HomeMy WebLinkAbout20052173.tiff RESOLUTION
RE: THE BOARD OF EQUALIZATION, 2005, WELD COUNTY, COLORADO - DENY
PETITIONER'S APPEAL AND AFFIRM ASSESSOR'S VALUE
PETITION OF:
SILVERMAN FREDRICK L &
2010 46 AVE #F2
GREELEY, CO 80634
DESCRIPTION OF PROPERTY: ACCOUNT#: R0082690 PARCEL#: 095914214016 -GR
2VAF-F2 LOT F-2 VILLAGE AT FOXHILL TOWNHOMES 2ND FILING%2010 46 AVE#F2%SITUS:
2010 46 AV F2 GREELEY 00000
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 2005, 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 2005,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 $ 47,310
Improvements OR
Personal Property 186,643
TOTAL $ 233,953
2005-2173
AS0061
(0 • AS, Ct A, Pt- r og oa-05—
RE: BOE - SILVERMAN FREDRICK L &
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.
2005-2173
AS0061
RE: BOE - SILVERMAN FREDRICK L &
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 29th day of July, A.D., 2005.
I\\ IEL,a BOARD OF COUNTY COMMISSIONERS
I 0rt• WELD COUNTY, COLORADO
Isar ftti ' .=4 EXCUSED
'''R_ ��1 William H. J , Chair
lerk to the Board
, M. eile, Pro-Tem
BY:
Deputy Clerk to the Board
David E. Long
APPROVED AS TO FORM:
EXCUSED
A01Robert D. Masden
Ass' ant Coy Attorney
Glenn Vaad c----
Date of signature: e/�"
2005-2173
AS0061
WELD COUNTY
STANLEY F. SESSIONS COUNTY ASSESSOR
CHRISTOPHER WOODRUFF, DEPUTY ASSESSOR
APPRAISAL REPORT
OF
RESIDENTIAL IMPROVED PROPERTY
FOR
County Board of Equalization
SILVERMAN FREDRICK L &
SILVERMAN BARBARA ZARIN
PETITIONER
VS.
WELD COUNTY ASSESSOR'S OFFICE
RESPONDENT
Parcel Number: 0959-14-2-14-016
Schedule Number: R0082690
Log Number: 3404
Date: 07/29/05
Time: 9:00
Board: C.B.O.E.
PREPARED BY
APPRAISERS NAME
Mark Lusby 07/18/05
Signature Date
ASSESSOR'S OFFICE STAFF APPRAISER
INDICATED VALUE
Improvements 186,643.00
Land 47,310.00
Total: 233,953.00
CBOE_RES_010898
Page 1
GENERAL DESCRIPTION AND MARKET SUMMARY
SUBJECT SITE AND IMPROVEMENTS
This property is located at 2010 46 AV F2 in the city of GREELEY. The legal description of
the property is GR 2VAF-F2 LOT F-2 VILLAGE AT FOXHILL TOWNHOMES 2ND FILING
%2010 46 AVE #F2% SITUS: 2010 46 AV F2 GREELEY 00000. Utilities available to the site
are typical for the area. The residence is a Frame Siding house constructed in1991. It has
1576 square feet of finished living area. There are 3 bedrooms. The Assessor has classified
the structure as a Townhouse One Story home of Average quality, using Average quality
materials.
,t4
+x {�
N. w t -:0:.,,-`
+^ r i. 1 , !S �• � � ^^Y V dµ r
, •,
04
____:__ . . ,
, . ,
,,
•. .,. 44.,. .: b....a
. it..N
ViesiF-
'
w 5•'�Y1F�' b:wr•r '.y[ 'lC fi x�c j n *r' ��,,, y '+_
y
CBOE_RES_010898
Page 2
MARKET APPROACH SUMMARY
Real property for the tax year 2005 must be valued utilizing the level of value for the period of
one and one-half years immediately prior to July 1, 2004. A period of five years immediately
prior to July 1, 2004 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 VALUE
Improvements 186,643.00
Land 47,310.00
Total: 233,953.00
CBOE_RES 010898
Page 3
Comparable Number 1
;1
ti 1 ,4:
Comparable Number 2
a .
4�k rt r w aPf4
1 •
q- g :
C -•a a , Al,
CBOE_RES010898
Page 4
Comparable Number 3
at ,
Comparable Number 4
rid-s _ -
Iry ti Y-
Le.
CBOE_RES010898
Page 5
Comparable Number 5
o
•
SSW ,
,eca
� :
zt lyY Oil
CBOE RES_010898
Page 6
Map
mshPsvis , Q �300m
gn a.
s T a 9 5� 9001t
s 4 Ili , W p`°"°�f n D m VI \gt W 16th St In
Q g m
Alms
c „imuy W 16th St Rd
CollogaGrottily
W 18th St a
a he/ I-.
Almgalvd Comp 1 g W 19th St 4St s
a " a
Comp 5 W 201tt St 13-
: [> > a •� W 20th St Rd w
Q g Si SRC
Comp 2 \ '+-------Comp 4 $` c
Comp 3,, p�6 O
Highland W 21st St Rd Z h ep
� S- •
Ins A �G 9). `Ike
Muni Park g ,g�5 0 5
a q'u`a
°°� h4 v 2 grey
Course } n ci W 23rd Sl s ' West
3` 7 51 c 3 cn Park
IP 'Ra r ~ 3 A o
- W 2/titl St n a
a
W 23rd St Dr y n
C 2005 Mspouest,com, Inc. o O2005 NAVTEQ
CBOE_RES_010898
Page 7
10 0
g CO
COI Q-
UA
10 CO
lass« $ » ■ « aa ; aaf ±§ § @2
`w a / '7
):
IA
u.
co >
* _ . 2 ! - «
al
ac | �f) ;
7) $/) } gK7o 'n.' N , { § +/ t \7
"° N /a{ ! aa \ asaaar \Kka ;
73 N
§ ® ; /�
�
,
10 , 49
\ k N ! 1 ` ( (
CO ILI 7 ■ : , � § ® § a | _ a ! /\2 To §
2 k( k\( § K §kKk § § p, / ; 0 < . \kk \)
.4". 2 § a■a/ ! aa # ; ; ; ; at7f & 4 !
CO
k . ` g 01
D �
-I g
$ J k ! \ §
! !) ! w,
; a0g8 ? ) a ! , ! !130
2 On aaoQN 7§ k § § , ) ! , { § ol a@flZ
pi 0
CD 01 V
§ # 01 r
en
el
\ § } ° a ] _ 0
a .
#§ ! a2 } : «/& } § BCO / e , 000 <
_ . � � ! P f , � l . , \
• , � ) ! ` -
� ' , — t | : g ! _ | |
° LL�, k \kkf2 Of
eneE - ) \
\ \ /� ) | | \ ! am ! | ; � J � Jle )- it CZ
9 m
o 0
m o
9I CI
w
rc
w'
2
0
e o
r0 43 O 'caw0 ww (9 (9a 00, 0W om
'C N O co K on V M Q ,t
` w w » a
ca r c-
a cn
N
N
191
69
/yam a
LL ra s 0 0
O J o > Eva` a`
�0 up
(0 2.
G E
V/ 01 N O 0 0 Q tria' To
(n
CO
W�/� �f, CL O 0 0 1- N m 0 0 TO 00 Y e .41 N
Q0 aloW OE N No0o v � o toga) V T- O 0 W O 45 ".2..n.2.
OO) f9 K0 N r e N F r M F a O < r !9 (9Z Q Q
000000 a 00000 0 000 000 '")
M 69 W a F- o a a V 19 19 f9 {9 69 19 O V < O w
V) I'L (7) CO a V V CO tO
�/� 1 03
C FYI/ a a aa 111
-t
W -
3 M <
01
0 3 a N
O w
Cl o. CO
W E t 0
Etaa
u
0 5 < l�q_ E u v
.w 0 0 N Q qq� (� (!1
CD^ 000 � aLL 0 0 0.C 173 CA Ne Q N N
RI 0 - 00 ,0 ° - ,D .,00 E ;,--;
C') C') 0 0 faD COa a- CD
0 m q= O J J
RJ J
CO OO W490 O: Nr MNH r M H I� 0 Q W (9Z Q Q
O N
0 a
M
f0 v) a
m w
4o < M
co
V $a N
co o O LL 0 O 0 K
0 r N C U
O0 . toa N 0ta0 a M .O. N 0 O)
@I t2 o O) 0 0 I0 O) co 0 � H a > m LL
—.ell; 690 K Nr NNFr M 0 0 0 0 (/J
7 0
CO C V V 0 0
0N G 0 J J
N n 9 V C C C 0 U V m m
0 CL E 13
LL 0 0 ii. D m 0 0 Q 0 > >
0 0 m J Z q�q a £ u c c E c rd m m o > ≥ y
W C 0 Z -E Q OILL 0 0 0 00 4 0 0 0 0 0 V 0 0
O a $$ yo - c (02 aE E o mQ, mrn > ? Q 2
o ro 0 U 5 a0) 8 m m m co 0 0 0 0 m = 0
m (01- 0- < mjz0m m m O O O O 0 ! o r LL U-
0,o
o d
o co
m
w 0.
w
S
U
N
I os
h
b
d
3 ;ti^
o d
F k,
ava
d
a
NOTICE OF DENIAL OFFICE OF COUNTY ASSESSOR
1400 NORTH 17th AVE.
GR 2VAF-F2 LOT F-2 VILLAGE AT GREELEY,CO 80631
IWW`'ll FOXHILL TOWNHOMES' 2ND FILING %2010 PHONE(970)353-3845,EXT.3650
46 AVE #F2% SITUS : 2010 46 AV F2 www.co.weld.co.us
GREELEY 00000
WI '
C OWNER: SILVERMAN FREDRICK L &
COLORADO •
SILVERMAN FREDRICK L & LOG 3404
2010 46 AVE #F2 PARCEL 095914214016
ACCOUNT R0082690
GREELEY, CO 80634 YEAR 2005
The appraised value of property is based on the appropriate consideration of the approaches to value required by law. The Assessor hA determined that
your property should be included in the following category(ies):
Residential property - The property is valued by the market
approach to value.
t..a
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
2003/2004 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
PRIOR TO REVIEW AFTER REVIEW
RESIDENTIAL 233953 233953
•
TOTALS $ $ 233953 233953
APPEAL DEADLINES: REAL PROPERTY-JULY 15,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-
I 06(1)(a),C.R.S. Please see the back of this form for detailed information on filing your appeal.
By: StanleyF. Sessions 06/24/2005
WELD COUNTY ASSESSOR DATE
ADDITIONAL INFORMATION ON REVERSE SIDE
PR-207-87/03
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 real
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 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
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.
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
Board of Assessment Appeals by September 12.
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. 1 1S `21-A-c1 ,.3G cnR-a v 2 f 419h1 c s 4 C
Au e�1! ae -CA¢-4-aJ IS 7
2. °ILL CO v,.,p cc. a 6 le r kat St1 ti Gf fd 2 f f�'L
V ct et,.a.1 ,
Cal h- 7/19/2-c 7/l/2co5
DAZE l
PR-20747/03
2010 46th Ave F-2
Greeley, CO 80634
July 14, 2005
WELD COUNTY BOARD OF EQUALIZATION
915 10th St., P. O. Box 758
Greeley, CO 80632
Dear WCBE Members,
I am appealing the assessment of my property by Mr. Stanley F. Sessions,
Weld County Assessor. I have attached my letter to the Weld County
Assessor's Office, dated June 1, 2005. My petition for revaluation was
denied, and a copy of that note is also enclosed.
My thinking is that my wife's and my property at the above address is more
accurately valued at $218, 619.00, which would represent a 7 percent
increase over the 2003 valuation. I understand that 7 percent was the
average valuation increase of 2005 property values over those of 2003.
The assessor's valuation represents about a 15 percent increase.
I will present examples of comparable or better properties than our house,
each of which is valued less than the valuation of our house.
I know the intention of the Weld County Assessor and his personnel is fair
valuation, and that goal is also my goal, and I know it is the goal of the
WCBE.
I look forward to hearing from you or from the Weld County Assessor's
Office in the near future.
Sincerely,
'' I]
Fredrick L. "Rick" Silverman
attachments
2010 46th Ave F-2
Greeley, CO 80634
June 1, 2005
Weld County Assessor
1400 N. 17th Ave.
Greeley, CO 80631
Via email: appeals@co.weld.co.us
Dear Weld County Assessor:
The Assessor's valuation of my property is probably wrong, primarily due to
application of wrong percentage increase to the previous value of our
townhouse.
The 2003 valuation was 204317, which was about 7 percent above the 2001
valuation.
The 2005 valuation of 233953 is about 15 percent above the 2003 valuation.
My wife and I would like to keep within the 7 percent range of increase. At
that percentage increase, the 2005 valuation would be 218619.
Really, all we want is fair, equitable treatment, and I am confident that's
what the Assessor wants, too. I look forward to our resolving this
disagreement. We would accept without appeal a valuation of about
218619.
We did not appeal back in 2003 because the valuation increase was about 7
percent, which, in fact, seemed quite fair to us. Back in 2001, we did appeal
when the percentage increase seemed unfair, and you agreed with us at that
time, after further review.
Thanks for your further review at this time.
Sincerely,
Fredr%ck L. Silverman/
CLERK TO THE BOARD
PHONE (970)356-4000 EXT 4217
FAX: (970)352-0242
WEBSITE: www.co.weld.co.us
915 10TH STREET
WID P.O. BOX 758
C. GREELEY, COLORADO 80632
•
COLORADO
July 20, 2005
SILVERMAN FREDRICK L &
2010 46 AVE #F2
GREELEY CO 80634
Parcel No.: 095914214016 Account No.: R0082690
Dear Petitioner(s):
The Weld County Board of Equalization has set a date of July 29,2005,at or about the hour of 9:30
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 5, 2005, and
mailed to you on or before August 12, 2005.
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 request
it directly from the Assessor's Office by fax (970) 304-6433, or by calling (970)353-3845. Upon
receipt of your 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.
SILVERMAN FREDRICK L & - R0082690
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
A/
Donald D. Warden
Clerk to the Board
cc: Stanley Sessions, Assessor
Hello