HomeMy WebLinkAbout20193833.tiffRECEIVED
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PETITION TO STATE BOARD OF ASSESSMENT APPEALS
1313 Sherman Street, Suite 315 Phone: (303) 864-7710 WELD COUNTY
Denver, Colorado 80203 Email: baa@state.co.us COMMISSIONERS
Date:
8/16/19
Property Owner: Kelly and Denise Hazzard
Subject Property: 6740 Alexander Drive Windsor
Street Address City
Schedule Number(s): R6849697
Attach separate sheet if necessary
Appeals the decision of the Weld
County
E Board of Equalization
❑ Board of Commissioners
❑ State Property Tax Administrator
For Office Use Only
Docket No.
Fee: Y N
Check/Credit Card H
P
H
Dated: 7/26/19
This appeal concerns: LI Valuation ❑ Refund/Abatement ❑ Exemption ❑ State Assessed Tax Year: 2019
The subject property is currently classified as:
ID Agricultural ❑ Commercial ❑ Mixed -Use ❑ Oil & Gas ❑ Non -Exempt (or Partially Non -Exempt)
❑Vacant Land EI Residential ❑ State Assessed 0 Personal Property ❑Other:
The subject property should be classified as (if different than the current classification):
Actual value assigned to subject property: $661 789 Petitioner's estimate of value: $597,340
Estimated time for Petitioner to present the appeal: 45 minutes or hours.
Not less than 30 minutes. Board will allow equal time to County or Property Tax Administrator.
Appearance:
E Petitioner will be present at the hearing E I Petitioner will appear by telephone
OPetitioner will be represented by an agent Petitioner is responsible for calling the Board at 303-864-7710
❑ Petitioner will be represented by an attorney on the scheduled date and time of the hearing (Mountain Time Zone)
0 Petitioner would like to appear by video conference
Petitioner must contact the Board at 303-864-7710 at least 21 days in advance
of the scheduled hearing to confirm availability of video conference equipment.
If the property owner is an entity, it must appear under the representation of an attorney licensed in Colorado except as follows: A closely held entity
may be represented by an officer of the entity as long as the amount in controversy does not exceed $15,000, exclusive of costs, interest or statutory
penalties. A closely held entity can have no more than three owners. See Section 13-1-127, C.R.S. A closely held entity that will be represented by
an officer of the entity must provide a letter to the Board with this petition stating that it has no more than three owners and that the tax
amount at issue does not exceed $15,000. A trust filing a petition may be represented by a trustee, an attorney or an agent.
Filing Fee: Cash is not accepted
None Petitioner is appearing pro se (self -represented) and has not filed more than two petitions with the Board
of Assessment Appeals during this fiscal year (July 1 — June 30).
❑$33.75 Petitioner is appearing pro se (self -represented) and has filed more than two petitions with the Board of
Assessment Appeals during this fiscal year (July 1 — June 30).
0 $101.25 Petitioner will be represented by an agent or by an attorney.
In the space below, please explain why you disagree with the value assigned to the subject property:
See Attachment #1
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Required attachments to this form:
EAssessor's or Property Tax Administrator's Notice of Valuation or Notice of Denial
E Decision of County Board of Equalization, County Board of Commissioners or Property Tax Administrator
Attachments required under certain circumstances:
❑A notarized Letter of Authorization if an agent will be representing Petitioner
❑A list of names, last known addresses and telephone numbers of co -owners or parties directly interested in the subject
property if applicable.
Certificate of Service
I hereby certify that a true and correct copy of the foregoing Petition to the State Board of Assessment Appeals and
attachments were mailed, or hand delivered to:
Weld
0 Board of Equalization
❑ Board of Commissioners
County ❑ State Property Tax Administrator
at the following address: P.O Box 758 Greeley, CO 80632
on 8/20/19
Date
I hereby certify that a true and correct copy of the foregoing Petition to the State Board of Assessment Appeals and
attachments were mailed, or hand delivered to all co -owners or parties directly interested in the subject property
on 8/20/19
Date
I hereby certify that four (4) true and correct copies of the foregoing Petition to the State Board of Assessment Appeals
and attachments were mailed or hand delivered to the Board of Assessment Appeals at 1313 Sherman Street, Suite 315,
Denver, CO 80203
on 8/20/19
Date
PETITIONER'S MAILING ADDRESS IS REQUIRED EVEN IF PETITIONER IS REPRESENTED BY AN AGENT OR ATTORNEY
Signature of Agent ❑ or Attorney': S'
Printed Name
Mailing Address
Pr nted - e
Kelly - : zard
Mailing Address
6740 Alexander Drive Windsor, CO 80550
City, State, Zip Code City, State, Zip Code
Telephone: Telephone: 970-674-9646
E -Mail:
Daytime number
E -Mail: kdhazzard@techmolded.com
It is the Petitioner's responsibility to notify the BAA of any
change of address.
Petitioners are strongly encouraged to read the Instructions and Rules of the Board of Assessment Appeals prior to
completing this Petition Form. The Instructions and Rules are available on the internet at www.dola.Colorado.uov/uL; or
may be requested by phone at 303-864-7710.
Attachment #1
Weld County used the sales of four "comparable" properties (listed below) to value our property.
All four properties have finished basements, which we do not. Weld County has placed a value of a finished basement at
$20/SF. We have talked with several contractors and have received verbal estimates to finish our basement. Their written
estimates will not be available by the time we must file this appeal. Their estimates range from $100 to $150/SF. The
consensus from these two contractors is the cost of finishing a basement runs half the cost of finishing the main level.
Below are two examples of applying this ratio to the comparable properties.
Acct #R0744886
6760 Rodney Street, Windsor, CO
2457/SF Main Floor
2457/SF Finished Basement x 50% = 1228.5/SF
2457 + 1228.5 = 3685.5/SF
Sale Price $625,000 divided by 3685.5/SF = $169.61/SF
Acct #R6850197
6650 Alexander Drive, Windsor, CO
2270/SF Main Floor
1259/SF Finished Basement x 50% = 629.5/SF
2270 + 629.5 = 2899.5/SF
Sale Price $615,000 divided by 2899.5/SF = $212.11/SF
The next two comparable properties not only have finished basements, they have large outbuildings. We have talked with
several neighbors who have recently constructed large outbuildings on their properties. One of the neighbors is at 6735
Alexander Drive which Weld County is using a comparable property. They are telling us that the cost to construct a building
costs $50 to $70/SF. The examples below will not only show an adjustment for the finished basements, but also the cost
of the outbuildings.
Acct #R6848697
6735 Alexander Drive, Windsor, CO
2322/SF Main Floor
1318/SF Finished Basement x 50% = 659/SF
2322 + 659 = 2981/SF
1672/SF Outbuilding x $60/SF = $100,320
Sale Price $750,000 - $100,300 (outblding) _ $649,680 divided by 2981/SF = $217.94/SF
Note: This property's actual taxed value is at $643,068, which is $106,932 less than what the home sold for. Yet, we
are being compared to this home at the $750,00 sale price. Using this value their price per SF would be $182.07/SF
Acct #R6796397
37503 Lee Lake Ave, Windsor, CO
2367/SF Main Floor
2367/SF Finished Basement x 50% = 1168.5/SF
2367 + 1168.5 = 3535.5/SF
2400/SF Outbuilding x $60/SF = $144,000
Sale Price $720,000 - $144,000 (outblding) = $576,000 divided by 3535.2/SF = $162.92/SF
Note: This property's actual taxed value is at $710,433. Using this value their price per SF would be $160.21/SF.
The average of the four adjusted property sale price values are $190.64/SF.
Our home has 2951/SF on the main floor. By using the average adjustment, our home would be valued at $562,579.
Our basement averages 766.5/SF more than the comparable properties. At $22/SF that would equal $16,863.
Our garage averages 314/SF more than the comparable properties. At $57/SF that would equal $17,898.
The total value of our property with adjustments:
2951/SF Main Floor at $190.64/SF = $562,579
766.5/SF Basement Adj. at $22/SF = $16,863
314/SF Garage Adj. at $57/SF = $17,898
Total Estimated Value $597,340
At the time of the hearing, or prior to, we would like to submit two written estimates for finishing our basement and one
estimate for the construction of an outbuilding similar to the properties we are being compared to. We will contact you
prior to the hearing with these written estimates.
Thank you for your time and consideration,
Kelly and Denise Hazzard
6740 Alexander Drive
Windsor, CO 80550
#R6849697
2019 REAL PROPERTY NOTICE OF VALUATION
This is a condensed version of your Notice of Valuation. See your entire Notice of Valuation, a
complete property report, further details on the appeal process, sales data used for the valuation cycle,
and a protest filing application at: www.co.weld,co.us/apps1/propertvportal/. The assessment rate for
residential property is projected to be 7.2%. Generally, all other property is assessed at 29%.
Your property was valued as it existed on January 1, 2019 using appraisal data from the period ending
June 30, 2018.
Account No:
R6849697
Property Address/Description
WIN AE L14 ALEXANDER ESTATES
Classification
RESIDENTIAL
Total
Prior
569,439
569,439
Current Difference
661,789 +92,350
661,789 +92,350
THE PRIOR YEAR TAX ESTIMATE IS $3,703. THE CURRENT YEAR TAX ESTIMATE IS $4,303.
THIS RESULTS IN AN INCREASE OF +$600. THIS ESTIMATE IS BASED ON 2018 TAX RATES. YOU WILL RECEIVE A
TAX BILL IN 2020.
If you are unable to view your Notice of Valuation online, please call us at 970-400-3650.
If, after filing an appeal with the Assessor you do not agree with the Notice of Determination (NOD), or you do not
receive a NOD, you may file a written appeal with the County Board of Equalization on or before July 15, 2019.
❑ Check here if new address
PLACE
STAMP HERE
Post Office will
riot deliver
without proper
postage.
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Weld County Assessor
1400 N. 17th Ave
Greeley, CO 80631
20039
I
July 26, 2019
Petitioner:
HAllARD KELLY
6740 ALEXANDER DR
WINDSOR, CO 80550-2550
CLERK TO THE BOARD
PHONE (970) 400-4226
FAX (970) 336-7233
WEBSITE: www.weldgov.corn
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 2019-2892 Appeal 2008224713 Hearing 7/25/2019 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
R6849697 Deny - Denied in Full
$661.789 $661,789
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 ono 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
dZ%L
y
Esther E. Gesick
Clerk to the Board
Weld County Board of Commissioners
and Board of Equalization
cc: Brenda Dones, Weld County Assessor
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