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HomeMy WebLinkAbout20032136.tiff RESOLUTION RE: THE BOARD OF EQUALIZATION, 2003, WELD COUNTY, COLORADO - DENY PETITIONER'S APPEAL AND AFFIRM ASSESSOR'S VALUE PETITION OF: PAINTER HENRY H & SYLVIA S PO BOX 452 GILCREST, CO 80623 DESCRIPTION OF PROPERTY: ACCOUNT#: R0057788 PARCEL #: 105728106007 - GIL 16746-A L22-23-24 BLK11 EXC S50' W120' L22-23-24 SITUS: 1004 BIRCH ST GILCREST 80623 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 2003, 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 2003, 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 $ 33,075 Improvements OR Personal Property 131,855 TOTAL $ 164,930 2003-2136 AS0055 /(7: tqS; l'4, /F7- RE: BOE - PAINTER HENRY H & SYLVIA S 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 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), 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. 2003-2136 AS0055 RE: BOE - PAINTER HENRY H & SYLVIA S 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., 2003. B RD OF COUNTY COMMISSIONERS r► W CO NTY, C LORADO r41; � " fait David E. Long, Chair . lerk to the Board EXCUSED aika �� / , / r Robert D. Masd , Pro-Tem y Cle k o the Board . J. e APPROVED AS TO FORM: / ( William H. Jerk 4Jotn44rner JAkaL Glenn Vaad Date of signature: `y/1/ 2003-2136 AS0055 NOTICE OF ADJUSTMENT OFFICE OF COUNTY ASSESSOR 1400 NORTH 17th AVE. GIL 16746-A L22-23-24 BLK11 0EXC 04 GRE-3845,mcE3650 �� S50 ' W120 ' L22-23 24 SITUS : 1004 FxoNE(97o)353ELEYFCO80631 BIRCH ST GILCREST 80623 h iD COLORADO 50 OWNER: PAINTER HENRY H & SYLVIA S PAINTER HENRY H & SYLVIA S LOG r l 161-5 PO BOX 452 ACCOUNT R0Q5,777886007 GILCREST, CO 80623 YEAR 200,,% 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 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: Based on a study of comparable properties that sold from 1/1/01 to 6/30/02 we have adjusted your property to the level of value as shown below. PETITIONER'S ASSESSOR'S VALUATION PROPERTY CLASSIFICATION ESTIMATE OF VALUE ACTUAL VALUE ACTUAL VALUE PRIOR TO REVIEW AFTER REVIEW RESIDENTIAL /302 oDZ' 184140 164930 TOTALS $ $ 184140 $ 164930 APPEAL DEADLINES: REAL PROPERTY-JULY 15,PERSONAL PROPERTY-JULY 21. 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 06/26/2003 WELD COUNTY ASSESSOR DATE 15-DPT-AR Form PR-207-87/03 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 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 21 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 EOUALIZATION'S DETERMINATION: The County Board of Equalization must make a decision on your appeal and mail you a determination within live business days of that decision. The County Board must conclude its 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 Ass szmeni 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(1.5), C.R.S., IF YOU APPEAL INVOLVES REAL PROPERTY, YOU MUST STATE YOUR OPINION OF VALUE IN TERMS OF A SPECIFIC DOLLAR AMOUNT. Attach additional documents as necessary. Plea 5e provide me with 0elate-au For a h earinj, 'r have.. ScarcAed the. dafabaSe- OP all 6;I crest ( of/oi/:Roo/ o6/3O/?OO2 . 7hiete were- a5. Oh very new homes (2o01) sold for -V19ures evert app o Jrnatjn jv5 Value assigned to ours which was bunt in 1463, = vc Ye a l st Dr GoVnps used to d• e-et/mine our v�alua ion . Cert&illy Ho 6;le-rest hone Sales wen- used.-ro arrive a the- de the- termrh af;on. 6 %P/3%3 SIONAIU PETITIONE L^L� DAIL. Parcel No: 096106208005 Account No. R2912386 Henry and Sylvia Painter Property Address: 222 214 Avenue, Greeley, Colorado We have used the Assessor's Office list of sale of homes for the period from January 2001 to June 2002. We found few comps in the immediate neighborhood of this property that were relatively useful. We found three that were the most similar in these respects: I. They were in the immediate neighborhood-- east of 23r°Avenue, north of 5th Street and south of 2°d Street, which defines an area of homes of similar structure and value. 2. As is the case with the above-cited property,these three comps do not have basements, do have single-car garages, and have similar square footage. All three of the comps are considerably newer. The above property was built in 1962. The houses we found for comps were built in 1986, 1979, and 1980. The valuation placed on the Painter property has been set at $115,500 owner Parcel Property TASP Date Garage Base- Res. sf. Address built sf. ment Painter 096106208005 222 21"Avenue 1962 312 0 1110 comp 096106218001 200 21"Ave.Pl. 112,200 1986 350 0 1025 comp 096106219006 305 21'Ave. Pl. 106,300 1979 288 0 864 comp 096106218020 308 214 Ave. Ct. 108,900 1980 312 0 1204 There were a few other sales listed that might have been used by the assessor's office to arrive at the valuation set, but if those homes were west of 23`°Ave, or north of 24d Street,they could not be very accurately compared to the Painter property. The above homes are newer, are otherwise comparable, and have lower TASP's that the valuation on the Painter property. In view of the above comparisons, we request that the valuation of this property be placed at $109,000. ry ~J 4. EXHIBIT NOTICE OF DENIAL OFFICE OF COUNTY ASSESSOR 1400 NORTH 17th AVE. GR BS1-5 L5BLK1 AVLGN SUB%222 21ST 222GREELEY,CO80631 PHONE(970) AVE% 222 21 AV GREELEY 00000 353-3845,EXT.3650 OWNER: PAINTER HENRY & COLORADO PAINTER HENRY & LOG 1639 P O BOX 452 PARCEL 096106208005 .6 ACCOUNT 238 GILCREST, CO 80623 YEAR 2003 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 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: 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 2001/2002 time eriod. 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 9 00 0 115500 115500 • TOTALS $ $ 115500 $ 115500 • APPEAL DEADLINES: REAL PROPERTY-JULY 15,PERSONAL PROPERTY—JULY 21. 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 06/26/2003 WELD COUNTY ASSESSOR DATE 15-DPT-AR Form PR-207-87,W ADDITIONAL INFORMATION ON REVERSE SIDE • 4 __. : ,_.___�_ _.__� __ _ ___ . ._-.____ _ of ' I � _ . .. ..._.._ .- _ L. ._. . ..._ _ , .. . i id any Soobl r , 60 1-7 /-21 6e.o / °off(rti QQ5 e/l45 !r 1 ,' 177 - '► a (> Z 6 ovf ,co/ ov5 r/o/ q 'nd Loo hlI 'ol o 0.....,.�,. o rS6/ oos �o/ oos s� .� �9 Flo/h/ obfbo --- 8 �L i hoEr o i 'I r5 6561 0o (6//. 9�b '6o/ s 4s o+9 L oosohi 96560 S 5 r .....�. r - •77 7^b,/ L oo 9 fior/ o r/E 0861 006 '80/ cooSa/ 71s/r orv8/r,o/96o *Id 24V zoo 2 4 28 O As 6‘61 ooh' X10/ 000(66 -151r 1 006/r90 6 I cos O avr�r// ooh !60/ id 7/Vto F°Qgiz oI 6 /707 S. eo/ 5E• �Ig6/ vor S �,in,n b H.'"? r Sll4- 11°5 c; ipp� ' 1.77,)0) pc/07 .C7.4 ?SP9 7}•pCt 1 I - Identify Results Page 1 of 1 • Parcel Valuation Account#: R2912386 Parcel#: 096106208005 Owners Name &Address: Property Address: PAINTER HENRY & Street: 222 21 AV GREELEY P O BOX 452 City: GREELEY GILCREST, CO 80623 Business/Complex: Leaal Description GR 651-5 L5BLK1 BUCKLEN SUB%222 21ST AVE% 222 21 AV GREELEY 00000 Land Value $24,750 Land Assessed Value $1,970 Impr. Value $90,750 Imor. Assessed Value $7,220 Total Value $115,500 Total Assessed Value $9,190 Total Taxes: $811.60 Amount Due: $0.00 Tax Area: Bordering County: Township Ranae Section Ouart. Sec. Subdivison Name Block# Lot# 05 - 65 - 06 - 2 BUCKLEN - 1 - 5 Land Subtotal: • Sale Price Sale Date Deed Type Reception # $117,000 9/20/2002 WD 2990208 http://maps.merick.com/Website/Weld/setSgl.asp?cmd=QUERY&... 7/21/2003 11:03 AM ' Identify Results Page 1 of 1 Parcel Valuation Account*: R2935586 Parcel#: 096106218001 Owners Name &Address; Property Address: TELK GAIL Street: 200 21 AVPL GREELEY . 200 21 AVE PL City: GREELEY GREELEY, CO 80631 Business/Complex: Legal Description GR CS1-1 Ll BLK1 COY'S SUB NORTH %200 21 AV PL% SITUS: 200 21 AVPL GREELEY 00000 Land Value $21,280 Land Assessed Value $1,690 Imor. Value $78.681 Imor. Assessed Value $6,260 Total Value $99,961 Total Assessed Value $7,950 Total Taxes: $751.36 Amount Due: $0.00 Tax Area: Bordering County: Township Ranae Section Ouart. Sec. Subdivison Name Block# Lot# 05 - 65 - 06 - 2 COYSNORTH - 1 - 1 Land Subtotal: • Sale Price Sale Date Deed Tyne Reception # $109,900 2/21/2002 WD 2927392 http://maps.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&... 7/21/2003 11:10 AM Identify Results Page 1 of 1 Parcel Valuation Account#: R2937486 Parcel#: 096106218020 Owners Name &Address: prooertv Address: SANCHEZ JOHN P Street: 308 21 AVCT GREELEY 308 21 AVE CT City: GREELEY GREELEY, CO 80634 Business/Complex: Legal Description GR CS1-20 L20 BLK1 COY'S NORTH SITUS: 308 21 AVCT GREELEY 80634 Land Value $21,280 Land Assessed Value $1,690 Imor. Value $89,761 Imor. Assessed Value $7,140 Total Value $111,041 Total Assessed Value $8,830 Total Taxes: $838.56 Amount Due: $0.00 Tax Area: Bordering County: Township Range Section Ouart. Sec. Subdivison Name Block# Lot# 05 - 65 - 06 - 2 COYSNORTH - 1 - 20 Land Subtotal: • Sale Price Sale Date peed Type Reception # $105,000 11/29/2001 WD 2904945 http://maps.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=Parcel&pin=096... 7/21/2003 10:57 AM ' Identify Results Page 1 of 1 • Parcel Valuation Account#: R2939086 Parcel#: 096106219006 Owners Name &Address: Property Address: REYES JESUS Street: 305 21 AVPL GREELEY 305 21 AVE PL City: GREELEY GREELEY, CO 80631 Business/Complex: Legal Description GR CS2-6 L6 BLK2 COY'S SUB NORTH 305 21 AVPL GREELEY 80634 Land Value $21,280 Land Assessed Value $1,690 Imor. Value $69,649 Imor. Assessed Value $5,540 Total Value $90,929 Total Assessed Value $7,230 Total Taxes: $660.60 Amount Due: $0.00 Tax Area: Bordering County: • Township Range Section Ouart. Sec. Subdivison Name Block# Lot# 05 - 65 - 06 - 2 COYSNORTH - 2 - 6 Land Subtotal: • Sale Price Sale Date Deed Tvoe Reception # $103,800 4/21/2003 WD 3054929 http://maps.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&_. 7/21/2003 10:51 AM Sri CLERK TO THE BOARD PHONE (970)356-4000 EXT 4217 FAX: (303)35252-0242 WEBSITE: www.co.weld.co.us ' 915 10TH STREET P.O. BOX-758 O GREELEY, COLORADO 80632 COLORADO July 16, 2003 PAINTER HENRY H & SYLVIA S PO BOX 452 GILCREST CO 80623 Parcel No.: 105728106007 Account No.: R0057788 Dear Petitioner(s): The Weld County Board of Equalization has set a date of July 28,2003,at or about the hour of 1:30 PM, to hold a hearing on your valuation for assessment. This hearing will be held at the Weld County Department of Public Health and Environment,Room 210, 1555 North 17th Avenue, 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 5,2003,and mailed to you on or before August 12, 2003. 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. PAINTER HENRY H & SYLVIA S - R0057788 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 Carol A. Harding Deputy Clerk to the Board cc: Stanley Sessions, Assessor Hello