxing authorities. Please refer to the reverse side of this notice for additional information. 15 -OPT -AR PR 207-08/08 NOD# 2112 APPEAL PROCEDURES County Board of Equalization Hearings will be held from July 1 through August 5 at 915 10`h Street, Greeley, CO To appeal the Assessor's decision, complete the Petition to the County Board of Equalization shown below, and mail or deliver a copy of both sides of this form to: WELD COUNTY BOARD OF EQUALIZATION 915 10TH Street, P.O. Box 758 Greeley, Colorado 80632 Telephone (970) 356-4000 Ext, 4225 To preserve your appeal rights, your Petition to the County Board of Equalization must be postmarked or delivered on or before July 15 for real property and on or before July 20 for personal property — after such date, your right to appeal is lost. You may be required to prove that you filed a timely appeal; therefore, we recommend that all correspondence be mailed with proof of mailing. You will be notified of the date and time scheduled for your hearing. The County Board of Equalization must mail a written decision to you within five business days following the date of the decision. The County Board of Equalization must conclude hearings and render decisions by August 5, § 39-8-107(2), C.R.S. If you do not receive a decision from the County Board of Equalization and you wish to continue your appeal, you must file an appeal with the Board of Assessment Appeals by September 11. If you are dissatisfied with the County Board of Equalization's decision and you wish to continue your appeal, you must appeal within 30 days of the date of the County Board's written decision to ONE of the following: Board of Assessment Appeals District Court 1313 Sherman Street, Room 315 9'" Avenue and 9' Street, P.O. Box C Denver, CO 80203 Greeley, Colorado 80632 (303) 866-5880 Telephone (970) 356-4000 Ext. 4520 www.dola.colorado.qov/baa Binding Arbitration For a list of arbitrators, contact the County Commissioners at the address listed for the County Board of Equalization. If the date for filing any report, schedule, claim, tax return, statement, remittance, or other document falls upon a Saturday, Sunday, or legal holiday, it shall be deemed to have been timely filed if filed on the next business day, § 39-1-120(3), C.R.S. PETITION TO COUNTY BOARD OF EQUALIZATION What is your estimate of the property's value as of June 30, 2008? (Your opinion of value in terms of a specific dollar amount is required for real property pursuant to § 39-8-106(1.5), C.R.S.) $ /7O✓ • dc'p What is the basis for your estimate of value or your reason for requesting a review? (Please attach additional sheets as necessary and any supporting documentation, i.e., comparable sales, rent roll, original installed cost, appraisal, etc.) 4/2s. goy P / frianr,2D 7Z'o ,1-sscfl, oz /`7v /Yo“).s er . 77 2 - C' o,vCG a s, 0A, 4'#s (A-7TAcA-e I /vO.000, 42'3 , 6_ �zfS1€ a) Salo /--a/ ,*/7O.000 794 v )G2vwooa �Iz Y', too, S/ V/c1ivZ4%y- .the J/3y.9Oot /633 .CAv 51A7vv- $/V9.9O-: ATTESTATION I, the undersigned owner or agent' of the property identified above, affirm that the statements contain d herein and o any attachments hereto are true and complete. =_.y 97O sR7o6o6 7 bz-/Oy Signature Telephone Number Date 1 Attach letter of authorization signed by property owner. 15-DPT-AR PR 207-08/08 N00 # 2112 Appeal for the excessive assesment of 1857 Laurus Lane, Johnstown, CO. 80534 Last year in 2008 I protested the assesment value of my house . The conclusion was $170.000. I agreed to this amount because the last house comparable to mine just sold for that amount. They had been trying to sell it for almost 2 years for $189.000 and had to come down that much to finally close on the deal.. The conclusion is attached . I find it totally unreasonable to now asses my house for $181250 for the same period. Homes like mine are now selling for: 19 Lindenwood $149.900, 51 Victoria Dr. $139.900, 1833 Laurus lane, $149.900, Many are not selling at all, They have for sale signs on them for I to 2 years already. Irma Lijnis 2008 COUNTY BOARD OF EQUALIZATION WELD COUNTY ASSESSOR'S ACCOUNT NUMBER R8844400 STIPULATION (As To Tax Year 2008 Actual Value) RE: PETITION OF : NAME: Lijnis, Irma ADDRESS: 1857 Laurus Lane Johnstown, CO. 80534P Petitioner(s), Lijnis, Irma and the Weld County Assessor, hereby enter into this Stipulation regarding the tax year 2008 valuation of the subject property, and jointly move that the Board of Equalization to enter its order based on this Stipulation. Petitioner(s) and the Assessor agree and stipulate as follows: 1. The property subject to this Stipulation is described as: JOH 9RHR L48 ROLLING HILLS RANCH PHASE 9 SITUS: 1857 LAURUS LN JOHNSTOWN 80534 2. The subject property is classified as Residential property. 3. The County Assessor originally assigned the following actual value to the subject property for tax year 2008. Land $ 35,000 Improvements$ 150,218 Total $ 185,518 4. After further review and negotiation, the petitioner(s) and Weld County Assessor agree to the following actual value for the subject property. Land $ 35,000 Improvements$ 135,000 Total $ 170,000 RESOLUTION RE: THE BOARD OF EQUALIZATION, 2008, WELD COUNTY, COLORADO - STIPULATE PETITION OF: LIJNIS IRMA 1857 LAURUS LN JOHNSTOWN, CO 80534 DESCRIPTION OF PROPERTY: ACCOUNT #: R8844400 PARCEL #: 105906407048 - JOH 9RHR L48 ROLLING HILLS RANCH PHASE 9 SITUS: 1857 LAURUS LN JOHNSTOWN 80534 WHEREAS, the Board of County Commissioners of Weld County, Colorado, convened as the Board of Equalization for the purpose of adjusting, equalizing, raising or lowering the assessment and valuation of real and personal property within Weld County, fixed and made by the County Assessor for the year 2008, and WHEREAS, said petition has been heard before the County Assessor and due Notice of Determination thereon has been given to the taxpayer(s), and WHEREAS, the taxpayer(s) presented a petition of appeal of the County Assessor's valuation for the year 2008, claiming that the property described in such petition was assessed too high, as more specifically stated in said petition, and WHEREAS, in lieu of the hearing scheduled before the Board of Equalization a Stipulation was agreed upon by the Assessor and said petitioner(s), and WHEREAS, the petitioner(s) and the Weld County Assessor agree that the assessment and valuation of the Weld County Assessor shall be, and hereby is, stipulated as follows: Land Improvements OR Personal Property TOTAL ACTUAL VALUE AS DETERMINED BY ASSESSOR ACTUAL VALUE AS STIPULATED $ 35,000 $ 35,000 150.518 135.000 $ 185,518 $ 170,000 WHEREAS, said Stipulation shall resolve all issues to have been determined by the Weld County Board of Equalization. cc; .Sts 04, Per 2008-2114 AS0070 8-s-02 Weld County Clerk to the Deputy Clerk : the Board APPROVED AS TO FORM: �v i iq xc� tIJA / Assistant Courj'y Attorney Date of signature' O/0, RE: BOE - LIJNIS IRMA, R8844400 Page 2 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, acting as the Board of Equalization, that the Stipulation agreed to by the Weld County Assessor and the above -named petitioner(s) be, and hereby is, accepted by the Board. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 31st day of July, 2008. BOARD OF COUNTY COMMISSIONERS E'0 \WELD COUNTY, COLORADO Itiam H. Jerke, Chair EXCUSED EXCUSED David E. Long aas ladema h 2008-2114 AS0070 ft COLORADO July 27, 2009 LIJNIS IRMA 1857 LAURUS LN JOHNSTOWN, CO 80534 Dear Petitioner(s): CLERK TO THE BOARD PHONE (970) 356-4000 EXT 4226 FM: (970) 352-0242 WEBSITE: www.co.weld.co.us 915 10TH STREET P.O. BOX 758 GREELEY, COLORADO 80632 Parcel No.: 105906407048 Account No.: R8844400 The Weld County Board of Equalization has seta date of August 5, 2009, at or about the hour of 10:30 AM, to hold a hearing on your valuation for assessment. This hearing will be held at the Weld County Centennial Center, First Floor Hearing Room, 915 10th Street, Greeley, Colorado. You have a right to attend this hearing and present evidence in support of your petition. The Weld County Assessor or his designee will be present. The Board will make its decision on the basis of the record made at the aforementioned hearing, as well as your petition, so it would be in your interest to have a representative present. If you plan to be represented by an agent or an attorney at your hearing, prior to the hearing you shall provide, in writing to the Clerk to the Board's Office, an authorization for the agent or attorney to represent you. If you do not choose to attend this hearing, a decision will still be made by the Board by the close of business on August 5, 2009, and mailed to you on or before August 12, 2009. Because of the volume of cases before the Board of Equalization, all cases shall be limited to 15 minutes. Also due to volume, cases cannot be rescheduled. It is imperative that you provide evidence to support your position. This may include evidence that similar homes in your area are valued less than yours or you are being assessed on improvements you do not have. Please note: The fact that your valuation has increased cannot be your sole basis of appeal. Without documented evidence as indicated above, the Board will have no choice but to deny your appeal. If you wish to obtain the data supporting the Assessor's valuation of your property, please submit a written request directly to the Assessor's Office by fax (970) 304-6433, or if you have questions, call (970) 353-3845. Upon receipt of your written request, the Assessor will notify you of the estimated cost of providing such information. Payment must be made prior to the Assessor providing such information, at which time the Assessor will make the data available within three (3) working days, subject to any confidentiality requirements. LIJNIS IRMA - R8844400 Page 2 Please advise me if you decide not to keep your appointment as scheduled. If you need any additional information, please call me at your convenience. Very truly yours, BOARD OF EQUALIZATION C 7. {.iii Esther E. Gesick Deputy Clerk to the Board cc: Christopher Woodruff, Assessor Hello