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HomeMy WebLinkAbout991909.tiff RESOLUTION RE: THE BOARD OF EQUALIZATION, 1999, WELD COUNTY, COLORADO - DENY PETITIONER'S APPEAL AND AFFIRM ASSESSOR'S VALUE PETITION OF: LA CASA ROSA LTD 2448 1 AVE GREELEY, CO 80631 DESCRIPTION OF PROPERTY: ACCOUNT #: R7637999 PARCEL #: 080332305024 - GR CP L12 CLAYTON PARK 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 1999, 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 1999, 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 represent, 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 $ 5,158 Improvements OR Personal Property 143,100 TOTAL ACTUAL VALUE $ 148,258 991909 AS0043 71-11: � , - RE: BOE - LA CASA ROSA LTD 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), 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 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), 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. 991909 AS0043 RE: BOE - LA CASA ROSA LTD 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 2nd day of August, A.D., 1999. BOARD OF COUNTY COMMISSIONERS / I ! / 1 LD COUNTY, COL.RA!O / 4 lEi„ , /77_„ •rs =;r Y Dal K. Hall, Chair eIdtounty� ler Board / ro-Te rbara J. Kirkmeyer, m BY: . v De to the Board y;r i eorg xter APPROVED AS TO FORM: �� . J. eile C tidy�,*/,c a .0 �, � Ass ant Cou&y Attorney A.ii z/G'dd \ Glenn Vaad- 991909 AS0043 NOTICE OF DENIAL OFFICE OF COUNTY ASSESSOR GR CP L12 CLAYTON PARK 1400 EELEH AVE. NORTH CO17thAVE. 80631 PHONE(970)353-3845,EXT.3650 WIOc.COLORADO OWNER: LA CASA ROSA LTD LA CASA ROSA LTD LOG 2561 2448 1 AVE PARCEL 080332305024 ACCOUNT R7637999 GREELEY, CO 80631 YEAR 1999 06/14/1999 The appraised e� value �off�property is based on the appropriate gg consideration of the approaches to value required by law. The Assessor has determined that Elf gR R��ERTYLeTLSCLUIJTPGf VACANT BLAND, 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 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 1997/1998 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 LAND 5158 5158 IMPS 143100 143100 $ 148258 148258 TOTALS $ 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. 06/14/1999 By: Stanley F. Sessions DATE WELD COUNTY ASSESSOR 15-DPT-AR Form PR-207-87/99 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 :or 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 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 EOUALIZATION'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 their hearings 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. 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 10. 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, C.R.S., YOU MUST STATE YOUR OPINION OF VALUE IN TERMS OF A SPECIFIC DOLLAR AMOUNT. Attach additional documents as necessary. SI NAIUK6 OF Ph IIIIUNER � � aim4� / /��/ ��� �� 7/ FOPP ' 26283 NOTICE OF VALUATION REAL PROPERTY This Is Not a Tax Bill LEGAL DESCRIPTION: Staley F. Sessions Weld County Assessor GR CP L12 CLAYTON PARK 1400 N. 17h Avenue Greeley, CO 80631 Date ]May 1, 1999 HEARING DATES: 5/3/99-6/1/99 LOCATION: 1400 N 17th Avenue OFFICE HOURS: LACASAROSALTD TELEPHONE NO: 4353-3845 x-3650 24481 AVE ,.1098th:; �; , ,��n , . FAX NO: 970) 351-0978 GREF.I FY CO 80631 TAX YEAR: 1999 TAX AREA: 0600 PARCEL NO: 080332305024 ACCOUNT NO: R7637999 PROPERTY PRIOR YEAR CURRENT YEAR INCREASE/ CLASSIFICATION ACTUAL VALUE ACTUAL VALUE DECREASE RESIDENTIAL 0 148258 148258 TOTAL 0 148258 148258 Parcel# 080332305024 Account # R7637999 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:_=fseweI a/i4 • Weld County Assessor Address: p a ,g,,, t_ 1400 N. 17th Avenue G r ee k) co foe.; z Greeley, CO 80631 Phone: 3 r2 i s si- c F _ es-y,9 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, including vacant land, is assessed at 29% of actual value (39-1-104(1) and (1.5), C.R.S.). A change in the projected residential assessment percentage is not grounds for an appeal of value or abatement of taxes. (39-5-121(1), C.R.S.) For oil and gas leaseholds, the value shown above is the taxable value of your property. Appraisal data used to establish value were gathered from the 18 month period ending June 30 1998. If data from that period were insufficient, data from the five year period ending June 30 1998 were used. Your property was valued as of January I 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 he based on that value. DOCUMENTATION - REASON FOR REQUESTING A REVIEVV: Pr, /I a T4,r Crr4•/ 'fir--1 Drrr/.wr/ L�.r J Are..,e Krn�cr✓ 4/74/ s Jo yN icr/rdeA>+ 0), //Mnh C-JIt Jr./ STANLEY F. SESSIONS WELD COUNTY ASSESSOR APPRAISAL REPORT OF MULTI-FAMILY PROPERTY FOR County Board of Equilization LA CASA ROSA LTD PETITIONER vs. WELD COUNTY ASSESSOR'S OFFICE RESPONDENT Parcel Numbers: 0803-32-3-05-023, 0803-32-3-05-024 0803-32-3-05-025 Schedule Numbers: R7637899, 7637999,7638099 Log Numbers: 2562, 2561, 2560 Date: August 2,1999 Time: 1:30 p.m. PREPARED BY APPRAISERS NAME -_.11� J�� 4,2,5 3I6,78� -7/22/1,11 L. Rodrigu License No. Date �U���//// APPRAISAL DATE JUNE 30, 1998 ASSESSOR VALUE $363,616 CBDa Res_Multi_071599 Page 1 GENERAL DESCRIPTION OF SUBJECT SITE This property is located at 1009-1011-1013 C STREET in the city of GREELEY. The legal description of the property is GR CP L11-12-13 CLAYTON PARK %1011 C ST% • Utilities available to the site are typical for the area. IMPROVEMENTS The subject property improvements are identified as a three above ground apartment buildings. These buildings being of frame/stucco construction with metal roofs. Building 1 is 3,180 square feet housing 4 apartments, building 2 is 2,546 square feet housing 6 apartments and building 3 is 1,900 square feet housing 4 apartments for a total of 7,626 square feet housing 14 apartments. The improvements sit on a 20,446 square feet of land. The Assessor has classified the property as multi/family residential of average quality. The subject is in a multi-family zoned area. SUBJECT PHOTOGRAPH .w !ittl , n De :ts -;a II -------------- CBOE_Res_Multi 071599 Page 2 r• n r, Comparable Number 1 ANN n;n '. frigr ".14 l5 F^ to I µ + r1 Comparable Number 2 • ,,ate • Ok 440 10,400 Comparable Number 3 dl'i 9ili _r1 � CBC'E_Res Multi_071699age P 3 WELD COUNTY ASSESSOR'S Comparables Report with Adjustment Grid Subject Comp #1 Comp #2 Comp #3 SDate/Price 03/16/98 $350,000 09/28/97 $400,000 11/14/97 $503,000 Parcel# 080332305023 096120216001 096120205033 096120205001 Account# R7637399 R3878286 R3864186 R3861286 Address 1009 C STREET 2019-2023 GLENDALE 3001 LAKESIDE 3002 SUNSET DR GREELEY EVANS EVANS EVANS Neighborhood 143 143 $0.00 143 $0.00 143 $0.00 Land-SF 20,446 21,771 $0.00 19,820 $0.00 26,840 $0.00 Occupancy Apts>9 Units Apts>9 Units $0.00 Apts>9 Units $0.00 Apts>9 Units $0.00 Builtt As <3 Stories <3 Stories $0.00 < 3 Stories $0.00 <3 Stories $0.00 Year Built 1998 1975 5.8% 1970 7% 1970 7% Quality Average Average $0.00 Average $0.00 Average $0.00 Exterior Frame StLcco Frame Masonr -5% Frame Masonr -5% Frame Masonr -5% Building SF 7,626 5012 $30.00 4812 $30.00 6,500 $30.00 Sub-basement 0 5012 $9.00 4812 $9.00 6,500 $9.00 Bsmt Finished 0 5012 $13.50 4812 $13.50 6,500 $13.50 Garage 0 0 $0.00 0 $0.00 0 $0.00 Units 14 12 $0.00 12 $0.00 16 $0.00 Time I $0.00 $0.00 $0.00 Amenities $7,000 $4,058 $0.00 $4,537 $0.00 $6,253 $0.00 Adjustments Location $0 $0 $0 Occupancy $0 $0 $0 Built As $0 '. $0 $0 Age $20,300 $28,000 $35,210 Quality $0 $0 $0 Exterior ($17,500) ($20,000) ($25,150) Building Size $78,420 $84,420 $33,780 Basement ($112,770) ($108,270) ($146,250) Garage $0 $0 $0 Rooms $0 $0 $0 Bathrooms $0 $0 $0 Bedrooms $0 ! $0 $0 Time $0 $0 $0 Amenities $2,942 $2,463 $747 Total Adjustments ($28,608) • ($13,387) ($101,663) Adusted Sale Price $321,392 $386,613 $401,337 Adjusted Sale$/SF , $42.14 '� $50.70 $52.63 $/SF Market for Subject $49.59 Final Market Value $378,173 C BO E_Res_Multl 071599 Page 4 IMPARTIALLY VALUATION Constitution of Colorado, Article X - Revenue, section 20.1 General Consideration. This section and ss 3 of this article reconciled. In order to reconcile the requirement of subsection (8)(c) of this section that residential property be valued "solely by the market approach to appraisal" with the equalization requirement of article X ss 3, the actual value of residential property must be determined using means and methods applied impartially to all the members of each class . Podoll v. Arapahoe County Board of Equalization, 920 P.2d 525 (Colo 1995) MARKET APPROACH SUMMARY Real property for the tax year 1999 must be valued utilizing the level of value for the period of one and one-half years immediately prior to July 1, 1998. A period of five years immediately propr to July 1, 1998 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 the use of the land, or a combination thereof (39-1-104(11)(b)(1),CRS). The Weld County Assessor has an established ongoing 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 of the Marker Approach to Value (39-1-103(5)(a),CRS) INDICATED MARKET VALUE $363,616 C BOE_Res_Mupl_071599 Page 5 1/2 tulle I Ar p 112 kilometer Si Gj 55 II Mua Pn_r 1 Road 64 Sri CSr Corner -- c en,/, 3 at {y , Aft—ins 5 I7th Av liV. ` a Weld Count, i ��-„e w l A°O tcen,lbn \ AA re �,I Page Key z+ , FVw\� 1 k • � HSr 7a i SUS 3�,ii _ S 5 �s! — F St O0 FCI l)d¢a I ireeley ._ I LSI ill I csl C`1^w f �GBI �sYui- t r � i t g f 14J1r--7:4 s nn A 3 t Re- e ..$1_ �r-j _y N }- I5 a ma Par 9 4' IC: 9 - `/t ��it war 3 �T�(: n eM1 jjf�j 1—"--111A � a a I`.J•3 )a. w`G'_ la 3q 3 3 k o Melrue 'L., : I AIV R 1 3 //9�R0 F3 a1t, 9 y ji911 1r 1 ES -'j •��N9 _ Sfh 51 9b9 ^� d �J • ar _ rl rv. gK 1IM 1 ..�—. f Unlb I Ae 1;414 1, i na Y �a. rAndlOeO 3 a I (em -..ay_(gp�' ..ern ar earl"'I n S-ra a .fn_.'L._iIA )m enEst' [ 5: uknR BUs mar 4h rPn k M BUS C� c u • k I Ef� s. 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