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HomeMy WebLinkAbout20022095.tiff RESOLUTION RE: THE BOARD OF EQUALIZATION, 2002, WELD COUNTY, COLORADO - DENY PETITIONER'S APPEAL AND AFFIRM ASSESSOR'S VALUE PETITION OF: DIESCH WILLIAM P & 286 GALLAGHER CT ERIE, CO 80516 DESCRIPTION OF PROPERTY: ACCOUNT #: R7383198 PARCEL#: 146707405013 - ERI 3NR L13 BLK3 NORTHRIDGE SUB FG#3 SITUS: 286 GALLAGHER CT ERIE 80516 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 2002, 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 2002, claiming that the property described in such petition was assessed too high, as more specifically stated in said petition, and WHEREAS, said petitioner being present, 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 $ 110,000 Improvements OR Personal Property 315,862 TOTAL $ 425,862 2002-2095 AS0052 tee. . RE: BOE - DIESCH WILLIAM P & 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), CRS) Appeals to the BAA must be made on forms furnished by the BAA, and 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 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), CRS) 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, CRS) 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. 2002-2095 AS0052 RE: BOE - DIESCH WILLIAM P & 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 OBOE. 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 31st day of July, A.D., 2002. BOARD OF COUNTY COMMISSIONERS W� LDCO COLORADO 'CO kid% MULA Glen iad,—Gnair `v �u vrt rk to the Board `\ 1 Tsai ( �� - O David E. L g, Pro Tem• ,f, fit r� �7rkto the Board � ! 1 M. J. eile APPROVED AS TO FORM: 414 �,,, _4 414.24 •Wiam�H. Jer e Assi nt Couw Attorney Robert D. Mas en Date of signature: f i"542—nc 2002-2095 AS0052 1 NOTICE OF ADJUSTMENT OFFICE OF COUNTY 1!7th A OI 1900 NORTH CO 06 E fiAERI 3NR L13 BLK3 NORTHRIDGE SUB OREERTH I7t 8063 - FG#3 SITUS : 286 GALLAGHER CT ERIE PHONE(970)353-3845,EXT.365' lunge. 80516 COLORADO OWNER: DIESCH WILLIAM P & DIESCH WILLIAM P & LOG 167 286 GALLAGHER CT PARCEL 146707405 ACCOUNT R7383198 ERIE, CO 80516 YEAR 2002 1 t 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) '- ' ' - .,- fl.:::, Residential property - The property is valued by the market aproach 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 as follows: The actual valuation of your property has been adjusted based on new information obtained. This may bein₹ormation you have supplied or additional sales which we have uncovered during the appeals process . PETITIONER'S ASSESSOR'S VALUATION PROPERTY CLASSIFICATION ESTIMATE . - OF VALUE ACTUAL VALUE ACTUAL VALU. PRIOR TO REVIEW AFTER REVIEV I RESIDENTIAL 511949 425862 TOTALS $ $ S3i4aa $ a7cRc' APPEAL DEADLINES:REAL PROPERTY-JULY 15,PERSONAL PROPERTY-JULY 22. H.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)(x),C.R.S. Please see the back of this form for detailed information on filing your appeal. By: Stanley F.Sessions 06/21/2002 WELD COUNTY ASSESSOR DATE 15-DPT-AR Form PR-207-87/99 ADDITIONAL INFORMATION ON REVERSE SIDE YOU HAVE THE RIGHT TO APPEAL THE ASSESSOR'S DECISION • The County Board of Equalization will sit to hear appeals beginning July 1 and continuing through August 5 for re property(land and buildings) and personal property(furnishings,machinery, and equipment) 39-8-104 and 39-8- 107(2), C.R.S. APPEAL PROCEDURES: If you choose to appeal the 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 15 FOR REAL PROPERTY, AND JULY 22 FOR PERSONAL PROPERTY. WELD COUNTY BOARD OF EQUALIZATION 915 10th Street,P.O. Box 758 Greeley, Colorado 80632 Telephone(970)356-4000 Ext. 4225 NOTIFICATION OF HEARING: You will be notified of the time and place set for the hearing of your appeal. COUNTY BOARD OF EQUALIZATION'S DETERMINATION: 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 5. TAXPAYER RIGHTS FOR FURTHER APPEALS: If you are not satisfied with the County Board of 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): Contact the BAA at 1313 Sherman,Room 315,Denver, Colorado 80203, (303)866-5880. An appeal form, rules and guidelines can be obtained on-line at 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, you must file an appeal with the Boai of Assessment Appeals by September 11. _ _ _ _ - ___ __ 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, 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 �� di A/e.l l K jj p G �.j /100S es C L iet zi r v'F_' C Eac1 y 5 c- /cv S� 5 e / l t-crie: 7P ; /o≥ SIUNA I UKt OF Yt 1 I I IONhK UA t a CLERK TO THE BOARD PHONE (970) 356-4000 2 4217 FAX: (303)) 352-0242 WEBSITE: www.co.weld.co.us 915 10TH STREET WI I D P.O. BOX 758 C. GREELEY, COLORADO 80632 COLORADO July 17, 2002 DIESCH WILLIAM P & 286 GALLAGHER CT ERIE CO 80516 Parcel No.: 146707405013 Account No.: R7383198 Dear Petitioner(s): The Weld County Board of Equalization has set a date of July 31, 2002, at or about the hour of 2:00 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, priorto 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 5,2002, and mailed to you on or before August 12, 2002. 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. At least two (2) working days prior to your hearing the Assessor will have available, at your request, the data supporting his valuation of your property. DIESCH WILLIAM P & - R7383198 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 //I LietteDonald D. Warden, Clerk to the Board h BY: Carol A. Harding, Deputy cc: Stanley Sessions, Assessor WELD COUNTY STANLEY F. SESSIONS COUNTY ASSESSOR MICHAEL F. SAMPSON, CHIEF APPRAISER APPRAISAL REPORT OF RESIDENTIAL IMPROVED PROPERTY FOR County Board of Equalization DIESCH WILLIAM P & DIESCH MARILYN PETITIONER VS. WELD COUNTY ASSESSOR'S OFFICE RESPONDENT Parcel Number: 1467-07-4-05-013 Schedule Number: R7383198 Log Number: 167 Date: JULY 31, 2002 Time: 2:00 Board: CBOE PREPARED BY LORI A. HELBERT a . lO ,f-- 7J2 /Oz Signature Date ASSESSOR'S OFFICE STAFF APPRAISER ASSESSOR VALUE $425,862 COOE_RES_010098 Page 1 GENERAL DESCRIPTION AND MARKET SUMMARY SUBJECT SITE AND IMPROVEMENTS This property is located at 286 GALLAGHER CT in the city of ERIE. The legal description of the property is ERI 3NR L13 BLK3 NORTHRIDGE SUB FG#3 SITUS: 286 GALLAGHER CT ERIE 80516E. Utilities available to the site are typical for the area. The residence is a Frame Brick Veneer house constructed in 2000. It has 2407 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. Cf il^ • M h 4'VT. Ped` — ti CBOE_RES_010898 Page 2 MARKET APPROACH SUMMARY Real property for the tax year 2002 must be valued utilizing the level of value for the period of one and one-half years immediately prior to July 1, 2000. A period of five years immediately prior to July 1, 2000 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. INDICATED MARKET VALUE $425,862 CBOE_RES_010898 Page 3 Comparable Number 1 �.. Lt.,- 1430 Fletcher Comparable Number 2 .rt —i rI .ar .a: - 103 Baker Comparable Number 3 7. 22. 2002 265 Gallagher CBOE_RES_010898 Page 4 Comparable Number 4 ddla L 1132 Fletcher CBOE_RES_010698 Page 5 n� '�4A oN It zass• .00 p'� , 1`. tI 0 ..,- . , ♦ ♦tl"rik.. , , iv • E :, x ` `,^ I `1 its Q CL 0 4a 1 \t- y I i 4�` \l)� • o N .i..4. t•1•:,19 \�. N O i d f�M-^-".''_ "1"^"iioo r , s / . 5 - r :.. '. W C-) f �e ;tier r� ^ / " :.• `'.�DOE Q W .'.r.' 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'� ° �i 1 i a +•,may '� r x: b q '+o '`9 • rot tr. .''anr. ^ 1t�n� ng r- s'" 2m Q •.-• •--.z N v� 'a .t S-- 7 ea d L U co p p �\ ° 7 7 d �� un W [--, up .Mir ` \ - Ad y O N $ x N N 0 X V] O W W \ • WELD County ASSESSOR • Comparables Report with Adjustment Grid Subject Comp #1 Comp #2 Comp #3 , SDate/Price 1/09/2001 $430,000 06/05/2000 $517,900 06/26/2000 $478,500 ICI 11/17/1999 $355,000 Parcel# 146707405013 !. 146707402035 146707402044 146707405007 Account# R7383198 R7192798 R7192998 R7382598 Address 286 GALLAGHER 1430 FLETCHER ERIE 103 BAKER ERIE 265 GALLAGHER ERIE CTERIE Nbhd 3011 04 3011 05 $0.00 3011 04 $0.00 3011 04 $0.00 Land SF 0 0 $0.00 0 $0.00 0 $0.00 Occupancy Single Family Residen Single Family Resi $0.00 Single Family Resi $0.00 j Single Family Resi $0.00 Blt As Ranch 1 Story Ranch 1 Story $0.00 Ranch 1 Story $0.00 Ranch 1 Story $0.00 Year Built 2000 1998 $1,000.00 1999 $1,000.00 1999 $1,000.00 Quality Good Very Good $12,035.00) Good $0.00 Good $0.00 Condition Average $0.00 $0.00 $0.00 Class $0.00 $0.00 $0.00 Exterior Frame Brick Veneer Frame Stucco $0.00 Frame Masonry Ve $0.00 Frame Stucco $1,926.00 Bldg SF 2,407 2646 $20.00 2494 $20.00 2550 $20.00 Bsmnt Unfin 2,407 2632 $5.00 2448 $5.00 2536 $5.00 Bsmnt Fin 0 0 $0.00 0 $0.00 0 $0.00 Bsmnt Wlkout 0 -1 $0.00 -1 $0.00 0 $0.00 Garage 784 ! 828 $5.00 762 $5.00 822 $5.00 Rooms -.0 7 - $0.00 7 $0.00 7 $0.00 Bedrooms 3 3 $0.00 3 $0.00 3 $0.00 Bathrooms 3 3 $0.00 3 $0.00 2 $1,500.00 Time 1.00°/I 0.00% 9.00% Other - $27,500.00 $27,500.00 $0.00 Adjustments - . Locates. ',. - $0 $0 $0 Land Silt j . $0 $0 $0 ' Occupancy ' $0 $0 • $0 - Built As $0 $0 $0 Age $2,000 $1,000 $1,000 Quality ' ($12,035) $0 $0 - Exterior/Class !, $0 $0 $1,926 Building Size ($4,780) ($1,740) ($2,860) - Basement ($1,125) ($205) ($645) Garage ($220) $110 i ($190) Rooms ! $0 $0 $0 Bedrooms $0 $0 $0 Bathrooms i $0 $0 !! $1,500 Time $5,179 $0 $31,950 Other $27,500 $27,500 $0 Total Adjustments $16,519.00 $26,665.00 $32,681.00 Adjusted Sales Price $534,419.00 i $505,165.00 $387,681.00 Adjusted Sales$/SF $222.03 I $209.87 $161.06 1 $/SF Market for Subject $187.68 Final Market Value $451,746 WELD County ASSESSOR Corn parables Report with Adjustment Grid Subject Comp #4 Comp #5 Comp #6____ SDate/Price 1/09/2001 $430,000 I. 04/23/1999 $419,000 Parcel# 146707405013 146707406012 Account# R7383198 R7385998 Address 286 GALLAGHER Ali 1132 FLETCHER ERIE CTERIE Nbhd 301104 3011 04 $0.00 $0.00 $0.00 Land SF 0 0 $0.00 0 $0.00 0 $0.00 Occupancy Single Family Residen , Single Family Resi $0.00 $0.00 $0.00 Bit As Ranch 1 Story Ranch 1 Story $0.00 $0.00 $0.00 Year Built 2000 1998 $1,000.00 $0.00 $0.00 Quality Good Good $0.00 $0.00 $0.00 Condition Average $0.00 0 $0.00 0 $0.00 Class $0.00 $0.00 $0.00 Exterior Frame Brick Veneer Frame Siding $1,926.00 $0.00 $0.00 Bldg SF 2,407 2264 $20.00 $0.00 $0.00 Bsmnt Unfin 2,407 2250 $5.00 0 $0.00 i 0 $0.00 Bsmnt Fin 0 1,893 $25.00 0 $0.00 0 $0.00 Bsmnt Wlkout 0 0 $0.00 0 $0.00 0 $0.00 Garage 784 868 $5.00 0 $0.00 0 $0.00 Rooms 0 7 $0.00 $0.00 $0.00 Bedrooms 3 3 $0.00 $0.00 $0.00 Bathrooms 3 �, 5 $1,500.00 $0.00 $0.00 Time . 18.00% 0.00% 0.00% Other 571,500.00) $0.00 $0.00 Adjustments - Locatto`n.- . $0 $0 $0 Land Size • $0 $0 $0 -Occupancy $0 $0 $0 . Built As $0 $0 $0 'Age I, $2,000 Quality $0 $0 $0 Exterior/Class $1,926 $0 $0 Building Size $2,860 Basement ($46,540) Garage ($420) j $0 $0 Rooms $0 Bedrooms $0 Bathrooms i ($3,000) Time $75,420 $0 $0 Other ($71,500) $0 $0 Total Adjustments ($39,254.00) $0.00 $0.00 Adjusted Sales Price $379,746.00 Adjusted Sales$/SF $157.77 $/SF Market for Subject $187.68 Final Market Value $451,746 Hello