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Home My WebLink About20052165.tiff RESOLUTION RE: THE BOARD OF EQUALIZATION, 2005, WELD COUNTY, COLORADO - DENY PETITIONER'S APPEAL AND AFFIRM ASSESSOR'S VALUE PETITION OF: CUNNINGHAM DAVID J TRUST & 4316 W 14TH ST RD GREELEY, CO 80634 DESCRIPTION OF PROPERTY: ACCOUNT#: R0121190 PARCEL#: 095911214026-GR RCC-TB-7 L7&8 REPLAT COUNTRY CLUB ESTATES PUD TRACT B AMENDED SITUS:4316 W 14 STRD GREELEY 80634 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 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 year2005,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 $ 71,500 Improvements OR Personal Property 210,141 TOTAL $ 281,641 2005-2165 NI; As CA� P�'J AS0061 RE: BOE - CUNNINGHAM DAVID J TRUST & 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. 2005-2165 AS0061 RE: BCE - CUNNINGHAM DAVID J TRUST & 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 28th day of July, A.D., 2005. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ��• . ST: u4% G�,�� EXCUSED t\' ]EL2% William H. J e, Chair ,fs ;'a' • qty Clerk to the Board tit t 's�n — ,•CQ(L2 ? � M. eile, Pr -Tem �� A'=.• ' Clerk to the Board ®U N David E. Long ��• ��' OVED AS TO FORM: EXCUSED k n ( Attorney Robly,>D. Masi C n Assi nt Co Attorn y Pt/ zedel,f,ty Glenn Vaad _ Date of signature: 5/O 2005-2165 AS0061 WELD COUNTY STANLEY F. SESSIONS COUNTY ASSESSOR CHRISTOPHER WOODRUFF, DEPUTY ASSESSOR APPRAISAL REPORT OF RESIDENTIAL IMPROVED PROPERTY FOR County Board of Equalization CUNNINGHAM DAVID J TRUST & CUNNINGHAM GLADYS E TRUST PETITIONER vs. WELD COUNTY ASSESSOR'S OFFICE RESPONDENT Parcel Number: 0959-11-2-14-026 Schedule Number: R0121190 Log Number: 1462 Date: 07/28/05 Time: 10:30 Board: C.B.O.E. PREPARED BY APPRAISERS NAME Mark Lusby 07/12/05 Signature Date ASSESSOR'S OFFICE STAFF APPRAISER INDICATED VALUE Improvements 210,141.00 Land 71,500.00 Total: 281,641.00 CBOE_RES_010898 Page 1 GENERAL DESCRIPTION AND MARKET SUMMARY SUBJECT SITE AND IMPROVEMENTS This property is located at 4316 W 14 STRD in the city of GREELEY. The legal description of the property is GR RCC-TB-7 L7 & 8 REPLAT COUNTRY CLUB ESTATES PUD TRACT B AMENDED SITUS: 4316 W 14 STRD GREELEY 80634. Utilities available to the site are typical for the area. The residence is a Frame Siding house constructed in1990. It has 2586 square feet of finished living area. There are 3 bedrooms. The Assessor has classified the structure as a 2 Story home of Average quality, using Average quality materials. • j I �� ,'i 1 alt �j 1 11;4" i11 3. I ' - 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(1 1)(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 210,141 .00 Land 71 ,500.00 Total: 281,641.00 CBOE_RES_010898 Page 3 Comparable Number 1 • Comparable Number 2 { } CBOE_RES 010898 Page 4 Comparable Number 3 ;fir Comparable Number 4 ,: ,Ya, )14 (9 ' 411 En: CBOE RES010898 Page 5 Map MAP [ST; RR i v 10th It 'J On W901 St Dr BR _ _- 11-* ._ > 341. d 37th Ave Ct t w11tSt _W10thStR �5,9`e W721hSt all F # f m t 42n_ W 12th St Dr `i K Greeley w W 13111 St e a Sitterneeet Country `° Club m Comp 3 Park Comp 1 a t With StRtl W lath St 0t 7C +m st 4„ 15th St W 16th St RI 4 W1 a w W14thStil a w 15th St Ln v h 0 Comp 4 5t m� W Pioneer Lai y m Comp 2 y c≥ a' fb c 0 as c a ^t AHns 4 m p Q' CoNego-Gre Communi�e t W 16th St Rd m o Y n = W 18th St it/ is Homestead Rd Q ®2005 MapQuest,com, Inc. W 19th Sr es ©2005 Nl4VTEQ CBOE_RES_010898 Page 6 ° ° O O O O N 0) 0 0 0 0 0 N 0 0 0 0 0 0 0 0 0 0 0 b 0 ff3 fR M (0 V 0 69 Vi 69 M CO Hi 69 Vi V3 M 69 69 N 0) O r GI0 W R !. 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U a)I= C co o co C C N (0 (0 ,_ N a L L taco N (0 m m E to o ' 3 t0 CD U (0 10 CO 10 0 o a) CO CO CI tD m 3 0- C C w y H a ¢ inlm _I Z O m m m m m U a O W O O 0 0 O > T. it •L O w c u2m E LL .10 O N Co .—'13 W Q co w < L o y O O O O O to O O O O O N O 0 0 0 0 0 0 0 - O N 8 t0 N iA f9 fA O N O () fA f9 f9 NO M f9 F9 M a a a a 01 (7 ra •IS 69 M69 ta 479 CO br, M r- M W OO TN We N coR ' O L LL N J Q Ul a c o awi W m F- d E d a` a 0 o Q m w E w w o E C a w N N N E CD E ¢ J co y N 6 co o r r 3 O LL m y e Q N N U N in -- N N D N N m O N M f N a T m co 0 > m a ,- N -o Cn I U a ark to O CC r N m N fn an O N O F- N to O O O Q r eA 0 Z Q Q C O O m a (0 0 N CC N CO - V fn T N E69 V N T O N m o a a. _p 0 d 0 0 0 m c) n - ON r m m CD ^ 7 V O F- N V0 O O O O O Q rCO • t9 to co K V N r N fn J OW N L co O LL a C w _oz _ an U L w w N L w U `D O O U Q a E c d E J �' LL O T IL w EO 0 N J N y u' h N O m N J Z �itn f c c E o Q m m O o -o o N Z LL O N N U It O a CO w t. 0 n. � , ¢i c o -0 a E E E o w ' oo o, of ca m D Q m 2 i co w ¢ 0 o 0'a s m J N N G1 ,- J a _ co co N to a o w (0 o U `1 C U w w w C C w C t L N N C ° m E tc v CO a) U CV N N co o 0 o m w m m w o w mmF- LLQymJz Om m m m 000 0 C7 0 0 J O o 0 )- it it Overall Total Adjusted Value: $/SF Adjusted Value: CBOE_RES_010898 Page 9 NOTICE OF ADJUSTMENT OFFICE OF COUNTY ASSESSOR 1400 NORTH 17th AVE. tiligi4 \.s GR RCC-TB-7 L7 & 8 REPEAT COUNTRY GREELEY,CO 80631 CLUB ESTATES PUD TRACT B AMENDED PHONE(970)353-3845,EXT.3650 SITUS : 4316 W 14 STRD GREELEY 80634 www.co.we&d.co.us OWNER: CUNNINGHAM DAVID J TRUST & COLORADO CUNNINGHAM DAVID J TRUST & LOG 1462 4316 W 14TH ST RD PARCEL 095911214026 ACCOUNT R0121190 GREELEY, CO 80634 YEAR _2005: I - The appraised value of property is based on the appropriate consideration of the approaches to value required by law. The Assessor hasiletermined that your property should be included in the following category(ics): - 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, 2003 to June 30, 2004 . PETITIONER'S ASSESSOR'S VALUATION PROPERTY CLASSIFICATION ESTIMATE • OF VALUE ACTUAL VALUE ACTUAL VALUE PRIOR TO REVIEW AFTER REVIEW RESIDENTIAL 286070 281641 TOTALS $ $ 286070 S281641 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- 106(1)(a),C.R.S. Please see the back of this form for detailed information on filing your appeal. By: Stanley F. Sessions 06/27/2005 WELD COUNTY ASSESSOR DATE ADDITIONAL INFORMATION ON REVERSE SIDE Kt-207-87/U3 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. S2az DAIt PR-207-87/03 Weld County Board of Equalization 915 10th Street, P.O. Box 758 Greeley, Colorado 80632 July 6, 2005 Re: Petition to the County Board of Equalization Log 1462 Parcel 095911214026 Acct. R0121190 Year 2005 Dear Members, The purpose of this cover letter and other documents is to point out what appear to be discrepancies in the determination of land values for our property compared to those of neighboring properties. 1. An underlying factor seems to be the assessing of our site, parcel # 095911214026 as 2 units instead of one unit. This unit is 12073 square feet and is too small to be divided into 2 units; 6200 square feet is the minimum size allowed for residential building on the 4300 block of West 14th St. Rd. At the time of acquiring the land in 1989 it was made clear to us, by the builder Dennis Gibson and the real estate agent Gene Obert, that only one house could be legally built on this site. 2. The discrepancy in the valuation of our unit, parcel# 095911214026, compared to neighboring units on 14th Street Road and on 43`° Ave. is further indicated by the assessed Actual Valuations compared to the site sizes as illustrated by the following: please see attached sheet. Sincerely, David 1, ( nni ng Gladys E. Cu ng End. Notice of Adjustment Property Profile Land Details Comparison of Site valuations 9siget-/ I */1-7°41. /a, 0 is # 7162,c eColcv,c9 vp/ 4/7-4,1/41. /o, 73c 5.�, t>DZ? 7 3:67o o o >L3 if & / '7 J/fi d fl g3;:c a - /7/ /7 (7 5�e 5S Doe /"'L i/3.3/ // /1/Ad 7gIS .5 : 0d ,,,?oo-3 G�, 43AF /th1 /fJ g77i 5SoaE7 /3/0 //i //AJ 2 / 31/ -6-�, o°v /PO/ Cll. / ,� 7o.ST Me?./,Msi 3‘/ 5a 3/`7 -,1-. )(.62$ .58,' 3;S- / io -3je 1-1-D/ 3:5:Soo /Y-174 /8, A7Lo7 54 3# % � /171-5g' y9itio //, 967 5Q'9AL-sr- /Po //, 94) S,5'oo 41,"1-0thipi 7577/c1-71744-- �0 Identify Results Page 1 of 2 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R0121190 Parcel#: 095911214026 Tax Area: 0600 Bordering County: Acres:0.2772 Township Range Section Quart.,,See Subdivison Name Block# Lot# 05 -66 - 11 - 2 COUNTRY CLUB ESTATES PUD AMD CORR PLAT- - 7 Owners Name&Address: Property Address: CUNNINGHAM DAVID J TRUST& Street:4316 W 14 STRD GREELEY 4316 W 14TH ST RD City: GREELEY GREELEY,CO 80634 Business/Complex: Meg Summary Sa.Le Date Salg Price Deed Type Reception# $0 Legal Description GR RCC-TB-7 L7&8 REPLAT COUNTRY CLUB ESTATES PUD TRACT B AMENDED SITUS: 4316 W 14 STRD GREELEY 80634 Land Valuation Summary Land Type Abst Code Unit of Number of Actual Value Assessed Measure Units Value Residential 1112 Site Land Subtotal: $71,500 $5,690 Buildings Valuation Summary Bldg# Property Type Actual Value Assessed Value 1 Residential Improvements Subtotal: $210,141 $16,730 Total Property Value $281,641 $22,420 Building Details Account#: R0121190 Parcel#: 095911214026 Owners Name&Address: Property Address: CUNNINGHAM DAVID J TRUST& Street:4316 W 14 STRD GREELEY 4316 W 14TH ST RD City: GREELEY GREELEY, CO 80634 Building* Property Type 1 Residential Individual Built As Detail Built As: 2 Story Year Built: 1990 Exterior: Frame Siding HVAC: Hot Water Baseboard http://maps.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin-O959112... 7/6/2005 Identify Results Page 2 of 2 Interior Finish: Drywall Built As SQ Ft: 2586 #of Baths: 4 Roof Type: * of Bdrms: 3 Roof Cover: Wood Shake *of Stories: 2 Rooms: 6 Units: 0 Garage: Attached SQ Ft: 455 Detached SQ Ft: Basement: " Oil, Total SQ Ft: 1705 Finished SQ Ft 967 Identify Results Page 1 of 1 Land Details Account#: R0121190 Parcel#: 095911214026 Owners Name&Address: Property Address: CUNNINGHAM DAVID I TRUST 8r. Street:4316 W 14 STRD GREELEY 4316 W 14TH ST RD City: GREELEY GREELEY, CO 80634 Land Type Abst Code Unit of Measure #of Units Residential 1112 Site 2 Acres Square Ft. Frontage Ft. 0.2772 12073 0 http://maps.merrick.com/Website/W eld/setSgl.asp?cmd=QUERY&DET=Land&pin=09591... 7/6/2005 40Sti0 CLERK TO THE BOARD PHONE (970) 356-4000 EXT 4217 FAX: (970) 352-0242 WEBSITE: www.co.weld.coeld.co.us 915 10TH STREET I P.O. BOX 758 CGREELEY, COLORADO 80632 O COLORADO July 19, 2005 CUNNINGHAM DAVID J TRUST & 4316 W 14TH ST RD GREELEY CO 80634 Parcel No.: 095911214026 Account No.: R0121190 Dear Petitioner(s): The Weld County Board of Equalization has set a date of July 28,2005,at or about the hour of 10:30 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. CUNNINGHAM DAVID J TRUST & - R0121190 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 L4'44 Donald D. Warden Clerk to the Board cc: Stanley Sessions, Assessor Hello