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Home My WebLink About20072200.tiff RESOLUTION RE: THE BOARD OF EQUALIZATION, 2007, WELD COUNTY, COLORADO - DENY PETITIONER'S APPEAL AND AFFIRM ASSESSOR'S VALUE PETITION OF: CARLSON LEONARD W & JOAN D 200 BIRCH AVE DACONO, CO 80514 DESCRIPTION OF PROPERTY: ACCOUNT#: R7503198 PARCEL#: 146906221 01 3-DAC L6 BLK32 SITUS: 200 BIRCH AV DACONO 0 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 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 County Assessor by law. The assessment and valuation of the Weld County Assessor shall be, and hereby is, affirmed as follows: ACTUAL VALUE AS DETERMINED BY ASSESSOR Land $ 31,000 Improvements OR Personal Property 119,214 TOTAL $ 150,214 2007-2200 LPL'.-,i5 04 40" AS0067 8/6/a 007 RE: BOE - CARLSON LEONARD W & JOAN D 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 Courtof 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 fora 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. 2007-2200 AS0067 RE: BOE - CARLSON LEONARD W & JOAN D 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 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. The above and foregoing Resolution was,on motion duly made and seconded, adopted by the following vote on the 1st day of August, A.D., 2007. BOARD OF COUNTY COMMISSIONERS WEL OU Y, RADO ei1 ATTEST: �Un,_1�� " �` OpL� " „`y"`7 David E. Long, Chair Weld County Clerk t.; :{4%a. •1 BY: William H -Tem Deputy Clerk t. a Will' F. G rcia APPROVED AS TO FORM: Robert D. Masden d i gZ4c a.ce i J Ass taut aunty Attorne Douglas R demacher Date of signature: 99,W0I 2007-2200 AS0067 WELD COUNTY CHRISTOPHER WOODRUFF COUNTY ASSESSOR BRENDA DONES, DEPUTY ASSESSOR VALUATION REPORT OF RESIDENTIAL IMPROVED PROPERTY FOR County Board of Equalization CARLSON LEONARD W & JOAN D PETITIONER VS. WELD COUNTY ASSESSOR'S OFFICE RESPONDENT Parcel Number: 1469-06-2-21-013 Schedule Number: R7503198 Log Number: 433 Date: 08/01/2007 Time: 3:30pm Board: CBOE PREPARED BY DUANE M ROBSON Signature Date ASSESSOR'S OFFICE STAFF APPRAISER ASSESSOR'S VALUE Improvements 119,214.00 Land 31,000.00 Total: 150,214.00 CBOE_RES_010898 Page 1 GENERAL DESCRIPTION AND MARKET SUMMARY SUBJECT SITE AND IMPROVEMENTS This property is located at 200 BIRCH AV in the city of DACONO. The legal description of the property is DAC L6 BLK32 SITUS: 200 BIRCH AV DACONO 0. Utilities available to the site are typical for the area. The residence is a Frame Siding house constructed in1997. It has 1780 square feet of finished living area. There are 3 bedrooms. The Assessor has classified the structure as a Modular home of Fair quality, using Fair quality materials. 'mar, �s • 411 la • ' 07/ 12/2007 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 119,214.00 Land 31,000.00 Total: 150,214.00 CBOE_RES_0 10898 Page 3 Comparable Number 1 r . _ - • _ a . . J. - • ' � F • • Comparable Number 2 ,, ....„ ._ �„ttt- 4� '1 ?‘!•'1'' r <'',f S.. ys j 'r^ s�' F s _C`MI'Ls�+�it: 4. r.r�°. . �� _ �•. ,Y'ri- _..._ J •� J. IFAIElti ILI ...„ , . ,1 ,..g.,. -‘ ‘ -."., . I imilimisimaimir......wwwineliminimiiiiiiiii,,i__•_ .,,--' -:..--..7...5" ..."4--"•'.'-':..,--7..I.:•7'.''-'7,=-',.. CBOE_RES 010898 Page 4 Comparable Number 3 J . ".I r t-. . ' 'F' • 1J, o - - _ ,fie ,t' a '• - .a y., tot >. 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NOTICE OF ADJUSTMENT OFFICE OF COUNTY ASSESSOR 1400 NORTH 17th AVE. DAC L6 BLK32 SITUS : 200 BIRCH AV GREEL4Y,CO 80631 DACONO 0 PHONE(970)353-3845,EXT.3650 www.ca.weld.co.us hiD OWNER: CARLSON LEONARD W & JOAN D COLORADO CARLSON LEONARD W & JOAN D LOG 433 200 BIRCH AVE PARCEL 146906221013 ACCOUNT R7503198 DACONO, CO 80514 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: The actual valuation of your property has been adjusted based on new information obtained. This may be information you have supplied, corrections of characteristics or additional sales which we have uncovered during the appeals process . This value reflects the market price paid during the base period of January 1, 2005 to June 30, 2006 . During the base period of January 1, 2005 to June 30, 2006 all market sales, including foreclosure resales were considered in determining your property value . Any sale or foreclosure resale after July 1, 2006 will be considered for the 2009 appraisal period. This is in compliance with Colorado law. PETITIONER'S ASSESSOR'S VALUATION PROPERTY CLASSIFICATION ESTIMATE OF VALUE ACTUAL VALUE ACTUAL VALUE PRIOR TO REVIEW AFTER REVIEW RgS I DEN1 IAtC 176116 150214 ;-.LH en O X 7 0. W o _J Vcrr: CI Ica ' TOTALS $ $ 176116 $150214 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(1)(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°6/22/2007 By: Christopher M.Woodruff WELD COUNTY ASSESSOR DATE ADDITIONAL INFORMATION ON REVERSE SIDE NOD 207 fit 87107 i 4 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 choose to appea_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 be note ie' o t e time and place set for the hearing of your appeal. V 6£ s•4; 4:4 . e �","•: i'If i ..,;f `b°iFI .4 '14 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. ' '1 't6!'yytE L I;4 14ti I you are not satis ied wit 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. 6€1----/-14k1-0< s h VVVck � Cf '-� \ DATE '�—G 7 NOD 207 62 87/07 July 9, 2007 Weld County Board of Equalization 915 10th St., P.O. Box 758 Greeley, CO 80632 I herewith appeal the Weld County Assessors decision on my property located at 200 Birch Ave., Dacono, CO. 80514. The current total assessed valuation is 141000; for year 2008 the valuation went to 176116, which I protested, and the actual value after review is now 150214. I requested and received from the Assessors office the comparables used to value my property. Below is that information Sq.Ft. Total Value Details 1102 MacDonald St. 1386 111932 Frame; HVAC; Forced Air; Drywall; 2Baths; 3 Bedrooms 1213 MacDee Ct. 1380 119293 Frame; HVAC, Central Air to Air; Drywall; 2 Baths; 3 Bedrooms 1206 MacDonald Ct. 1522 121876 Frame;HVAC; Forced Air; Drywall; 2 Baths; 3 Bedrooms 227 2"d St. 1384 147577 Frame; HVA; Central Air to Air; Drywall; 2 Baths; 3 bedrooms 720 Garage 200 Birch Ave. 1780 150214 Frame, HVAC; Central Air to Air; Drywall; 2 Baths; 2 Bedrooms 528 Garage The largest difference in house square footage is 400 my (200 Birch Ave.) property vs. 1213 MacDee Ct. but the glaring difference in valuation between my property and MacDee Ct. (400 sq ft.)is 30,921 and MacDonald St. (394 sq.ft.)is 38,282. Where is the parity between my 200 Birch Ave., property and any of the comparable properties. Now lets look at the differences in valuation between my 200 Birch Ave, property and MacDonald Ct. (396 sq.ft.) is 28,338 and 227 2nd St. (396 sq,ft) is 2,637 with a garage that is 192 sq.ft. larger than mine. My recommendation: Leave my valuation as it exists today at 141000 or a more lower equitable valuation based upon the characteristics of the comparable properties which are all lower than mine. Sincerely, /, )J� Aj t . Leonard W. & Joan D. Carlson 200 Birch Ave., Dacono, CO. 80514 303-833-5483 (H) 303-833-2317 x126 (O) 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 P.O. BOX 758 C. GREELEY, COLORADO 80632 COLORADO July 25, 2007 CARLSON LEONARD W& JOAN D 200 BIRCH AVE DACONO CO 80514 Parcel No.: 146906221013 Account No.: R7503198 Dear Petitioner(s): The Weld County Board of Equalization has set a date of August 1, 2007, at or about the hour of 3:30 PM,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. CARLSON LEONARD W& JOAN D - R7503198 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 M1id4 Donald D. Warden Clerk to the Board cc: Christopher Woodruff, Assessor Hello