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Home My WebLink About951597.tiffRESOLUTION RE: THE BOARD OF EQUALIZATION, 1995, WELD COUNTY, COLORADO PETITION OF: WISSNER MARTIN L & CATHERINE J 1920 SPRUCE DR ERIE, CO 80516 DESCRIPTION OF PROPERTY: PIN: R 5686086 PARCEL: 146705404007 - CR6-3 L3 BLK6 CARMACAR RANCHETTES %1920 SPRUCE DR% WHEREAS, the Board of County Commissioners of Weld County, Colorado, organized 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 1995, 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 1995, claiming that the property described in such petition was assessed too high, as more specifically stated in said petition, and WHEREAS, in lieu of the hearing scheduled before the Board of Equalization a Stipulation was agreed upon by the Assessor and said petitioner(s), and WHEREAS, the petitioner(s) and the Weld County Assessor agree that the assessment and valuation of the Weld County Assessor shall be, and hereby is, stipulated as follows: ORIGINAL ADJUSTED Land Improvements OR Personal Property TOTAL ACTUAL VALUE t'C, . 1}S I U) lx)(3/YIQ) $ 35,000 $ 35,000 155,000 132.861 $ 190.000 $ 167.861 951597 AS0032 RE: BOE - WISSNER MARTIN L & CATHERINE J Page 2 WHEREAS, said Stipulation shall resolve all issues to have been determined by the Weld County Board of Equalization. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, acting as the Board of Equalization, that the Stipulation agreed to by the Weld County Assessor and the above -named petitioner(s) be, and hereby is, accepted by the Board. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 3rd day of August, A.D., 1995. ATTEST: Weld County Clerk to the Board BY' Deputy Cletk,t©'th APPROVED IIAS l.r _ y Atto e yda r -Coy BOARD OF COUNTY COMMISSIONERS D COUNTY, COLORADO Dale K.K. Hall, Fxrt JSPf Barbara J. Kirkmeyer, Pro -Tern Fxriism George E. Baxter a Constance L. Harbert W. H. Webster 951597 AS0032 1995 BOARD OF EQUALIZATION WELD COUNTY, COLORADO ASSESSOR'S PIN NUMBER 5686086 STIPULATION (As to Tax Year 1995 Actual Value) RE PETITION OF NAME: Wissner Martin L & Catherine ADDRESS: 1920 Spruce Dr Erie Colorado 80516 J Petitioners) Wissner Martin L & Catherine J and the Weld County Assessor, hereby enter into this Stipulation regarding the tax year 144E valuation of the subject property, and jointly move the Board of Equalization to enter its order based on this Stipulation. The Petitioner(s) and the Assessor agree and stipulate as follows: '1 The property subject to this Stipulation is described as Lot 3 Block 6 Carmacar Ranchettes 2. The subject property is classified as Residential • property (what type). 3. The County Assessor originally assigned the following actual value on the subject property for tax year 1995 Land $ 35,000 Improvements $ 155.000 Total $ 190,000 4. After further review and negotiation, the Petitioners) and Weld County Assessor agree to the following tax year 1445 actual value for the subject property: Land Improvements Total $ 35.000 $ 132,861 $167,861 5. The valuations, as established above, shall be binding only with respect to tax year 1995 95159] 6. Brief narrative as to why the reduction was made' Reappraised corrected sq ft of home. 7. Both parties agree that the hearing scheduled before the Board of Equalization on (date) at (time) be vacated; or, a hearing has not yet been scheduled befor the Board of Equalization (check if appropriate). DATED this 21 day of July 1995. /4 Petitioner(s) or Attorney Petitioner(s) or Attorney Address: Address: tC-L0 e lti �a ,80 i4 /90 , /74de �Rea+71 L g-o63i Telephone JO7 mL .ec-ur-- Telephone 35, -'S''%S G /ere 4SV/ Q7jc ,t° 4tht� ('`ivc County Assessor �7e /PA9lo 1400 N. 17th Avenue Greeley, CO 80631 (970) 353-3845, Extension 3650 ce WftDG COLORADO July 18, 1995 WISSNER MARTIN L & CATHERINE -J 1920 SPRUCE DR ERIE, CO 80516 CLERK TO THE BOARD PHONE (303) 356-4000-EXT.4218 FAX: (303) 352-0242 915 10TH STREET P.O. BOX 758 GREELEY, COLORADO 80632 Parcel No.: 146705404007 PIN No.: R 5686086 Dear Petitioner(s): The Weld County Board of Equalization has set a date of Monday, July 31, 1995, at or about the hour of 1:30 P.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. You have a right to attend this hearing and present evidence in support of your petition. The Weld County Assessor will be present before the Board. The Board will make their 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 10, 1995, and mailed to you on or before August 16, 1995. 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 evidenceasindicated above, the Board will have no choice but to deny your appeal. 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. WISSNER MARTIN L & CATHERINE J - R 5686086 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 EQUAL TION /(k cutin Donald D. Warden, Clerk to the Board BY: imberlee A. Sch ett, Deputy cc: Warren Lasell, Assessor Elie COLORADO NOTICE OF ADJUSTMENT CR6-3 L3 8LK6 CARMACAR RANCHETTES #1920 SPRUCE DR# 1920 _ _ _SPRUCE DR _ OWNER WISSNER MARTIN L £ CATHERINE J �II55r3F-R MARTIN L E CATHERINE J OFFICE OF COUNTYASSESSOR 1400 NORTH 17th AVE. GREELEY, COLORADO 80631 PHONE (970) 353-3845, EXT. 3656 1120 SPRUCE DR IE CO 80516 GCA4MACA PARCEL 146705404037 PIN R 5686086 YEAR 1995 LOG 32917 05/24/1995 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): ^tt.STO ENT IAL PROPERTY IS VALUED BY CONSIDERING THE MARKET APPROACH• AG:d CULTURAL LAND VALUE I5 DETERMINED SOLELY 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, MARK.`. T, 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 deter- mined 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 UPON THE ADDITIONAL INFORMATION YOU HAVE PRO -VIDE D• PROPERTY CLASSIFICATION L AND I MPS PETITIONER'S ESTIMATE OF VALUE ASSESSOR'S VALUATION ACTUAL VALUE PRIOR TO REVIEW 35,000 159, 7i 1 ACTUAL VALUE AFTER REVIEW 35,OJO 155,09( TOTALS $ $ 194, 781 $ 140 'f you disagree with the Assessor's decision, you have the right to appeal to the County Board of Equalization for further consideration,' 39-8-1O6(1)(a), C.R.S. Please see the back of this form for detailed information on filing your appeal. By: WARREN L. LASELL WELD COUNTY ASSESSOR [5 -OPT -AR o r m PR -207-e7/94 06/06/95 ADDITIONAL INFORMATION ON REVERSE SIDE DATE I /I YOU HAVE. THE RIGHT TO APPEAL THE ASSESSOR'S DECISiOr. The County Board of Equalization will sit to hear appeals beginning July 3 and contiee,:.:( &)ugh August � for real property (land and buildings) and persona; property itjrnishings. machinery,.ano ;.:; ,,:.;;;_: 3y_:s-1'34 and 39.8-107(2), C.R.S. APPEAL PROCEDURES; If you choose to appeal the Ass ,suor's •. ri ,isior. .��'.)Li must ck, r:.,.1i ,.:� ., �a; '...?lr?' y Clif<��':? ::+ .. •:; .. yew right to appeal. appeal mu..t ;:.e P T K . r your r -K1 ._ fV�AI•i r• PROPERTY. AND 3ULY 20 FOR PERSONAL PR:JPt-ii:? ..f. 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 f,erarieg :,1 ; < :iispeu COUNTY BOARD OF EQUALIZATION'S DETERMINATION: The County Board of Equalization must make a decision on your appeal and mail you a deter►-iinaton 'tusiness days. The County Board must conc=ude their hearings by August 5. TAXPAYER RIGHTS FOR FURTHER APPEALS: are not satisfied with the Canty Board of Equalization's decision, yhu must'file within thit y ;v::. of the County Board of Equalization's written decision With, ONE of the following: Board of Assessment Appeals ($AA): Contact the BAA at 1313 Sherman. Room 315, Denver, C • •�tt X02 a 13034 (llCi� .s (.t ut ,.:t �i. ,,5 }•,0 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 tile an appeal with the Board of Assessment Appeals by September 18. TO PRESERVE YOUR APPEAL RIGHTS. YOU MUST PROVE YOU HAVE FILED A TIMELY APPEAL: THEREFORE. WE RECOMMEND ALL CORRESPONDENCE BE MAILED WITH PROOF: 9i ?.-,1LrN( , PETITION TO THE COUNTY BOARD OF EQUALIZATION ir the space below, please e'xt r• i<< .� s�lr .. i•, �� r( -8 0611.5), C.R. S', YOU Mu.).1. l :T -";l c'. 7 );)f? {:�€ .`t 1�. .., 'rti.. ii ?!j ilYre:t Cr AMOUNT. Attach additional do C::.I:!smiS Ly SIGNATURE oF P7- TIT ONF'R Martin & Catherine Wissner 1920 Spruce Drive Erie, CO 80516 Weld County Assessor's Office, 1400 N. 17th Avenue Greeley, CO 80631 7/12/95 Dear Sirs; Re: Appeal of June 1994 Assessed Valuation of CR6-3 L3 BLK 6, Carmacar Ranchettes. I have compared my property valuation to many others in the neighborhood and have found it to be extraordinarily higher than any other. Examination of the assessor's office valuation spreadsheet reveals numerous and serious errors of measurement, valuation, and categorization of my property to come up with an excessively high valuation. I'm not a professional appraiser, but many errors are strikingly obvious when compared to the norms applied to like properties in my neighborhood. I have no problem with paying my fair share of taxes, but I do insist that I have the same standards of valuation applied to my house as the rest of my neighborhood, which is clearly not the case here. I have walked through the neighborhood and pulled the assessor's spreadsheets on 24 similar properties in my subdivision to establish a data base of neighborhood valuations. I have taken pictures of yards and structures to establish their similarity to my property. I have interviewed neighbors to identify comparable quality of construction and condition. I used that data base to show, line by line, the huge disparity and non uniform errors appplied to my property. In my original request for review, I pointed out numerous reasons why I overpaid for this particular property, mainly the need to vacate another property for sale and the ready availability of this one to meet our needs, without having to face a double move, storage, etc. I indicated a fair market value for this property to be around $160,000. Time constraints, availability, affordability, and acceptability of the property have value to me but are not part of the assessed valuation of a property. I have found other examples of properties in this area that have been assessed at lower values than the price paid for the property, so we have precedent established in this area that the valuation can be less than the purchase price. I have found extraordinary reductions from market values to the assessor's valuations which have greatly skewed some of the data. For example, two houses had landscaping values much higher than normal, but the assessor than reduced the value of the overall improvements by 25% ... at 1860 Spruce Drive, this amounted to $316,465 improvements reduced to $232,643! I couldn't find any reason for such a large reduction of this beautiful property. These are number games akin to a used car dealer overallowing a trade in against a full list price new car sale (which is much higher than the cash price of the new car) ... the value of the used car shows up in the bluebook artificially higher than its really worth. I review the spreadsheet with my comments, observations, and comparable data using your neighborhood numbers to indicate value in line with other properties in my area. 1) Residential land value of $25,000/acre for 1.4 acres. The property has a major easement in the form of an irrigation canal at the south end of the land. Unlike many other easements that have little effect upon the utility and enjoyment of the land, this one has a major, dominant detrimental effect. It rises 8 feet in elevation above the northern portion of the land, forms a roadbed, then an irrigation ditch. I am unable to utilize this ground in any way, have no control over landscaping, derive no benefit from the use of the ground, and have no access to the small piece of land on the far southern side. It is cosmetically unattractive, and left to weeds which are infrequently removed by the ditch company riders. My neighbors commonly receive the use and enjoyment of all their property, less the common street side easements we all have. At best, one can value this only as a buffer to irrigated farmland adjacent to this land; the adjacent land can only be used for farmland due to prior mining activity. The area amounts to .3 acre; I found irrigated farmland in Weld county to be valued $350.00/acre (which is really a higher use than I derive from this land). My adjusted value for the land is .3 x $350. = $105.00. Total land is then 1.1 x $25,000. = $27,500 for the main area + $105.00 for the unusable = $27,605.00 2) Single family residence breakdown, my exceptions to your figures noted, with explanation: Area of house is mis-measured; I have measured (exterior dimensions) to be a total of 1,950 sq ft., not 2,125. My calculated values: Forced air heat, no change Humidifier, no change Composition roof, no change Wood subfloor (1950-286) is 1664 sq ft Concrete Slab Subfloor is 286 sq ft x 1.51- = 431.86 - Floor cover allowance 1950 x 1.37 = 2671.50 Dishwasher, no change Garbage Disposal, no change Masonry Fireplace, no change Attached Garage, (19 x 22 = 418 sq ft) Brick Veneer, garage 418 x 10.08 (comp value avg) = 4213.44 Open Slab Porch it x 24 = 264 sq ft x 2.65 = 699.60 Solid Porch Wall Area 264 x 6.15 = 1623.60 Roof Area - Porch no change Ceiling area - Porch 264 x 1.93 = 509.52 Frame/Masonry Veneer Ext Wall 1950 x 32.85 = 64,057.50 Drywall Area, Interior Wall 1950 sq ft no change Landscaping the average house in this neighborhood has a 200.00 valuation. Several have no added value at all! My property has less than average landscaping, and had a very sick yard when we purchased it; the only healthy aspect was the large trees around the perimeter of the back yard; My wife (BS Landscape Horticulture CSU) spent most of the summer 1994 removing dead, diseased, dying vegetation, and kindling quality dangerous shrubs adjacent to the house. The yard clearly was an unorganized mess, with most of the backyard in buffalo clump grass open space, which it still is due to major watering restrictions imposed upon this neighborhood. I'll adjust this number to the average of the neighborhood, but I can show you houses with no added valuations with nicer yards. $200.00, not $2,000.00 Plumbing Fixtures. A survey of the other documents shows only 2 other houses in the area assessed for Laundry facilities; so the normal assessment disregards this item. As a side note, many of the properties I compared were assessed 1 or 2 less fixtures than the documents indicated they had. In any event, two common assessed valuations of comparable fixtures appear in the documents ... either 66.66 or 96.25, not 203.00 as applied to mine. To be consistent with the neighborhood: 10 plumbing fixtures x 96.25 = 962.50 Building Summary: Base value sq ft 64,057.50 Subfloor 431.86 - Floor Cover 2,671.50 Heating/Cooling 250.00 Plumbing 962.50 Fireplace 1,275.00 Built Ins 510.00 Porch/Patio 2,832.72 Garage 4,213.44 Total Limited Imps 76,337.80 Base Year Multiplier 1.186 90,536.63 Adjustment % shown 1.7930 ... most houses sampled in the neighborhood were adjusted 1.535 so I used that number 1.535 x 90,536.63 = 138,973.72 Landscaping 200.00 139,173.72 MVSF 71.37 very close to your determined 71.12 CPSF avg value. 68.87 yields 134,296.50 chosen as your appraiser So $135,000.00 looks like a very good value for the house improv. The next major error is the detached garage. It has been miscategorized as a residence, a usage that is absolutely wrong. There is absolutely nothing about its construction to indicate any use but garage. Further, it is the only structure of its type in the subdivision to be so miscatergorized, and there are several garage structures I found in the neighborhood to have heavy power, water & sewer, heat and lighting, and modifications to make them usable as apartments, and furnishings suggesting that use, but still valued as low as 2-5 psf. I found some garage structures as low as less than 1.00 psf!!!! Not sheds, but garages!!!! No other garage structure in the neighborhood is $14.00 psf, let alone the $25.73 psf you have assessed my garage' II My analysis of 26 other properties in the neighborhood shows brick veneer garages to be in the $6.50 to $13.82 psf range. To be consistent with the neighborhood, my garage would be $12.00 psf, which is still very high in comparison to many like quality structures valued at less than half that figure, with many more capital improvements. To be realistic, however ... 366 sq ft x $12.00 = $4,032.00 Total Valuation Summation: Land Single Family Res Det Garage 27,605.00 135,000.00 4,032.00 Total Land & Improv $166,637.00 The above number reflects a fair market value of this property when measured by the same standards as the rest of the neighborhood. I have the supporting documents and pictures available for your examination, if needed. Houses used for comparison: 1921 Spruce Drive 5599 WCR 5 1941 Spruce Drive 5679 WCR 5 1940 Spruce Drive 5439 WCR 5 1960 Spruce Drive 5469 WCR 5 1880 Spruce Drive 5359 WCR 5 1881 Spruce Drive 1984 Pikes Peak 1860 Spruce Drive 5337 Aspen 1820 Spruce Drive 5557 Aspen 1843 Pikes Peak 5547 Aspen 5510 Aspen 5389 WCR 5 5367 Aspen 5398 Aspen 5517 Aspen 1865 Mountain View AgriLand: 1850 Southern St, Brighton and numerous others in the Carmacar Ranchettes subdivision Further Notes: I found many discrepencies in the appraisal sheets of other properties in gross favor of the property owners, reducing their assessed valuations. Among them: 1) Property features value deducted due to entering the value psf or per fixture as a minus (-), creating a deducted value from the improvements. 2) Adjustment percentages entered at 1.0000, instead of the more commonly applied 1.7930 or 1.5350; these represent substantial reductions in the assessed valuations of property improvements for the owners. 3) Miscounting of the number of plumbing fixtures assessed based on the supplied information; many houses were underassessed 1 or 2 fixtures and most were never assessed laundry facilities. My survey door to door indicated all the houses had laundry hook ups. 4) Ignoring substantial and extensive fencing and corrals in the landscaping, watering systems, major improvements to garage structures and driveways. In one case, I found a house where the attached garage door covers a 3 foot deep storage shelving area wall behind which is now finished living quarters ... you can only see the modification when the garage door is open (which I suspect is a rare occurrence). In another, I found a detached garage finished out as living quarters and assessed at 1.73 psf. 5) Inconsistent appraiser assessments on property improvements, in several cases the valuation of a structure was the appraiser number without any measure of csf, then modified by the normally applied adjustment percentages. 6) Very large adjustments to calculated values by the assessor's office without any consistency or apparent justification. I appreciate your time and attention to resolving these matters regarding my property. Thank, You, Martin Wissner S I. L. C.'e our Specialty Harper C4 burke Survey 607 10th Street, Suite 107 Golden, Colorado 80401 Fax (303) 384.0492 Phone (303) 277.1207 Job Number. 102428 Date: 4-25-94 Attention: Jan Client: National American Mortgage Borrower: Wiesner St. Address: 1920 Spruce Dr. Erie, Co. IMPROVEMENT LOCATION CERTIFICATE _egal Description per Client: Lot 3, Block 6, Cartnacar Rancitettes, County of Weld, State of Colorado 1920 Spa+tE. ttvve (GeAVEL.) ( too z,o.w \ N gafc�eaJ I hereby certify that this improvement location certificate was prepared for Nat.iQrlai, AIBerftaX ll rt2sage that is not a Land Survey Plat or Improvement Surrey Plat, and tharit is not to he relied upon for the establishment of fence, building, -or other future improvement lines. I further re tify that ;he improvements on the above described parcel oc this date, except utility connections, arc entirely within the boundaries c4 the pareel, except as shown, that there are no encroachments r,poa the described premises by improvements on any adjoining premises, except es indicated, and ;hut !here is no apesrent evidence or sign of any easement crossing or burdening any part of said parcel, except as noted. "Notice: According to Colorado lave you must commence any legal action based upon any defect in this survey within three years -after you flint discover suub defect. In no event, may any action bsrrd upon any defect in this survey be coinnienced more thcr, ice years from -the dies of the certification shown hereon." Census Tract Number: Na7 Y /LAG(,. It is heresy certified that the above described property / S 4,or witted within a :00 year flood hazard boundary in accordance with the current-Fcderal Emergency Management Agency Flood Insurance Rate Maps, Dated: sett-. 2$� into This property islocatedin zone: Map panel number 09.0266 0960,_ Surveyed o, 4.4-$ 4_ 2.'L-14 tw.ey. SA- o.!.:4.2µ_gt4 .ppoved cr Da one: 4 --2-t4-41- ( 0 arper urrce �aurvcye 4_ Hello