HomeMy WebLinkAbout971616.tiffRESOLUTION
RE: THE BOARD OF EQUALIZATION, 1997, WELD COUNTY, COLORADO - DENY
PETITIONER'S APPEAL AND AFFIRM ASSESSOR'S VALUE
PETITION OF:
YORK TERRY D & DIANNA R
5436 W 27 ST
GREELEY, CO 80634
DESCRIPTION OF PROPERTY: PIN: R0160794 PARCEL: 095915312012 - GR HP2R12-9
L9 BLK12 HIGHLAND PARK WEST 2ND REPLAT %5436 27 ST%
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 1997, 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 1997, 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 on August 1, 1997, to present his case due to a
scheduling error, 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
$ 43,750
Improvements OR
Personal Property 180.642
TOTAL ACTUAL VALUE $ 224.392
971616
AS0038
RE: BOE - YORK TERRY D & DIANNA R
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:
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 523
Denver, CO 80203
Phone: 866-5880
OR
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.
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.
971616
AS0038
RE: BOE - YORK TERRY D & DIANNA R
Page 3
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 5th day of August, A.D., 1997.
BOARD OF COUNTY COMMISSIONERS
WELDOUNTY, COLORADO
unty Attorney
eorge
. Baxter, Chair
aa1ance L. Harbert ,Pro -Tam
Dale K. Hall
Barbara J, Kirkmey
W. H. Webster
VA--/
b),
971616
AS0038
NOTICE OF'DENIAL
By:
IS -OPT -AR
Form PR -207-87/94
WIDc.
COLORADO
GR HP2R12-9 L9 BLK12 HIGHLAND
PARK WEST 2ND REPLAT 15436 27 ST1
OWNER: YORK TERRY D & DIANNA R
YORK TERRY D & DIANNA R
5436 W 27 ST
GREELEY, CO 80634
06/30/1997
LOG 6156
PARCEL 095915312012
ACCOUNT R0160794
YEAR 1997
OFFICE OF COUNTY ASSESSOR
1400 NORTH 17th AVE.
GREELEY, CO 80631
PHONE (970) 353-3845, EXT. 3650
of prop_ is based or the a.
1The appraisal value property QQpp;op2Q;;arrtyyc consideration of the approaches to value required by law. The Assessor has determined that
RESIrDENTIAL rty SPROPERTYuld be CIS eVALUED d in the fBY CONSIDERING MARKET APPROACH.
AGRICULTURAL LAND VALUE IS DETERMINED SOLEY BY THE EARNING OR
PRODUCTIVE CAPACITY OF THE LAND, CAPITALIZED AT A RATE SET BY LAW.
ALL OTHER PROPERTY, INCLUDING VACANT LAND, IS VALUED BY CONSIDERING
THE COST, MARKET, AND INCOME APPROACHES.
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
Dv , uationasst needriE d F APPEALS
to EHyyour roe . The reasons for this defeminationDELAYED AND
of value are:
POSTMARKED LATER THAN JUNE O NOTICE DETERMINATIONT . IFYOUWISHTOAPPEAL YOUR VALUATION FURTHER
PLFASE FORWARD A COPY OF YOUR NOTICE SHOWING THIS MESSAGE ALONG WITH YOUR DESIRE
TO GO TO THE COUNTY BOARD OF EQUALIZATION. THIS WILL ALLOW YOU AN EXTENSION
THROUGH MIDNIGHT JULY 21ST.
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
1995/1996 TIME PERIOD. THIS COMPARISON SHOWS YOUR ACTUAL PROPERTY VALUE TO BE
CORRECT FOR THAT PERIOD.
PROPERTY CLASSIFICATION
PETITIONER'S
ESTIMATE
OF VALUE
. ASSESSOR'S VALUATION
ACTUAL VALUE
PRIOR TO REVIEW
ACTUAL VALUE
AFTER REVIEW
LAND
IMPS
43750
180642
43750
180642
TOTALS $ $ 224392 $ 224392
f you disagree with the Assessor's decision, you have the right to appeal to the County Board of Equalization for further consideration, 39-8-
06(1)(a), C.R.S. Please see the back of this form for detailed information on filing your appeal.
06/30/1997
WARREN L. LASELL
WELD COUNTY ASSESSOR
DATE
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 you must appeal 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 EQUALIZATION'S DETERMINATION:
The County Board of Equalization must make a decision on your appeal and mail you a determination within five
business days. The County Board must conclude their hearings by August 5.
lannIERAIEFALsi
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.
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 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., YOU MUST STATE YOUR OPINION OF VALUE IN TERMS OF A SPECIFIC DOLLAR
AMOUNT. Attach additional documents as necessary.
S1GNA 1 URt OF Pt I1 HONER °Alb b
July 18, 1997
Weld County Board of Equalization
915 10th St. P.O. Box 758
Greeley,CO 80632
I am requesting that you override the Assessors valuation dated 5-22-97 and
the notice of denial dated 6-30-97.
I closed on the 5436 West 27th St. property on 12-2-93 which was purchased
for: lot $31,166 ,and house $129,142 for a total of $160,308 ( which is close to the
Assessors valuation of $160,224). The 4-21-95 valuation was raised to $193,021
which I protested and was denied. The 5-22-97 valuation was raised to $224,392
which I protested and again was denied. There is no way my property could increase
$64,168 since the house was built on 12-2-93 .
Please see all of the enclosed supporting data . I am requesting a fair market
value of $169,315 (If this market value is to be current as of 5-22-97 a value of
$172,345 would be fair.)
Sincerely,
Terry York
June 18, 1997
Weld County Assessor's Office
1400 N.17th Ave.
Greeley, CO 80631
I am requesting that the value of my property : GR HP2R12-9 L9 BLK12
HIGHLAND PARK WEST 2ND REPLAT %5436 27 ST%, be reviewed and decreased
to $169,315. This is due to the over valuation on 4-21-95 of $193,021, and again on
5-22-97 with a total value of $224,392 .
There has not been any additions or improvements to this house since the
appraised value of $160,000 in 1993.
See the enclosed supporting sales data for comparable residential property
March 1995 through June 1996. Some more reasons that support the justification for
this decrease are: this property is not overly customized, nor does it have too many
upgrades such as a deck, hardwood floors, fireplace, jetted tub, intercom / stereo
system and security system.There are many homes in this area that have all of the
these listed and many more upgrades.
After reviewing my property with an appraiser and the enclosed data showing
2691 56 Ave. as a high value of $96.63 per square foot and 5506 24 St. as a low value
of $72.00 per square foot, with an average of $84.32 per square foot, my house of
2008 square feet has a fair market value of $169,315.
Sincerely,
Terry York
LEGAL DESCRIPTION:
GR HP2R12-9 L9 BLK12 HIGHLAND PARK WEST
2ND REPLAT 7.5436 27 STY.
NOTICE OF VALUATION
REAL PROPERTY
This Is Not a Tax Bill
fr>:,t,:;::ti*;:::::**** ********::AUTO 5 -DIGIT 80634
YORK TERRY D & DIANNA R
5436 W 27 ST
GREELEY, CO 80634-4548
Warren L. Lasell
Weld County Assessor
1400 N. 17th Avenue
Greeley, CO 80631
Date: 05/22/97
HEARING DATE S0• 0 AY122h Avenue
1997
LOCATION: 8:30 4:v0
OFFICE HOURS:
TELEPHONE NO: 970 353-3845 x-3650
FAX NO: 9703 351-0978
TAX YEAR: 1997
TAX AREA: 0600
PARCEL NO: 095915312012
ACCOUNT NO: R0160794
PROPERTY PRIOR YEAR
CLASSIFICATION ACTUAL VALUE
RESIDENTIAL 193021
TOTAL
193021
CURRENT YEAR
ACTUAL VALUE
INCREASE/
DECREASE
224392 31371
224392 31371
Parcel# 095915312012
Account # R0160794
To appeal by mail, list your name, address, and phone # below, detach the lower portion of this notice
and mail in accordance with instructions on the reverse side to:
Name:
Address:
Weld County Assessor
1400 N. 17th Avenue
Greeley, CO 80631
Phone:
An assessment percentage will be applied to the actual value of your property before taxes are
calculated. The assessment percentage for residences is projected to be 9.74%. Generally, all
other property is assessed at 29% of actual value (39-1-104(1) and (1.5)(a), C.R.S.). A change in the
projected residential assessment percentage is not grounds for appealing property values or abatement (39-5-
121(1), C.R.S.) Assessed value for oil & gas production is 87.5% primary and 75% secondary.
Appraisal data used to establish value were gathered from the 18 month period ending June 30 1996.
If data from that period were insufficient, data from the five year period ending June 30 1996 were used.
Your property was valued as of January 1 of the current year. The "current year actual value" represents the
actual or market value of your property. The tax notice you receive next January from the treasurer will be
based on that value.
DOCUMENTATION - REASON FOR REQUESTING A REVIEW:
PRESORTED
THIS IS NOT A TAX BILL
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July 23, 1997
YORK TERRY D & DIANNA R
5436 W 27 ST
GREELEYCO80634
Dear Petitioner(s):
CLERK TO THE BOARD
PHONE (970) 356-4000 EXT.4225
FAX: (970) 352-0242
915 10TH STREET
P.O. BOX 758
GREELEY, COLORADO 80632
Parcel No.:095915312012 PIN No.: R0160794
The Weld County Board of Equalization has set a date of Tuesday, August 5, 1997, at or about the
hour of 10:30 a.m. to hold a hearing on your valuation for assessment. This hearing will be held
at the Weld County Centennial Center, 915 10th Street, Greeley, Colorado, in the First Floor
Hearing Room. A number of hearings have been scheduled at this time; peitioners will be asked
to sign in with the Clerk upon arrival, and cases will be heard on a first come / first heard basis.
You have a right to attend this hearing and present evidence to the Board in support of your
petition. The Weld County Assessor or his representative will be present. The Board will make its
decision on the basis of the record made at said 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, 1997,
and mailed to you on or before August 10, 1997.
Because of the volume of cases before the Board of Equalization, all cases shall be limited to 15
minutes, of which you will be allowed 10 minutes for your presentation. 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.
YORK TERRY D & DIANNA R - R0160794
Page 2
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.
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,
BQARD OF EQUALI TION
4414
Donald D. Warden,
Clerk to the Board
BY:
Carol A. Harding
Deputy Clerk to the Board
cc: Warren Lasell, Assessor
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