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HomeMy WebLinkAbout20052168.tiff RESOLUTION RE: THE BOARD OF EQUALIZATION, 2005, WELD COUNTY, COLORADO - DENY PETITIONER'S APPEAL AND AFFIRM ASSESSOR'S VALUE PETITION OF: BOAZ PATRICK JAMES &TRUDI ANNETTE 147 EAGLE AVE MEAD, CO 80542 DESCRIPTION OF PROPERTY: ACCOUNT#: R6788597 PARCEL#: 120710201089-MEA FR L89 FEATHER RIDGE ESTATES SITUS: 147 EAGLE AV MEAD 80542 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 year2005,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 $ 48,000 Improvements OR Personal Property 248,605 TOTAL $ 296,605 2005-2168 AS0061 re ` 17S, en/ 4r- e rte' c RE: BOE - BOAZ PATRICK JAMES & TRUDI ANNETTE 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 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. 2005-2168 AS0061 RE: BOE - BOAZ PATRICK JAMES & TRUDI ANNETTE 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 AIL WELD COUNTY, COLORADO µ�.. T. EXCUSED William H. Jer e, Chair :4,96 lerk to the Board � ` !- M. J. 'le, Pro-Tem Deputy Clerk to the Board David . ong APPROVED AS TO FORM: EXCUSED Robz;t Ass' antytorney 4Glenn Vaa < Date of signature: g�3- 2005-2168 AS0061 WELD COUNTY STANLEY F. SESSIONS COUNTY ASSESSOR CHRISTOPHER WOODRUFF, DEPUTY ASSESSOR APPRAISAL REPORT OF RESIDENTIAL IMPROVED PROPERTY FOR County Board of Equalization BOAZ PATRICK JAMES & TRUDI ANNETTE PETITIONER vs. WELD COUNTY ASSESSOR'S OFFICE RESPONDENT Parcel Number: 1207-10-2-01-089 Schedule Number: R6788597 Log Number: 2768 Date: 7/28/05 Time: 11:30 Board: CBOE PREPARED BY APPRAISERS NAME Lori Helbert 7/19/05 Signature Date ASSESSOR'S OFFICE STAFF APPRAISER INDICATED VALUE Improvements 248,605.00 Land 48,000.00 Total: 296,605.00 CBOE_RES_010898 Page 1 GENERAL DESCRIPTION AND MARKET SUMMARY SUBJECT SITE AND IMPROVEMENTS This property is located at 147 EAGLE AV in the city of MEAD. The legal description of the property is MEA FR L89 FEATHER RIDGE ESTATES SITUS: 147 EAGLE AV MEAD 80542. Utilities available to the site are typical for the area. The residence is a Frame Hardboard house constructed in1998. It has 1715 square feet of finished living area. There are 3 bedrooms. The Assessor has classified the structure as a Ranch 1 Story home of Average quality, using Average quality materials. II I ,mow o *3.4FT }�,. 1 ‘,44: �4-C44' £ +.",' ,q- Y' bs .�' m fin, 4.a g ;. uI. i4 icy. 4 #. 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 248,605.00 Land 48,000.00 Total: 296,605.00 CBOE_RES_010898 Page 3 Comparable Number 1 i „ J Comparable Number 2 1 ;W q � ' CBOE_RES_010898 Page 4 Comparable Number 3 'H+44 3t.� � •' f gip 1 Comparable Number 4 t:nr 1 ' tiP Pis ' I CBOE_RES010898 Page 5 Comparable Number 5 i 'ih t t�- # �w �§ * t CBOE_RES_010898 Page 6 MAP MAPeugsT:K; al t so ' oft c RobefiS 5t afrsWay rn 'Howlett PIEl r1 O Hughes Dr in cit m � o (/) Falcon Cu a o Eaive a 34 5 e rn ri �IN 'u v Gte lu at v Co Palmera re AveA r`e g to Martin Ave m Fairborn Ave Dillingham Ave 0D 2005 MapQuest.com, Inc. ®2005 N TEQ CBOE_RES_010898 Page 7 col 0- in CC 0 op fees■ # § asaseaa ; a ; aaag03O a Eea 2 § \" ([ ! , �a 9 za ! § ! ! ■ 8 , 0 / . § . _ . ! }\! § ON-aa BE 03 \ f {\ \o onoI- N - OOO < 0Z 441 . § § § aa ; l ; ; la ; aaa ) | § } ! In 44 §V ; ; . ; ! ! 0 41) Ill C 0 = - 0 2. k ! ( ( § / ■ , ; ! \ 2 \ a _ � a u /)§ ! m D r§ ##& 2238AP m u . ^ ` * � ° ■ � a � � - , � 2- ° a , , O � ! 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If MEA FR L89 FEATHER RIDGE ESTATES GREELEY,CO 80631 00 toSITUS : 147 EAGLE AV MEAD 80542 PHONE(970)353-3845,EXT.3650 agiowww.co.weld.co.us eOWNER: BOAZ PATRICK JAMES & TRUDI ANNETTE COLORADO BOAZ PATRICK JAMES & TRUDI ANNETTE LOG 2768 147 EAGLE AVE PARCEL 120710201089 ACCOUNT R6788597 MEAD, CO 80542 YEAR 2005 r-n 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 dist'ricts)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 296605 296605 TOTALS $ $ 296605 $ 296605 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 06/23/2005 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 I 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. 7/7 / s DAIL PR-207-87/03 Weld County Board of Equalization, I believe the Assessor's valuation of$296,605 for my property at 147 Eagle Ave is unfair and far exceeds the actual June 30, 2004 market value. I also believe this valuation is proportionally much larger than other comparable properties in my neighborhood. The sales information listed below was extracted from the Weld Count Assessor's web site. Based on these actual sales of comparable properties in my Feather Ridge Estates neighborhood during the Appraisal period (18 month period ending June 30, 2004), I believe my property valuation for Tax Year 2005 should be no more than $267,000. Since every neighboorhood is unique and different, sales comparisions to other properties within my neighborhood is the best and most fair comparision method, and the sales information listed below shows that during the Appraisal period, none of the comparible houses sold for more than $267,000. Patrick Bo az,Boaz, 147 Eagle Ave, Mead, CO _11 147 Eagle Ave, Mead, CO (Lot 89)—my house Built As: Ranch 1 Story Year Built: 1998 Exterior: Frame Hardboard HVAC: Central Air to Air Interior Finish: Drywall Built As SQ Ft: 1715 #of Baths: 3 Roof Type: #of Bdrms: 3 Roof Cover: Composition Shingle #of Stories: 1 Rooms: 6 Units: 0 Garage: Attached SQ Ft: 484 Detached SQ Ft: Basement: Total SQ Ft: 1699 Finished SQ Ft: 975 Weld Co. Parcel Valuation: Land Value$48,000 ; lmpr. Value $248,605 ; Total Value$296,605 Comparable Sales during the Appraisal period (18 month period ending June 30, 2004) 135 Eagle Ave (Lot 83) Sale Date Sale Price 5/25/2004 $267,000 Built As: Split Level Year Built: 1997 Exterior: Frame Vinyl HVAC: Central Air to Air Interior Finish: Drywall Built As SQ Ft: 1820 #of Baths: 3 Roof Type: #of Bdrms: 3 Roof Cover Composition Shingle #of Stories: 2 Rooms: 7 Units: 0 Garage: Attached SQ Ft: 800 Detached SQ Ft: Basement: Total SQ Ft: 988 Finished SQ Ft: Weld Co. Parcel Valuation: Land Value $48,000 ; Impr. Value$207,870 ; Total Value $255,870 121 Falcon Circle (Lot 44) Sale Date Sale Price 5/20/2004 $265,000 Built As: Ranch 1 Story Year Built: 1998 Exterior: Frame Hardboard HVAC: Forced Air Interior Finish: Drywall Built As SQ Ft: 1704 #of Baths: 2 Roof Type: #of Bdrms: 3 Roof Cover: Composition Shingle #of Stories: 1 Rooms: 6 Units: 0 Garage: Attached SQ Ft: 824 Detached SQ Ft: Basement: Total SQ Ft: 1690 Finished SQ Ft: Weld Co. Parcel Valuation: Land Value$48,000 ; Impr. Value$206,312 ; Total Value $254,312 115 Falcon Circle (Lot 42) Sale Date Sale Price 3/10/2004 $262,000 Built As: Split Level Year Built: 1998 Exterior: Frame Hardboard HVAC: Central Air to Air Interior Finish: Drywall Built As SQ Ft: 2440 #of Baths: 3 Roof Type: #of Bdrms: 4 Roof Cover Composition Shingle #of Stories: 2 Rooms: 9 Units: 0 Garage:Attached SQ Ft: 880 Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: Weld Co. Parcel Valuation: Land Value$48,000 ; Impr. Value $215,035 ; Total Value$263,035 148 Eagle Ave(Lot 27) Sale Date Sale Price 2/20/2004 $252,500 Built As: Ranch 1 Story Year Built: 1997 Exterior: Frame Hardboard HVAC: Central Air to Air Interior Finish: Drywall Built As SQ Ft: 1413 #of Baths: 3 Roof Type: #of Bdrms: 3 Roof Cover: Composition Shingle #of Stories: 1 Rooms: 6 Units: 0 Garage: Attached SQ Ft: 712 Detached SQ Ft: Basement: Total SQ Ft: 1413 Finished SQ Ft: 637 Weld Co. Parcel Valuation: Land Value$48,000 ; Impr. Value$226,343 ; Total Value$274,343 138 Eagle Ave (Lot 32) Sale Date Sale Price 1/2/2004 $267,000 Built As: Ranch 1 Story Year Built: 1998 Exterior: Frame Hardboard HVAC: Central Air to Air Interior Finish: Drywall Built As SQ Ft: 1437 #of Baths: 4 Roof Type: #of Bdrms: 5 Roof Cover Composition Shingle #of Stories: 1 Rooms: 6 Units: 0 Garage: Attached SQ Ft: 832 Detached SQ Ft: Basement: Total SQ Ft: 1184 Finished SQ Ft: 1184 Weld Co. Parcel Valuation: Land Value$48,000 ; Impr. Value $210,530 ; Total Value$258,530 Others Comparable Sales shortly after the Appraisal period: 209 Eagle Ave (Lot 12) Sale Date Sale Price 8/25/2004 $250,000 Built As: Split Level Year Built: 1996 Exterior: Frame Hardboard HVAC: Forced Air Interior Finish: Drywall Built As SQ Ft: 1666 #of Baths: 3 Roof Type: #of Bdrms: 3 Roof Cover: Composition Shingle #of Stories: 2 Rooms: 7 Units: 0 Garage: Attached SQ Ft: 780 Detached SQ Ft: Basement: Total SQ Ft: 504 Finished SQ Ft: Weld Co. Parcel Valuation: Land Value$48,000 ; Impr. Value$168,578 ; Total Value $216,578 221 Eagle Ave (Lot 6) Sale Date Sale Price 8/6/2004 $262,000 Built As: Ranch 1 Story Year Built: 1996 Exterior: Frame Hardboard HVAC: Forced Air Interior Finish: Drywall Built As SQ Ft: 1677 #of Baths: 3 Roof Type: #of Bdrms: 3 Roof Cover: Composition Shingle #of Stories: 1 Rooms: 5 Units: 0 Garage: Attached SQ Ft: 600 Detached SQ Ft: Basement: Total SQ Ft: 1677 Finished SQ Ft: 1677 Weld Co. Parcel Valuation: Land Value$48,000 ; Impr. Value$235,404 ; Total Value $283,404 ret CLERK TO THE BOARD PHONE (970) 356-4000 EXT 4217 FAX: (970)352-0242 WEBSITE: www.co.weld.co.us 915 10TH STREET WI I P.O. BOX 758 C. GREELEY, COLORADO 80632 COLORADO July 19, 2005 BOAZ PATRICK JAMES & TRUDI ANNETTE 147 EAGLE AVE MEAD CO 80542 Parcel No.: 120710201089 Account No.: R6788597 Dear Petitioner(s): The Weld County Board of Equalization has set a date of July 28,2005,at or about the hour of 11:30 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. • BOAZ PATRICK JAMES & TRUDI ANNETTE - R6788597 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 q/� OF EQUALIZATION // LI Donald D. Warden Clerk to the Board cc: Stanley Sessions, Assessor Hello