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Home My WebLink About20193096.tiffJuly 30, 2019 Petitioner: WHITAKER BRIAN J 7571 COUNTY ROAD 38 JOHNSTOWN, CO 80534-9223 CLERK TO THE BOARD PHONE (970) 400-4226 FAX (970) 336-7233 WEBSITE: www.weldgov.com 1150 O STREET P.O. BOX 758 GREELEY CO 80632 Agent (if applicable): RE: THE BOARD OF EQUALIZATION 2019, WELD COUNTY, COLORADO NOTICE OF DECISION Docket 2019-3096 Appeal 2008224777 Hearing 7/30/2019 3:00 PM Dear Petitioner: On the day indicated above, the Board of County Commissioners of Weld County Colorado convened and acting as the Board of Equalization, pursuant to C.R.S. §39-8-101 et seq., considered petition for appeal of the Weld County Assessor's valuation of your property described above, for the year 2019. Account # Decision The Assessment and valuation is set as follows: Actual Value as Actual Value as Set by Determined by Assessor Board R4646586 Adjust - Denied in Part $445,741 $400,000 A denial of a petition, in whole or in part, by the Board of Equalization must be appealed within thirty (30) days of the date the denial is mailed to you. You must select only one of the following three (3) options for appeal: 1. Appeal to Board of Assessment Appeals: You have the right to appeal the County Board of Equalization's decision to the Colorado Board of Assessment Appeals. A hearing before that Board will be the last time you may present testimony or exhibits or other evidence, or call witnesses in support of your valuation. If the decision of the Board of Assessment Appeals is further appealed to the Court of Appeals pursuant to C.R.S. §39-8-108(2), only the record of proceedings from your hearing before the Board of Assessment Appeals and your legal brief are filed with the appellate court. All appeals to the Board of Assessment Appeals filed after August 10, 2019, MUST comply with the following provisions of C.R.S. §39-8-107(5): (5)(a)(I) On and after August 10, 2019, in addition to any other requirements under law, any petitioner appealing either a valuation of rent -producing commercial real property to the Board of Assessment Appeals pursuant to C.R.S. §39-8-108(1) or a denial of an abatement of taxes pursuant to C.R.S. §39-10-114 shall provide to the County Board of Equalization or to the Board of County Commissioners of the County in the case of an abatement, and not to the Board of Assessment Appeals, the following information, if applicable: (A) Actual annual rental income for two full years including the base year for the relevant property tax year; (B) Tenant reimbursements for two full years including the base year for the relevant property tax year; (C) Itemized expenses for two full years including the base year for the relevant property tax year; and (D) Rent roll data, including the name of any tenants, the address, unit, or suite number of the subject property, lease start and end dates, option terms, base rent, square footage leased, and vacant space for two full years including the base year for the relevant property tax year. (II) The petitioner shall provide the information required by subparagraph (I) of this paragraph (a) within ninety days after the appeal has been filed with the Board of Assessment Appeals. (b)(I) The Assessor, the County Board of Equalization, or the Board of County Commissioners of the County, as applicable, shall, upon request made by the petitioner, provide to a petitioner who has filed an appeal with the Board of Assessment Appeals not more than ninety days after receipt of the petitioner's request, the following information: (A) All of the underlying data used by the county in calculating the value of the subject property that is being appealed, including the capitalization rate for such property; and (B) The names of any commercially available and copyrighted publications used in calculating the value of the subject property. (II) The party providing the information to the petitioner pursuant to subparagraph (I) of this paragraph (b) shall redact all confidential information contained therein. (c) If a petitioner fails to provide the information required by subparagraph (I) of paragraph (a) of this subsection (5) by the deadline specified in subparagraph (II) of said paragraph (a), the County may move the Board of Assessment Appeals to compel disclosure and to issue appropriate sanctions for noncompliance with such order. The motion may be made directly by the County Attorney and shall be accompanied by a certification that the County Assessor or the County Board of Equalization has in good faith conferred or attempted to confer with such petitioner in an effort to obtain the information without action by the Board of Assessment Appeals. If an order compelling disclosure is issued under this paragraph (c) and the petitioner fails to comply with such order, the Board of Assessment Appeals may make such orders in regard to the noncompliance as are just and reasonable under the circumstances, including an order dismissing the action or the entry of a judgment by default against the petitioner. Interest due the taxpayer shall cease to accrue as of the date the order compelling disclosure is issued, and the accrual of interest shall resume as of the date the contested information has been provided by the taxpayer. Appeals to the Board of Assessment Appeals must be made on forms furnished by that Board, and must be mailed or delivered within thirty (30) days of the date the denial by the Board of Equalization is mailed to you The address and telephone number of the Board of Assessment Appeals are: Board of Assessment Appeals 1313 Sherman Street, Room 315 Denver, Colorado 80203 Telephone Number: (303) 864-7710 Email: baa@state.co.us Fees for Appeal to the Board of Assessment Appeals: A taxpayer representing himself is not charged for the first two (2) appeals to the Board of Assessment Appeals. A taxpayer represented by an attorney or agent must pay a fee of $101.25 per appeal. OR 2. Appeal to District Court: You have the right to appeal the decision of the Board of Equalization to the District Court of the county wherein your property is located: in this case that is Weld County District Court. A hearing before The District Court will be the last time you may present testimony or exhibits or other evidence, or call witnesses in support of your valuation. If the decision of the District Court is further appealed to the Court of Appeals pursuant to C.R.S. §39-8-108(1), the rules of Colorado appellate review and C.R.S. §24-4-106(9), govern the process. OR 3. Binding Arbitration: You have the right to submit your case to binding arbitration. If you choose this option, the arbitrator's decision is final and you have no further right to appeal your current valuation. C.R.S. §39-8-108.5 governs this process. The arbitration process involves the following: a. Select an Arbitrator: You must notify the Board of Equalization that you will pursue arbitration. You and the Board of Equalization will 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 (i.e. Weld) will select the arbitrator. b. Arbitration Hearing Procedure: Arbitration hearings are held within sixty (60) days from the date the arbitrator is selected, and are set by the arbitrator. Both you and the Board of Equalization are entitled to participate in the hearing. The hearing is informal. The arbitrator has the authority to issue subpoenas for witnesses, books, records documents and other evidence pertaining to the value of the property. The arbitrator also has the authority to administer oaths, and determine all questions of law and fact presented to him. The arbitration hearing may be confidential and closed to the public if you and the Board of Equalization agree. The arbitrator's decision must be delivered personally or by registered mail within ten (10) days of the arbitration hearing. c. Fees and Expenses: The arbitrator's fees and expenses are agreed upon by you and the Board of Equalization. In the case of residential real property, the fess may not exceed $150.00 per case. For cases other than residential real property, the arbitrator's total fees and expenses are agreed to by you and Board of Equalization, but are paid by the parties as ordered by the arbitrator. If you have questions concerning the above information, please call me at (970) 400-4226. Very truly yours, BOARD OF EQUALIZATION LeL� i!"lv:yfG C. Esther E. Gesick Clerk to the Board Weld County Board of Commissioners and Board of Equalization cc: Brenda Danes, Weld County Assessor Brenda Dones, Weld County Assessor Valu • tion Report of Residential Improved Property For County Board of Equalization WHITAKER BRIAN J Petitioner vs. Weld County Assessor's Office Respondent Docket Number: 2019-3096 Parcel Number: 105932000024 Schedule Number: R4646586 Appeal Number: 2008224777 Date: 2019-07-30 Time: 3:00 PM Board: 1 Prepared By Colleen Kentfield Assessor's Office Staff Appraiser Assessor's Indicated Value RESIDENTIAL $445,741 TOTAL: $445,741 1of8 Subject Photo General Description and Market Summary Subject Site and Improvements The subject property is located at 7571 COUNTY ROAD 38 in WELD. The legal description of the property is PT SE4 32-4-67 LOT B REC EXEMPT RE -388 (.21R). The subject is a Frame Vinyl house constructed in 1900. It has 1423 square feet of finished living area above grade. There are 3.00 bedrooms and 1.00 bathrooms. The Assessor has classified the structure as a 1 1/2 Story Fin home of Fair quality construction. 2of8 Market Approach Summary The subject property has been classified as Residential for assessment purposes. Residential property value shall be determined solely by consideration of the Market Approach to Value {39-1-103(5)(a), CRS As required by 39-1-104(10.2), CRS, the market value is determined by utilizing data from the period of one and one-half years immediately prior to June 30th, 2018. If sufficient comparable valuation data is not available within the eighteen -month time period, the assessor shall use market data from the five year period immediately prior to June 30th, 2018. When appropriate, all sales are to be time adjusted to the appraisal date of June 30th, 2018. Although the appraisal date is June 30, 2018, the physical characteristics are reflective of the property as of January 1, 2019. The comparable sales in this report were selected using county records and the Multiple Listing Services. The Weld County Assessor's Office has verified that the comparable sales are arms -length transactions based on review of the Real Property Transfer Declaration, telephone or personal confirmation interviews and physical inspections to confirm property characteristics at the time of sale. DEFINITION OF MARKET VALUE: The most probable price, as of a specified date, in cash, or in terms equivalent to cash, or in other precisely revealed terms, for which the specified property rights should sell after reasonable exposure in a competitive market under all conditions requisite to a fair sale, with the buyer and seller each acting prudently, knowledgeably, and for self interest, and assuming that neither is under undue duress. {The Appraisal Institute} The market value of the property as of June 30th, 2018 is: Assessor's Indicated Value RESIDENTIAL $445,741 TOTAL: $445,741 3of8 8 Comparable 1 Comparable 2 Comparable 3 4of8 8 Comparable 4 Comparable 5 cif 8 ri .fnIi iis$o'.yr1 '1 Ott IIP COMPARABLE 'l 20.287 NOR HMOOi: [' . S LI BJ E!C 7571 COUNTf ROAD 38 , WELD PIatteviiie Fire"ro1d*t e COMPARABLE 6 15152 COUNTY ROAD 13 , WELD L. COMPARABLE 3 5825 COUNTY ROAD 22, COMPARABLE 2 9501 COLORADO BLVD , WELD Lull .lmmm COMPARABLE 4 7491 COUNTY ROAD 73 ; WELD COMPARABLE 5 31142 COUNTY ROAD 15 )hiVELD COMPARABLE 4 7491. COUNTY ROAD 73 . WELD COMPARABLE 5 31142 COUNTY ROAD 28 , WELD i Ai I " C- PA aBLE1 20287 NORTH MOOR DR WELD C9( IT ff r Off _a e' a I: I' 3 iV a 'i° 4 6of8 WELD COUNTY ASSESSOR'S Sales Comparables Market Adjustment Grid Sale Date Sale Price TmAdj Sale Price Parcel Number Account Number Street Address Subject 11/08/1996 $1967000 $0 105932000024 R4646586 7571 COUNTY ROAD 38 TOTALIMPSF TOTALLANDSF NBHDANDEXT OCCUPANCY Built -As Description Quality Condition Year Built Adjusted Year Built Residential SF Baths Basement Sq Feet Basement Finish Basement Walkout Garage - Attached Garage - Detached Bonus Room- Tot SF Land OutBuilding EXCLUDECODEI Ag Land Location 4711.00 0.000000 3251 - 01 Single Family Resid 1 1/2 Story Fin Fair Typical 1900.000000 1940.000000 1423.000000 1.000000 0.000000 0.000000 0.000000 0.000000 360.000000 0.000000 249406.440000 7656.000000 0.000000 0.000000 Location Final Market Value Final Market Value / SF $445,741.00 $94.62 Comp ## 1 04/27/2018 495000.00 493000.00 106124308006 R4691886 20287 NORTHMOOR DR 3184.000000 54886.000000 0084 - 00 Single Family Residenties 2 Story Average Typical 1986.000000 1986.000000 2320.000000 3.000000 784.000000 0.000000 0.000000 552.000000 0.000000 0.000000 104796.750000 5250.000000 0.000000 0.000000 Location $0 $0 $0 $0 $0 $0 $0 ($43,000) $0 ($83,529) ($11,640) ($21,293) $0 $0 ($30,520) $16,063 $0 $144,610 $2,406 $0 $0 $0 $ Adjustment Gross % Adjustment Net % Adjustment Adjusted Sales Price Adjusted Sales Price / SF ($26,903.27) 71.6148% -5.4571% $466,096.73 $98.94 Comp# 2 06/07/2018 670000.00 665000.00 131313100002 R5615886 9501 COLORADO BLVD 3432.000000 0.000000 3231 - 00 Single Family Residenti Ranch 1 Story Fair Typical 1979.000000 1987.000000 2056.000000 4.000000 20 56.000000 2056.000000 0.000000 0.000000 600.000000 0.000000 184568.910000 8513.000000 0.000000 0.000000 Location $0 $0 $0 $0 $0 $0 $0 ($39,500) $0 ($58,945) ($17,460) ($55,841) ($49,858) $0 $0 ($10,709) $0 $64,838 ($857) $0 $0 $0 $ Adjustment Gross % Adjustment. Net %Q Adjustment Adjusted Sales Price Adjusted Sales Price / SF ($168,332.19) 44.8131% -25.3131% $496,667.81 $105.43 Comp # 3 11/01/2017 400000.00 400000.00 131312400004 R8948162 5825 COUNTY ROAD 22 2667.000000 109335.600000 3231 - 00 Single Family ResidentiE Ranch 1 Story Fair Typical 1969.000000 1969.000000 832.000000 2.000000 832.000000 832.000000 0.000000 0.000000 0.000000 0.000000 184910.360000 6169.000000 0.000000 0.000000 Location $0 $0 $0 $0 $0 $0 $0 ($34,500) $0 $55,034 ($5,820) ($22,597) ($20,176) $0 $0 $16,063 $0 $64,496 $1,487 $0 $0 $0 $ Adjustment Gross % Adjustment Net % Adjustment Adjusted Sales Price Adjusted Sales Price / SF $53,987.08 55.0433% 13.4968% $453,98'.08 $96.37 WELD COUNTY ASSESSOR'S Sales Comparables Market Adjustment Grid Sale Date Sale Price TmAdj Sale Price Parcel Number Account Number Street Address Subject 11/08/1996 $196,000 $0 105932000024 R4646586 7571 COUNTY ROAD 38 TOTALIMPSF TOTALLANDSF NBHDANDEXT OCCUPANCY Built -As Description Quality Condition Year Built Adjusted Year Built Residential SF Baths Basement Sq Feet Basement Finish Basement Walkout Garage - Attached Garage - Detached Bonus Room- Tot SF Land OutBuilding EXCLUDECODEI Ag Land Location 4711.00 0.000000 3251 - 01 Single Family Resid 1 1/2 Story Fin Fair Typical 1900.000000 1940.000000 1423.000000 1.000000 0.000000 0.000000 0.000000 0.000000 360.000000 0.000000 249406.440000 7656.000000 0.000000 0.000000 Location Final Market Value Final Market Value / SF $445,741.00 $94.62 Comp ## 4 03/22/2017 435000.00 491680.50 130325400023 R2701904 7491 COUNTY ROAD 73 3507.000000 235224.000000 5206 - 00 Single Family Residenties Ranch 1 Story Average Typical 2008.000000 2008.000000 2007.000000 2.000000 2007.000000 0.000000 0.000000 536.000000 0.000000 0.000000 80153.450000 17796.000000 0.000000 0.000000 Location $0 $0 $0 $0 $0 $0 $0 ($54,000) $0 ($54,382) ($5,820) ($54,510) $0 $0 ($29,635) $16,063 $0 $169,253 ($10,140) $0 $0 ($26,000) $ Adjustment Gross % Adjustment Net % Adjustment Adjusted Sales Price Adjusted Sales Price / SF ($49,171.45) 85.3814% -10.0007% $442,509.05 $93.93 Comp# 5 06/05/2018 530000.00 520000.00 130329200003 87465198 31142 COUNTY ROAD 18 3402.000000 199504.796900 5206 - 00 Single Family Residenti Ranch 1 Story Average Typical 1998.000000 1998.000000 1902.000000 4.000000 1902.000000 1605.000000 0.000000 648.000000 0.000000 0.000000 74660.950000 84 79.000000 0.000000 0.000000 Location $0 $0 $0 $0 $0 $0 $0 ($49,000) $0 ($44,604) ($17,460) ($51,658) ($38,921) $0 ($35,828) $16,063 $0 $174,745 ($823) $0 $0 ($26,000) $ Adjustment Gross % Adjustment. Net %Q Adjustment Adjusted Sales Price Adjusted Sales Price / SF ($73,486.28) 87.5199% -14.1320% $446,513.72 $94.78 Thank you for submitting an appeal to the Weld County Board of Equalization. We will review the information submitted and you will receive a date to appear before the board. Contact Information: Contact Name: laura whitaker Contact Email: flatlanders101@cs.com Contact Phone: 970-290-8756 Appeal Submitted: 10:34 AM July 15, 2019 Appeal submitted for: R4646586 - WHITAKER BRIAN J 7571 COUNTY ROAD 38 , WELD Legal: PT SE4 32-4-67 LOT B REC EXEMPT RE -388 (.21R) Reason: Value Too High - 1: There are no comparables for this home, listed or actual 2: I'd like to discuss the negative effects from Twin View Dairy adjacent to home. 3: and Johnstown/Milliken traffic effects 4: and Semi truck routing onto Road 38 as detour around Johnstown 5: and CR 38 easement expansion . Thanks! I look forward to meeting with you. I will print out and bring any documents to the meeting. Laura Whitaker Estimate of Value: $388,751.00 You have selected the following Date Preferences: Thursday, July 25, 2019, from 9:00 a.m. to 12:00 p.m. Thursday, July 25, 2019, from 1:30 p.m. to 4:30 p.m. Friday, July 26, 2019, from 9:00 a.m. to 12:00 p.m. Friday, July 26, 2019, from 1:30 p.m. to 4:30 p.m. Monday, July 29, 2019, from 3:00 p.m. to 4:30 p.m. ,4<_ Tuesday, July 30, 2019, from 1:30 p.m. to 4:30 p.m. Thursday, August 1, 2019, from 9:00 a.m. to 12:00 p.m. Thursday, August 1, 2019, from 1:30 p.m. to 3:30 p.m. The Appeal process can take several weeks for us to complete. You will receive a written decision on your appeal within five (5) working days of your hearing. We thank you for your submittal. Weld County Board of Equalization 2019-3096 A;5010t5 03 July 25, 2019 Petitioner: WHITAKER BRIAN J 7571 COUNTY ROAD 38 JOHNSTOWN, CO 80534-9223 CLERK TO THE BOARD PHONE (970) 400-4226 FAX (970) 336-7233 WEBSITE: www.weldgov.com 1150 O STREET P.O. BOX 758 GREELEY CO 80632 Agent (if applicable): RE: THE BOARD OF EQUALIZATION 2019, WELD COUNTY, COLORADO NOTIFICATION OF HEARING SCHEDULED Docket 2019-3096, AS0103 Appeal 2008224777 Hearing 7/30/2019 3:00 PM Account(s) Appealed: R4646586 Dear Petitioner(s): The Weld County Board of Equalization has set a date of July 30, 2019, at or about the hour of 3:00 PM, to hold a hearing on your valuation for assessment. This hearing will be held at the Weld County Administration Building, Assembly Room, 1150 O 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, 2019, and mailed to you within five (5) business days. Because of the volume of cases before the Board of Equalization, most cases shall be limited to 10 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 discuss your value with the Assessor's Office, please call them at (970) 400-3650. If you wish to obtain the data supporting the Assessor's valuation of your property, please submit a written request to assessor@weldgov.com. Upon receipt of your written 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, at which time the Assessor will make the data available within three (3) working days, subject to any confidentiality requirements. 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 Esther E. Gesick Clerk to the Board Weld County Board of Commissioners and Board of Equalization cc: Brenda Dones, Assessor Hello