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Home My WebLink About20091786.tiffa ari COLORADO August 4, 2009 LEARY WILLIAM W & 729 MAIN ST 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 PETITIONERS APPEAL AND AFFIRM ASSESSOR'S VALUE DESCRIPTION OF PROPERTY: ACCOUNT #: R1432086 PARCEL #: 080720101001 - WIN 22920 L16 BLK1 BOWMANS SITUS: 729 MAIN ST WINDSOR 80550 Dear Petitioner: On July 30, 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 $168,236 $168,236 2009-1786 AS0073 on c PE <C r?/6-/07 LEARY WILLIAM W & - R1432086 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 Courts 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 2009-1786 AS0073 LEARY WILLIAM W & - R1432086 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, I _. c. < Esther E. Gesick Deputy Clerk to the Board cc: Christopher Woodruff, Assessor OYER LEARY 1232 SAINT JOHN PL FORT COLLINS, CO 80525 2009-1786 AS0073 Weld County CHRISTOPHER M. WOODRUFF COUNTY ASSESSOR BRENDA DONES, DEPUTY ASSESSOR VALUATION REPORT OF COMMERCIAL PROPERTY FOR County Board of Equalization LEARY WILLIAM W & LEARY OYER G & PETITIONER VS. WELD COUNTY ASSESSOR'S OFFICE RESPONDENT Parcel Number: 0807-20-1-01-001 Schedule Number: R1432086 Log Number: 571 Date: 7-30-09 Time: 4:00 Board: CBOE PREPARED BY STAN JANTZ Signature Date CBOE_COMM_010998 Page 1 cYf 9 '-/74% SALIENT FACTS AND CONCLUSIONS Purpose of Appraisal To determine Market Value as of 1/1/09 based on an appraisal date of 6/30/08. Property Rights Appraised Unencumbered fee simple interest. Location 729 MAIN STREET WINDSOR Land Area 9,500 Square Feet Property Type Commercial 1— Office Building 1 —Two Car Garage Year Built 1931 Year Remodeled Quality Fair Class Wood Frame with Brick Exterior Number of Stories One Improvement Sq. Ft. 1,204 Basement Unfinished Sq. Ft. 1,204 Basement Finished Sq. Ft. Value Indications: Land $47,500 Cost Approach $172,120 Market Approach $175,000 Income Approach $170,000 Assessor's Value $168,236 CBOE_COMM_010998 Page 2 Subject Photo in rt Sketch by Sex !Edna* ri I Garage 360.00 SF 20' 28' First Floor 1204.00 SF Basement 1204.00 SF • Enclosed Porch 216.00 SF 24' CBOE_COMM_01 C Pag COST APPROACH SUMMARY The Assessor is currently using Marshall and Swift cost tables for the cost approach of commercial properties in Weld County, which has been approved by the Division of Property Taxation to be utilized by Colorado Assessors. The structure has been classified properly utilizing the Marshall and Swift Valuation service and an appropriate value assigned. A land value has likewise been established through the utilization of vacant land sales of comparable properties. Improvement Value $124,620 Land Value $47,500 TOTAL VALUE BY THE COST APPROACH $172,120 CBOE_COMM_010998 Page 4 COST APPROACH LAND VALUE The comparative sales approach is the most reliable method of land valuation. Pursuant to 39-104- (10.2) (c) C. R. S., the Assessor may utilize sales from July 2003 through June 2008 to establish the proper value, if sufficient information is not available in the prior 18 months. Also, comparables outside the subject property area may be used. The Weld County Assessor has an established ongoing sales confirmation and validation program for property transactions used in developing value. The land size of the subject is 9,500 square feet. Comparable commercial land in the subject area is valued at $5.00 per square foot. Comparable 1 Comparable 2 Address Sale Date Sale Price Land Size Per Sq Ft 620 Hemlock Dr 10/13/06 170,000 33,732 5.04 Windsor 4 Street & Main 06/30/04 30,000 6,000 5.00 Windsor ASSESSOR'S SUBJECT LAND VALUE $5.00 X 9,500 SF = $47,500 CBOE_COMM_010998 Page 5 MARKET APPROACH Sales Comparables Market Adjustment Grid Subject Sale Dale 5/31/2001 Sale Price $168,500 TmAdj Sale Price $191,100 Parcel Number Ic.I7-20.1-01-001 Account Number R1432086 Street Address 729 MAN ST BuBdingSF 1,204 0 Lard SF 9,500 Neighborhood 2007 00 Occupancy Single Family Resident Basement, Finishe 300 Basement, Untna 1204 Basement, Walkou 0 Bathrooms 1 Bonus Roam, SF 0 Condition Typical Design Ranch 1 Story Garage, Attached 0 Garage, Basment 0 Garage, Built In 0 Garage, Detached 360 Land Value Adj 0 Other 0 OtherBldgs 0 Quality Fair Year Adjusted 1931 Final Market Value $168,236.00 Final Market Value 1 SF $139.73 Comp Al 4/27/2007 $154,500 $154,500 0807.21-2-01-006 R1513186 212 WALNUT ST 912 7,125 2007 00 Single Family Residential 0 0 1 0 Typical Ranch 1 Story 264 0 0 0 Average 1900 $11,330 $0 $0 $0 $4,656 $16,350 $0 $0 $0 $0 $0 $0 $0 $0 $2,328 $0 $0 $o so $0 $ Ar$ustnent $34,663.92 Gross %Adjushrent 22.44% Net %Adjustment 22.44% Adjusted Sales Price $189,163.92 Adjusted Sales Price / SF $157.11 Comp 32 1/5/2007 $165,900 5165,900 0807.21.2.13.002 R1528186 426 LOCUST ST Comp 13 2/28/2007 $159,000 $159,000 0807-21.2.15-018 R1533186 418 6 ST 978 8,500 2007 00 Single Family Residential 0 0 1 0 Typical Ranch 1 Story 396 0 0 0 Fair 1964 $8,769 $0 $0 $0 $4,656 $16,350 $0 $0 $0 $0 $0 $0 $0 $0 ($873) $0 $0 So $0 SO 1,060 6,000 2007 00 Single Family Residential 1060 1060 0 3 0 Typical Ranch 1 Story 336 0 0 0 Average 1952 $5,587 $0 $0 $0 ($11,795) $1,956 $0 ($6,790) $0 $0 $0 ($8,148) ao $0 $8,730 $0 $0 $o $o $0 $ Adjustment $28,902.12 Gross % Adjustment 18.47% Net %Adjustment 17.42% Adjusted Sales Price $194,802.12 Adjusted Sales Price / SF $161.80 VALUE As INDICATED BY THE MARKET APPROACH 1204 Sq Ft X $145.00 Per Sq Ft = $174,850 Rounded To $175,000 SAjuustment ($10,460.48) Gross % Adjustment 27.05% Net % Adjustment -0.58% Adjusted Sales Price $148,539.52 Adjusted Sales Price / SF $123.37 C BOE_COMM_01C Pay Corn • arable #1 Comparable #2 Comparable #3 CBOE_COMM_01 0' Pagi INCOME APPROACH Office Lease Comparables Address Start Date End date Square Feet Rate NNN #1 1455 Main Street 06/10/05 06/10/05 2,313 $14.60 Windsor #2 1455 Main Street Windsor ? ? 3391 $14.53 CAPITALIZATION RATE After considering the Band of Investment method and the Market Comparison method, it has been determined that the Capitalization rate to be used for a June 30, 2008 appraisal date should be 8.5 percent. The summer 2008 issue of Integra Realty Resources was also consulted. CBOE_COMM_010998 Page 8 INCOME CAPITALIZATION Potential Gross Income (Net SF 1,204 X $14.50 NNN) 17,458 Less 10% Vacancy & Collection Loss - 1,746 Effective Gross Income 15,712 Less 5% Management - 786 Less 3% Reserves - 471 Net Operating Income 14,455 Capitalization Rate 8.5% Income Value 170,059 Rounded To $170,000 CBOE_COMM_070998 Page 9 FINAL RECONCILIATION COST APPROACH MARKET APPROACH INCOME APPROACH $172,120 $175,000 $170,000 ASSESSOR'S VALUE $168,236 CBOE_COMM_010998 Page 10 REAL AND PERSONAL PROPERTY NOTICE OF DETERMINATION Christopher M. Woodruff WELD Assessor 1400 N 17th Ave GREELEY, CO 80631 Date of Notice: 6/24/2009 Telephone: (970) 353-3845 Fax: (970) 304-6433 Office Hours: 8:00 AM - 5:00 PM SCHEDULE/ACCOUNT NO. ' TAX YEAR TAX AREA LEGAL DESCRIPTION/ PHYSICAL LOCATION R1432086 2009 0420 WIN 22920 L16 BLK1 BOWMANS SITUS: 729 MAIN ST WINDSOR 80550 729 MAIN ST WINDSOR, CO 80550 PROPERTY OWNER LEARY WILLIAM W & 729 MAIN ST WINDSOR, CO 80550 PROPERTY CLASSIFICATION ASSESSOR'S VALUATION ACTUAL VALUE PRIOR TO REVIEW ACTUAL VALUE AFTER REVIEW COMMERCIAL 168,236 168,236 TOTAL , -:. $168,236 $168,236 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: Physically inspected subject property on 6-16-09. Found no evidence of residential use. 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. , C-: r CO -D 2009-1786 APPEAL PROCEDURES County Board of Equalization Hearings will be held from July 1 through August 5 at 915 10`" 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 9th 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 § 39-8-108(1.5), �CL.R.S.) $ /6 �i336 14ccept rCm-Etack �'1 1 v fir-sceY 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.) 0 wr c,bio cttiv. 4(J to a. OL'a wt.wtercLa.( d-Ssrc4:Le atn 4r tIA-e 4-+&ttu;.e ?t -d N -r e 1. Wt.,- pre pe,-4cy, cc o( .e�s-rialnfcal S i-uc4u.v'a7 hAs'(; hu..t& A. s a- co in It.,{ r t t .e. Ytr rbt • lie ,sk-(i a 'tc_2e-t,,eci, ,,t, era t)i - ic u-fe& €r D E -c -A e,,, .c r. ATTESTATION I I, the un •nod o ;or agent' of the property identified above, affirm that the statements contain-• here ' en• t a entshereto are true and complete. ��70) 2 -o? —ICS 7 JAY 71. 3,607 Signature •lea . j, l4i21/4i- Telephone Number Date Rant: 1 r c -t v"y L, c'•i-`•E .''Y lAi t LLj A tit t41( L. E- i(4 R-4- 0 f.r%iner r 1 Attach letter of authorization signed by property owner. 15 -OPT -AR PR 207-08/08 NOD N: 1801 j Le tL( p•�' 1 '`N-C'IM�v\:1.G[��K- .�y� _ .t -L lam ce, lZ it LAI e_ h re, d �Ci 1.bLLNErc-3? C tLe. O car ca -SE + FQ•cei 0- Lies `ins ti ln.rrai' �2e AQY c rtIvcterit I fay triad t en -I W(t i kkccesre'cc et ek_,'r-er L' >k,- a vtfeel G-- wL� � � e1c L G2s C,a-+,v1 ?cut -1- t�.1�tweL-( ley "EL e= t--rec'fo -t r p k 'CL . VLr- ve. tAt ? +,1 !1' 53 70 tjas' (-7M1-c eht Aft- EKE sQ cies( . &scQ._Tni t siacruld be- 5413s rjtl, tk w(. a< 9a--ov 5'�', 4e -e . 7-6 pcort'( stern v -d vi'wex Coy, s*�.cEed CsC" 2.4.4 tsi Fx era -( r- AA 4 wttt 4 Lr -t e-' u. -t LV' vtcLrcr Pl.rr) cb & b-eca-≤rerrea. ct�s 6 _ ec.+ zt ea hn i,r1 evt c .- a-( L,U c-- ? r� ttS't ccn� vl� S'�ett6'1-ti- cif CO -5-C 4-- c'E rt (C \A- C42a, e U d t A a-tt L& ,S 40-%-s Lc(L co& t -2s' .A^'e` ci- c f 52)`1v L/ AJ@ a Lc vette the. r ssecre,rr f a,,1 yve f i f' ict- c, q Lu C v J r-cq r cr.& „Ls f`1- <z ce-v\ C t1,1Ece ( dOct r tHt ( c>1,Ltifc / Cc c) --r '35 ; h ( J S'Cc, CO U -h- f t3c, yk,A Neya L/ `rL iZ f GIv«r GCS- O..,&111,Q, &fr �.r-' c water d t) COLORADO July 16, 2009 LEARY WILLIAM W & 729 MAIN ST WINDSOR, CO 80550 Dear Petitioner(s): CLERK TO THE BOARD PHONE (970) 356-4000 EXT 4226 FAX: (970) 352-0242 WEBSITE: www.co.weld.co.us 915 10TH STREET P.O. BOX 758 GREELEY, COLORADO 80632 Parcel No.: 080720101001 Account No.: R1432086 The Weld County Board of Equalization has set a date of July 30, 2009, at or about the hour of 4:00 PM, 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. LEARY WILLIAM W & - R1432086 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 Esther E. Gesick Deputy Clerk to the Board cc: Christopher Woodruff, Assessor OYER LEARY 1232 SAINT JOHN PL FORT COLLINS, CO 80525 Hello