The URL can be used to link to this page

Browse Search

Home My WebLink About20092016.tiffPETITION TO STATE BOARD OF ASSESSMENT APPEALS 1313 Sherman Street, Room 315 Phone: (303) 866-5880 Denver, Colorado 80203 Fax: (303) 866-4485 Date: August 26, 2009 Property owner: Theresa L. Henry and William G. Hertneky Subject Property: 319 Habitat Cove, Windsor, CO 80550 Street Address City Schedule Number(s): Parcel # 080728205010 Attach separate sheet if necessary Appeals the decision of the Weld County County Board of Equalization ❑Board of Commissioners ❑State Property Tax Administrator This Appeal concerns: 10Valuation ❑ Refund/Abatement O Exemption O State Assessed The subject property Is currently classified as: 0 Agricultural ❑ Oil & Gas ❑ Vacant Land Actual Value assigned to subject property: $1,013,894 Petitioner's estimate of value: $900,000 ❑Commercial QExempt ti Personal (]Possessory Interest 0 Industrial ❑ Producing Mines ❑Mixed Use f lResidential ['State Assessed For Office Use Only Docket No. Fee: Y N Check/Credit Card # P F H Dated: July 28, 2009 Tax Year: 2009 ❑Natural Resources Estimated time for Petitioner to present the appeal: 45 minutes or hours. Not less than 30 minutes. Board will allow equal time to County or Property Tax Administrator. Appearance: 0 Petitioner will be present at the hearing ❑ Petitioner will be represented by an agent ❑ Petitioner will be represented by an attorney glPetitioner will appear by telephone Petitioner is responsible for calling the Board at 303-888-5880 on the scheduled date and time of hearing (Mountain Time Zone) All entities must appear under the representation of an attorney licensed in Colorado. Closely held entities, however, require no attorney if they are represented by an officer of the entity as long as the amount in controversy does not exceed $10,000, exclusive of costs, interest or statutory penalties. A closely held entity can have no more than three owners. A trust need not be represented by an attorney as it is not an entity. Filing Fee: • None ❑ $ 33.75 o $101.25 Petitioner is appearing pro se (self -represented) and has not filed more than two Petitions with the Board of Assessment Appeals during this fiscal year (July 1 — June 30). Petitioner is appearing prose (self -represented) and has filed more than two Petitions with the Board of Assessment Appeals during this fiscal year (July 1 — June 30). Petitioner will be represented by an agent or by an attorney. In the space below, please explain why you disagree with the value assigned to the subject property Our Water Valley subdivision in Windsor became significantly overbuilt in the 2006-08 timeframe, and had a huge number of spec houses that pushed values down during the valuation period. Using a number of comps in the subdivision, and the Co. Assessor's own valuations, supports a decrease in value. Complete explanation & tables will be attached to copy mailed to the BAA. /y �iv5t—Frt l 6 LAI 57'1 c A 4-500 7 V 0114/07 c.200- 970% Required attachments to this form: 0 Assessor's or Property Tax Administrator's Notice of Valuation or Notice of Denial 8 Decision of County Board of Equalization, County Board of Commissioners or Property Tax Administrator Attachments required under certain circumstances: 0 A notarized Letter of Authorization if an agent will be representing Petitioner 0 A list of names, last known addresses and telephone numbers of co -owners or parties directly interested in the subject property if applicable. Certificate of Service I hereby certify that a true and correct copy of the foregoing Petition to the State Board of Assessment Appeals and attachments were mailed, faxed or hand delivered to: Weld County County *Board of Equalization o Board of Commissioners ['State Property Tax Administrator at the following address: 915 10th Street, P.O. Box 758, Greeley, CO 80632 on August 28,2009 l glii(oc ) Date I hereby certify that a true and correct copy of the foregoing Petition to the State Board of Assessment Appeals and attachments were mailed, faxed or hand delivered to all co -owners or parties directly interested in the subject property on Date I hereby certify that four (4) true and correct copies of the foregoing Petition to the State Board of Assessment Appeals and attachments were mailed or hand delivered to the Board of Assessment Appeals at 1313 Sherman Street, Room 315, Denver, CO 80203 on August 28, 2009 ( t( 10 CO Date (One copy may be faxed to the Board but the original and two additional copies must be mailed or hand delivered.) Petitioner's Mailing Address is Required Even if Petitioner is Re 39-8-109 Signature of Agent O or Attorney Ci Printed Name Mailing Address City, State, Zip Code Telephone: E -Mail: en In An Agent or Attorney per C.R.S. 1h a(-7t.C1_11t lgna re of Pe i to -r William G. Hertneky, Theresa L. Henry Printed Name 319 Habitat Cove Mailing Address Windsor, CO 80550 City, State, Zip Code Telephone: 970-378-1800 Daytime number E -Mail: whertneky@newwestbank.biz Attorney Reg. No.: It Is the Petitioner's responsibility to notify the BAA of any change of address. Petitioners are strongly encouraged to read the Instructions and Rules of the Board of Assessment Appeals prior to completing this Petition Form. The Instructions and Rules are available on the Web at www.dola.Colorado.gov/baa or may be requested by phone at 303-866-5880. August 28, 2009 State Board of Assessment Appeals 1313 Sherman Street, Room 315 Denver, CO 80203 Subject: Appeal of Weld County Board of Equalization Determination of Value — Schedule # R7417698, Parcel # 080728205010 Property Address — 319 Habitat Cove, Windsor, CO 80550 Dear Board of Appeals: First, I want to thank the Board of Assessment Appeals for allowing me to present the facts on comparably valued homes in the immediate Water Valley subdivision. Secondly, there was one error (which I believe the assessor has now noted) on our original property records — they had 4 bedrooms on their records, and we only have 3. Basis for Estimate of Value: We purchased our home in March 2007. Since that time, and specifically during the timeframe of 2007 through June 30, 2008, comparable residential properties in the Water Valley subdivision have been selling for considerably less per finished SF. The Water Valley subdivision (where our home is located) became significantly overbuilt during the 2006-08 timeframe, and Water Valley South had a huge number of spec houses that have dropped significantly in value. Every one of the eight comparable houses on my Attachment A are located in the immediate neighborhood, thus providing the best indication of comparable value. By contrast, the county assessor's office utilized a farm acreage located approximately 10-11 miles from the subdivision. Please refer to Attachment A — Comparable Houses Data. Key Points regarding Attachment A: 1. This table only includes residential properties located in our immediate Water Valley subdivision, specifically Water Valley North (Phase One), Water Valley South, and Hilltop Estates, in order to provide the most indicative comparison. 2. All data is based on an Improved Property Sales Search for property sales from 1/1/07 thru 6/30/08. 3. Six of the eight comps are also lake front lots in Water Valley. 4. Of the 8 comp sales, 465 Harbor Ct., 469 Harbor Ct. and 1520 Pintail Cove are considered the properties that are most similar to the subject. 5. In comparing the eight similar homes, I adopted the same methodology utilized by the County Assessor's office in making dollar adjustments in Attachment A. However, I used as my reference point the current (2009) Assessed Value from the Weld County website. My logic there is rather straightforward — how could I get any more current and accurate comparable values than what is available from the county assessor? 6. 465 Harbor Ct. is the most recent sale (6/08), is also a lake front lot, and has the most similar amount of high quality features and finish (this was built by a high quality custom builder as his own personal residence). This house has 1,058 more finished sq. ft. (25% more than ours), 3 more bedrooms and 1 additional bathroom. Most importantly, I believe that the Weld County Assessor has this home mis-categorized as 'Very Good' quality — if they were to inspect the interior finish, they would see that it is very comparable to our home. 7. Based on assessed valuations, all of the comps are valued less than the respective purchase prices, anywhere from 12% to 32% less. It would appear that even Weld County's assessed valuations agree that Water Valley values have declined significantly during this timeframe. 8. I do have photos of the comps that I could provide, if you would like to view them and determine for yourself if you agree that the comps we selected are very good comps located in the same subdivision, and also similar in quality of finish. 9. In summary, I've conducted two different types of comparative analysis, and using the three highest comp values equates to an average of $214.78 per SF for a total value for our home of $903,781. Seven of the eight comps are valued less than this $215 per SF by the County Assessor. The second average (attachment B) utilizes total finished SF, and concludes an average of $215.00 per SF — which would seem to confirm the first conclusion. I thank you for considering the data and accurate valuation for our property. i\\.,.L )(LC- tLt\1L,� William (i.i Hertne Attachments Theresa L. Henry 4ester COLORADO August 3, 2009 HENRY THERESA L & 319 HABITAT COVE WINDSOR, CO 80550 CLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4226 FAX: (970) 352-0242 P. O. BOX 758 GREELEY, COLORADO 80632 RE: THE BOARD OF EQUALIZATION, 2009, WELD COUNTY, COLORADO - DENY PETITIONER'S APPEAL AND AFFIRM ASSESSOR'S VALUE DESCRIPTION OF PROPERTY: ACCOUNT #: R7417698 PARCEL #: 080728205010 - WIN 2WVPH1 L10 BLK2 WATER VALLEY SUB FILING #2 PHASE 1 SITUS: 319 HABITAT COVE WINDSOR 80550 Dear Petitioner: On July 28, 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 $1,013,894 $1,013,894 2009-1734 AS0073 HENRY THERESA L & - R7417698 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 CBOE of your intent. You and the CBOE 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 CBOE 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 2009-1734 AS0073 HENRY THERESA L & - R7417698 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, 4, Esther E. Gesick Deputy Clerk to the Board cc: Christopher Woodruff, Assessor 2009-1734 AS0073 m m = O 0 Cr) N toCO N M git 00D a M N CO CO 0 O LO LO r O LO o o •ct t0 0 M 0 t4) t+) r al 0 CO V XLO 000 V N N CO V 00 W r tD V0 N- N rr r C!) O CD O r- gcr n V 0 r 0) r 000 v 0)) a) a) to C O N OD O O O O M n COO N O t0 0 V D r 'in r • N. 3 °' " C Or Q � ▪ U L c N CO co- O r N C r CO N- CO ' C E O - CO t 0 0 t0 t t0 t0 V as s to as as o r 0 0 M O 88 t0 co a.. J C O . o inNI co N O M O t co_ y _ o 9Z � r 7 N tO N N N co @ N 0 Ez �rn C .- T-' 3: (WJ (0V i o 0000 O 0 0 v v CO 0 CO 0 0 LO 0 0 r (O h CO 0 0 O N 0 r r r y o CC C o v co o CO co O 0 CO t00 + U a O O' a a a) m = r 0 0 co r 111 V u) O ' O O r 0 0 t0 0 0 N LO 0 0 ‘-I O N O tD t0 N co O O CO O CO N N 0 to a r N 0 E Z CO �°al O U a at r 0 O O N_ O to > 0 Q M m a m 2 a) M � CO 0 co N 0 ✓ 43 n_ M • 8 ca CL O N UU 0 O U) N tO 0 co O 0 0) 0 N C w LL tti 7 CO CO CC • c c E • N 0o)aw o g CD E E E E " c E E o o c 0 b >> > O N .L.. 'O a moil 'O = co7 U Q Q m mmmm 0 <0 m at C 0 V O 4- 0 0 O O 00) N- tD wo CO �roo 0) o n N E a rn 't r a Lb r + m r 0 Q Y6 p H fA ff! 3 d 2 0 0 CO (OD N N u'� c0 CO O O 0 q cOI N O (0 O N O CO, 0 N- C CO (ND V (`') r r r �) OO1 Z O N N O C) S <9 of C O O O O N 0 O ' O' O r0 0 0 V COte CO. f -:(O a (n O c+D co ry k. (D a) L � )O CO CO f0) r U a C Q O Cu CO CO 63 o I Q a aD c0� t0 V a' a v 0 Niii R N 0V •F V M No 0)) O c00 o. z •cr CO CO COCS N N o () fA N! C m O M N O O O O (00 CD COO N tri O O V O O 'c{ 0 O (0 C co Lb r N c00 cc a a } aD U ta a 00 2 (n CO (n m m 0 0 (h (h r- ,- )0 )0 a c0 v O ,pl O N O 0 O LOU) to O Or W 0 0 Ch CO- N N r C9 O) O. O CI M co 0 Z 1 V f» <9 ig8 Cu0 mOt CO CO c . C c Ig Cl)C'C C co N Q O- c J E c E E OD 0 co N>> o c m Q o V co0 L rn O= o v a N N v N D =Q m mmmm O a0 $ Adjustments e m 40- E u a t 7 'v Q a) .O o I ml Z 0 U 1w t m A 0 • a EZ 0 C, 69 U d) r U1 Cu V) red 00 O N C N CO M U, N ) O r M CO es 04 CO CO O 61 ao O 0 N O O O O U) N 1 N- C oc°'Cr UD o (0OOO O v w O O ni co r o O • ao o v )ci CO• tO CO N- O) LO CO ID CO 'Cr CO ✓ r N IC J d c c E E o D 0i EEo8 C CD m', N mAL ra N ( n?...... .. CO CO CO w o 1c) O 0 O) CO 0 of o u) )O 7 N O O O • 0 N 0 O OD (7 0 U) rn of 0 CD - a) W O O N- ai rn N 0 N- 0 0 CO O m CC v CO CO N O N O O O co C7 UJ N mmii'mm m E N l0 N c m Q > tn-v co O 'O p o < 0 -J OD S s $ Adjustments C LL _ • w - I- J 0 c0 c •E m• a 7 • c « a J a) 0 ▪ LL c aw = 0 (0 V .E a` 0 L LL� F • c u. ▪ w C 0 3 • > c > W E a p COn a 0 10 m To i •0 c ) a` o cal CO CV r r - r S E9 6 O O 0 O O 0 0 o CO 6 ▪ in a) n m n • M(D(ON CO M r NOD OD nr T- N r w- N N N CO CO CO CD 0 CV CV CD 0 �) V N. N CO M O 0 0 0 0 0 0 0 0 0 0) a) N V cD ✓ (O n N M CO U) N N M r r aOa)MM(0N'- o 'Onoo(o eon co (D V NM)O(ON M NON (O(O (On • D O O n M n O 0 0 0 0 0 0 0 CD 0 o C o 0 0 CD o o CI)) U) aih0(nN 6) n n M(On(O(Ua O) (0 10 a) f0 (O OD CO• > CO O d = = >1.... = N 9 Oo3UUUd eal) CL aa� w a is s 0,2 al `_ m; o o 2 2co = o co co co S 0_ P V) 0) C c( 0) U) r N Co r MC(D(0O CO d M mat Mr Co N 2 OS CO V)0 n nnneonnn O 0000000 O 0 0 0 0 0 0 0 N N 0 N N N N N O) (D COC ;5 eo Co MM iOrr V N N N N L L cco N V CO of 3 N L (o U N '_ F 00 0 •-• O O O a 0 2 t m N N N L y -o Q a) 0 r 0 V • r t • a -o .4) U > • N O C N L N N • N L o N y o > C CD L CO N 1 - (U o Na• E c E @ - 0 03 C 0 N a ro sa aji 2,2E ▪ a • co = ▪ 15 — d c — N • N O N d • C > l0 (6 • L c O ..- N N O O co E U C L O > N r '° N aft, n o C o U • c O 1 -c • 2 Listing data obtained from The Group Real Estate MLS records. w N CS CS Yat tn co to ua • ts it {y 1% W u ma 3 nt ea a.ao t4 I N h Q49 Hello