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Home My WebLink About20072278.tiff RESOLUTION RE: THE BOARD OF EQUALIZATION, 2007, WELD COUNTY, COLORADO - DENY PETITIONER'S APPEAL AND AFFIRM ASSESSOR'S VALUE PETITION OF: LINDAMOOD PAULA J 3095 S BUTTERCUP CIR FREDERICK, CO 80516-9459 DESCRIPTION OF PROPERTY: ACCOUNT#: R8775500 PARCEL#: 131327001016-FRE 1 CMF L16 COUNTRY MEADOWS FARM FG#1 SITUS:3095 S BUTTERCUP CIR FREDERICK 805300000 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 bythe County Assessor for the year 2007, 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 2007,claiming that the property described in such petition was assessed too high, as more specifically stated in said petition, and WHEREAS, said petitioner not being present or represented, and WHEREAS,the Board has made its findings on the evidence,testimony and remonstrances and is now fully informed. NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County,acting as the Weld County Board of Equalization,that the evidence presented at the hearing clearly supported the value placed upon the Petitioner's property,after review by the Weld County Assessor. Such evidence indicated the value was reasonable,equitable,and derived according to the methodologies,percentages,figures and formulas dictated to the Weld CountyAssessor bylaw. The assessment and valuation of the Weld County Assessor shall be, and hereby is, affirmed as follows: ACTUAL VALUE AS DETERMINED BY ASSESSOR Land $ 140,000 Improvements OR Personal Property 437,273 TOTAL $ 577,273 2007-2278 ec ; As e et- AS t2 xOO7 RE: BOE - LINDAMOOD PAULA J PAGE 2 BE IT FURTHER RESOLVED that 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. 2007-2278 AS0067 RE: BOE - LINDAMOOD PAULA J PAGE 3 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 also has the power to administer oaths, and all questions of law and fact shall be determined by him. The arbitration hearing maybe 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. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 3rd day of August, A.D., 2007. BOARD OF COUNTY COMMISSIONERS G �_�,Q WELD COUNTY, COLORADO "ATTEST: fu1 � 'r/Y EXCUSED David E. Long, Chair F \ t I Clerk to the Board William j Pro-Tem 1161 l =n�=r„� r pu .�� k to the Board 1 ? William F. Garcia S TO FORM: EXCUSED • Robert D. Masden Assi nt Co ty Attorney �p eglas �demacher 4 aj_ Date of signature: FM 7 2007-2278 AS0067 WELD COUNTY CHRISTOPHER WOODRUFF COUNTY ASSESSOR BRENDA DONES, DEPUTY ASSESSOR VALUATION REPORT OF RESIDENTIAL IMPROVED PROPERTY FOR County Board of Equalization LINDAMOOD PAULA J PETITIONER VS. WELD COUNTY ASSESSOR'S OFFICE RESPONDENT Parcel Number: 1313-27-0-01-016 Schedule Number: R8775500 Log Number: 2701 Date: 8/03/2007 Time: 9:20am Board: CBOE PREPARED BY DUANE M ROBSON Signature Date ASSESSOR'S OFFICE STAFF APPRAISER ASSESSOR'S VALUE Improvements 437,273.00 Land 140,000.00 Total: 577,273.00 CBOE_RES 010898 Page 1 GENERAL DESCRIPTION AND MARKET SUMMARY SUBJECT SITE AND IMPROVEMENTS This property is located at 3095 S BUTTERCUP CIR in the city of FREDERICK. The legal description of the property is FRE 1CMF L16 COUNTRY MEADOWS FARM FG #1 SITUS: 3095 S BUTTERCUP CIR FREDERICK 805300000. Utilities available to the site are typical for the area. The residence is a Frame Hardboard house constructed in2002. It has 2592 square feet of finished living area. There are 3 bedrooms. The Assessor has classified the structure as a Ranch 1 Story home of Good quality, using Good quality materials. _. --40111" -- II ' -7 1 • 1 . QUO:: CBOE_RES_010898 Page 2 MARKET APPROACH SUMMARY Real property for the tax year 2007 must be valued utilizing the level of value for the period of one and one-half years immediately prior to July 1, 2006. A period of five years immediately prior to July 1, 2006 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 Improvements 437,273.00 Land 140,000.00 Total: 577,273.00 CBOE_RES_010898 Page 3 Comparable Number 1 ti c. 1. 30. 2004 Comparable Number 2 --f z r -- Comparable Number 3 ■a ii CBOE_RES_010898 Page 4 Weld Cininty, Colorado Country Meadows Farm tare..iec1lm,n, !arias l I l I r I Legend Comps 2,3 located 1.5 miles - , ,,N,d C ly Row ahoy - - north in the Rinn Valley Subdivision. liglor.„r (See map on page 6) Roads ParaelAcres Parcel WIL0F,LOWER CIR Hydra �auT,TERCUP CIR BUTTERCUP OR. Comp N1 - Subject Vacant Land Sale Vacant Land Sale 3116/06 3116/06 $130,000 $130,000 0 250 500 ft. Scam:1:4239 Map center.1J'C. 2:9 r�, 101°59'15.3 'io s map I:a user pereraxa:tat:man'tram r ale et maaarg i1e me's Yr pereral reterme arty.Oaf corers Mat appear Cr tnb mro may et ma1 not oe acm.ratr,csrent.a• cd ervrse ralal%e.THIS VIAP S HOT TO SE USED FOR IiAVGATIOh Or(leeiteX `1 rrca1':snww CBOE_RES_010898 Page 5 Rinn Valley Subdivision (1.5 miles north of County Meadows Farm) Kj Waif County, Colorado Weld County- Internet Mapping fa re.nec Man•in„An•Ecaurn } 3 i I — I CR 20:5 CR 20.5 1 r z.,,,,c/e6 - .1_ i Corny#2 r Legend t NLd C ly A.x.,,,ary R03[16 ParcelA6rH Parcel Mrdm O WILLOW-RD___g / _ L)Jjp#39ftii l - RIN`N vALLEY OR_a 23 Et a p ORED.HAWK.LN� IA0 I 6.oOVE CT r------) Subject located 44. 1.5 miles south y V -.( i Li J'. CR-20 to a 0 35L MOIL / Smear 1:CA5C Iliiiel Nap center 40'8'6.9-N.104.59'35.4-W .0" TM nap s suferpeaerfees Mile annul Siam we Most mspep fie and s sroens+l Icavexab.Dae 4rt;pea an fhb a•b men may enry ....not be �cunenf,or (Y Rt'.i I)COX airrefc reerra*.nt�ienP r riot ro ae [tort wunAwTwa. ..._ ..Y•....,. CB0 E_RES_01 0898 Page 6 f§ O 0 Aaasa # aaaaa2aaaaasa # a | § # f a § ` � kn a o E � 29 © 28 : 0 0@6 kre / � � �k8 / &4 ` genf / ) r § , � ! ! flIs s % _ =., � nw, � eaN0n0 . .C9 ZQ V G &aaa / aas araaR /288 # 7 [ § ! § a M (: m ) 2 ! § 0 0 o ) Et - EE m ! ° ! v 0 Ili k § § ; / § § ; \ _ ! ae 2 § tj ! §ik§ [ 2}\§(Oa6amaF ) § ! mao06 a $ $\ 2 7;;a$ \ al ; aal ; ; jj ; aaj \f ( k ■ § ■ - a & na MN - 0 0M _ - q E | ® § § } ! r ! ) § aa \ ■ � \ k/$k ) .eo ., . 03o 2 ! [ |§§§ §5(§ \§ § o . o / | § '- ao6Ka6 77 Q. (0 0 (§ r& § N. • { - t aa§ § 2§}§ o, N000 92 - 0 - 000 ' 00 ) § - 3 ; i ! a ! • $ � !l )� | Ek `Ell ki k ] ! 2 | | ) $ nil a , . m n5/| | | | Akl8 | 8 ! k ! ) \7 k§ NOTICE OF DENIAL OFFICE OF COUNTY ASSESSOR 1400 NORTH 17th AVE. G 1CMF S : COUNTRY 95S MEADOWS FARM GREE845,E so631 50 FG D#1E SITUS : 3095 S BUTTERCUP CIR PHONE(970)353-3845,EXT.3650 FREDERICK 805300000 www.co.weld.co.us WI ' C OWNER: LINDAMOOD PAULA J COLORADO LINDAMOOD PAULA J LOG 2701 3095 S BUTTERCUP CIR PARCEL 131327001016 ACCOUNT R8775500 FREDERICK, CO 80516-9459 YEAR 2007 The appraised value of property is based on the appropriate consideration of the approaches to value required by law. The Assessor has determined that your property should be included in the following category(ies): Residential property - The property is valued by the market approach to value . If your concern is the amount of your property tax,local taxing authorities(county,city,fire protection,and other special districts)hold budget hearings in the fall. Please refer to your tax bill or ask your Assessor for a listing of these districts,and plan to attend these budget hearings. The Assessor has carefully studied all available information,giving particular attention to the specifics included on your protest,and has determined the valuation(s)assigned to your property. The reasons for this determination of value are: Your property has been uniformly valued following Colorado law and instructions published by the State Division of Property Taxation. Your protest of value has been denied due to comparison of other similar properties which sold during the 2005/2006 time period. This comparison shows your actual property value to be correct for that period. PETITIONER'S ASSESSOR'S VALUATION PROPERTY CLASSIFICATION ESTIMATE - OF VALUE ACTUAL VALUE ACTUAL VALUE tS LL! � PRIOR TO REVIEW AFTER REVIEW LU NDop DEN IAR 577273 577273 Ltj o- LSSG. V c Ciit TOTALS $ $ 577273 $ 577273 APPEAL DEADLINES: REAL PROPERTY-JULY 16,PERSONAL PROPERTY-JULY 20. 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(I)(a),C.R.S. TO PRESERVE YOUR APPEAL RIGHTS,YOU MAY BE REQUIRED TO PROVE THAT YOU FILED A TIMELY APPEAL; THEREFORE,WE RECOMMEND ALL CORRESPONDENCE BE MAILED WITH PROOF OF MAILING. 06/27/2007 By: Christopher M.Woodruff WELD COUNTY ASSESSOR DATE ADDITIONAL INFORMATION ON REVERSE SIDE NOD 20]62 87/07 YOU HAVE THE RIGHT TO APPEAL THE ASSESSOR' S DECISION The County Board of Equalization will sit to hear appeals beginning July 2 and continuing through August 3 for real property(land and buildings) and personal property(furnishings, machinery, and equipment). § 39-8-104 and § 39- 8-107(2), C.R.S. I you c oose to appeal t e Assessor' s decision, mail or deliver one copy of this completed form to the County Board of Equalization. To preserve your right to appeal, your appeal must be POSTMARKED OR DELIVERED ON OR BEFORE JULY 16 FOR REAL PROPERTY, AND JULY 20 FOR PERSONAL PROPERTY. WELD COUNTY BOARD OF EQUALIZATION 915 10th Street, P.O. Box 758 Greeley, Colorado 80632 Telephone (970) 356-4000 Ext. 4225 You wi se non ie. o e time and place set for the hearing of your appeal. The County Board of Equalization must make a decision on your appeal and mail you a determination within five business days of that decision. The County Board must conclude its hearings and render decisions by August 3. I you are not sans led with the County Board o Equalization' s decision you must file within thirty days of the County Board of Equalization' s written decision with ONE of the following: Board of Assessment Appeals (BAA): 1313 Sherman Street, Room 315 Denver, Colorado 80203 Telephone (303) 866-5880 www.dola.colorado.gov/baa District Court: 9th Avenue and 9th Street, P.O. Box C Greeley, Colorado 80632 Telephone (970) 356-4000, Ext. 4520 Arbitration: WELD COUNTY BOARD OF EQUALIZATION 915 10th Street, P.O. Box 758 Greeley, Colorado 80632 Telephone (970) 356-4000, Ext. 4225 If you do not receive a determination from the County Board of Equalization, contact the county board. If the county board is not going to mail a decision, you must file an appeal with the Board of Assessment Appeals by September 10th. TO PRESERVE YOUR APPEAL RIGHTS, YOU MUST PROVE YOU HAVE FILED A TIMELY APPEAL; THEREFORE, WE RECOMMEND ALL CORRESPONDENCE BE MAILED WITH PROOF OF MAILING. PETITION TO THE COUNTY BOARD OF EQUALIZATION In the space below, please explain why you disagree with the Assessor' s valuation. IN ACCORDANCE WITH § 39-8-106(1.5), C.R.S., IF YOUR APPEAL INVOLVES REAL PROPERTY, YOU MUST STATE YOUR OPINION OF VALUE IN TERMS OF A SPECIFIC DOLLAR AMOUNT. Attach additional documents as necessary. Atito E/ (Let SIGNAIUREU Yh"IIIION6 7// ‘ /� DAIt NOD 207 62 87/07 • PAULA J. LINDAMOOD 3095 S. Buttercup Circle Frederick, CO 80516-9459 July 16, 2007 WELD COUNTY BOARD OF EQUALIZATION 915 10`h Street P. O. Box 758 Greeley, CO 80632 Re: Protest for 2007 Notice of Valuation —3095 S. Buttercup Circle Parcel No.: 131327001016 — Lot 16, Country Meadows Farm Filing No. 1 Dear Board of Equalization: I worked on the development of this subdivision and am very familiar with the site characteristics of each lot and the homes built upon each lot. The subject property should not be valued higher than newer homes with more square footage built on superior lots. I am protesting the 2007 tax valuation for the above noted parcel for the following reasons: 1) The increase of$150,905 represents an increase of over 35% that is not reasonable for market conditions in the valuation period and today. Homes in this neighborhood have been sitting on the market for 12-36 months before they are sold, mostly at huge discounts. 2) Enclosed is a map entitled "Wildflower" that represents the 25 parcels in Country Meadows Farm Filing No. 1 along with a map entitled "Index Plan" for the future Wildflower subdivision. I have researched all of the parcels in Country Meadows Farm individually and the land value on all exterior parcels (Lots 1-16) is $140.000 each. The land value on all interior parcels (Lots 17-25) is $112,000. The perimeter parcels along North Buttercup Circle (Lots 1-8) back to the Lower Boulder Ditch and open space, all have garden basements which adds additional property value, and all have unobstructed views of Longs Peak and the front range mountains. In my opinion these parcels should have the highest land value. The interior parcels all back to other one acre lots with custom homes, all have unobstructed views of Longs Peak from their backyards, and Lots 21-25 have garden level basements. 'these interior parcels should not be valued $28,000 lower than the subject parcel. The perimeter parcels along South Buttercup Circle (Lots 13-16) have regular basements. no view of Longs Peak and very limited mountain views, and will back to future production homes on smaller sized lots. Additionally, the subject parcel has views of 2 existing oil and gas wells, and is adjacent to a future major intersection within the commmIIit). In my opinion, these parcels should have the lowest land value. Also for consideration, the subject parcel is one acre with a 15' high pressure gas easement along its entire eastern boundary that makes for very limited use. Other parcels in the community range from 1.17 acres to 1.76 acres and should have higher land values. Valuing all parcels with equal land values without considering individual lot characteristics is not equitable. 3) Attached is a spreadsheet of comparable properties within Country Meadows Farm Filing No. 1 and the Rinn Valley community that is located approximately I mile north with their current assessed values. Land for the one acre sites in Kinn Valley is valued at $90,000 each while the subject parcel is valued at $140,000. Land sale prices within Country Meadows Farm ranged from $92,000 to $118,000 without water. Price per square foot of the subject is $222 while others in the community and Rinn Valley have been assessed from $133 to $187 for an average of$182 in Country Meadows Farm and an average of$153 in Rinn Valley. Additionally, 2 properties in Country Meadows Farm similar to the subject property sold just outside the sale data period for $500,000 and $495,000. Based on the above information, I respectfully request that you consider the information enclosed and re-evaluate your assessed value of the subject parcel. I believe larger homes with garden level basements with unobstructed mountain views on superior home sites should not he valued lower than the subject property. I believe an adjusted value of $510,000, to include the land value adjustment from $140,000 to $112,000, is proven fair and reasonable for the subject property based upon actual Assessor data for other homes within the community. If you have any questions or would like to discuss this matter, I can be reached at 303- 877-9020. Sincerely, /LvvA-K Jn tt!Ate✓ r„C Paula J. Lindamood 3095 S. Buttercup Circle Frederick, CO 80516 Parcel No. 131327001016 Enclosures J m m I_I gII (9 a) w m I len E m o c I I N -. U N N I III a) w O Y p c O L I 6 a) o. rn N I-0 CI m a) N _ a)' IT w o M ... li U3 c cu) o m O I_o U l.L .0. O I W O w0J � a) 1a _imE aNZ' cE C O a O C fl �Ii a) O J L N r j ., t I O 'I a) a) a) o CO O O T co O E r z 0 3 c E 3 ai g o o E w w a)'ILL m m m LL E O_ c w O U L = N O)- E w O N co I'SI '2 I c c c d O o' E D Q a), Ica m w; 0 U o o)� w1 C C Ic 'CO C.) O. ?Id om � r Eocc ,.,.-1 E w ct U EO m O O U o O C E m L J C I0) N m u n o E i ) 2 - o $ 3 0 .o `m d �' co 0 = (Bacot lal I can E .cp Q u c0) a a a CD d j C r (MO a CD Q c(0 en r 0)) Q O N (0 N- O Cr LL N r- 00 CO co V CO coc-7'..., '. 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AREA(Ja.61 AC) 'r § COUR MY NEACIOWS f0.1NG NO. I --(32.97 AC) Kit0 CLERK TO THE BOARD PHONE (970) 356-4000 EXT 4226 FAX: (970) 352-0242 WEBSITE: www.co.weld.co.us.co.us 915 10TH STREET D I P.O. BOX 758 GREELEY, COLORADO 80632 C. CAM:2DO LINDAMOOD PAULA J 3095 S BUTTERCUP CIR FREDERICK CO 80516-9459 Parcel No.: 131327001016 Account No.: R8775500 Dear Petitioner(s): The Weld County Board of Equalization has set a date of August 3, 2007, at or about the hour of 9:20 AM,to hold a hearing on your valuation for assessment. This hearing will be held at the Weld County Department of Planning Services, Conference Room, 918 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 3, 2007, and mailed to you on or before August 10, 2007. 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. 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. LINDAMOOD PAULA J - R8775500 Page 2 Very truly yours, BOARD OF EQUALIZATION AtMidnel,k‘ Donald D. Warden Clerk to the Board cc: Christopher Woodruff, Assessor Hello