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HomeMy WebLinkAbout20192899.tiffJuly 26, 2019 Petitioner: BACHOFER ROSS 7525 US HIGHWAY 85 FORT LUPTON, CO 80621-8809 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 2019-2899 Appeal 2008224727 Hearing 7/26/2019 10:30 AM 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 R5270886 Adjust - Denied in Part $276,000 $227,000 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 02o/9 -'119g 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 Esther E. Gesick Clerk to the Board Weld County Board of Commissioners and Board of Equalization cc: Brenda Dones, Weld County Assessor Brenda Dones, Weld County Assessor Valuation Report of Residential Improved Property For County Board of Equalization BACHOFER ROSS Petitioner vs. Weld County Assessor's Office Respondent Docket Number: Parcel Number: Schedule Number: Appeal Number: Date: Time: Board: 2019-2899 13093000O048 R5270886 200822472 2019-07-26 10:30AM Prep ared By Hall Taylor Assessor's Office Staff Appraiser Assessor's Indicated Value RESIDENTIAL $276,000 TOTAL: $276,000 Page 1 of 6 Subject Photo General Description and Market Summary Subject Site and Improvements The subject property is located at 7525 HIGHWAY 85 in WELD. The legal description of the property is 16219 PT L6 SW4NE4 30 2 66 LUPTON MEADOWS DIV #3 LYING E OFL6 The subject is a house constructed in 1994. It has 1575 square feet of finished living area above grade. There are 3 bedrooms and 2 bathrooms. The Assessor has classified the structure as Ranch 1 story home of fair quality construction. The home has 1575 square feet of basement which 945 is finished. There is no garage. Page 2 of 6 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 3 0th, 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 3 0th, 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 $276,000 TOTAL: $276,000 Page 3 of 6 Cr20 creee N w COMPARABLE 1 8540 COUNTY ROAD 21 , WELD Cr14.5 52 Nv I O h C" 1 C-3 Cr 14.75 CN C_} Cr12 Cr 20 COMPARABLE 2 14014 COUNTY ROAD 20 , WELD Cr 18.5 Ian SUBJECT 7525 HIGHWAY 85 , WELD z it" c 0 6th St c 4th St 3rd St 2nd St soW its 14th St Dexter St } a d r COMPARABLE 3 4936 COUNTY ROAD 23 , WELD Page 6 of 6 i 2 ith St Cr 16 C, N L 9th St 1st St H 52 Cr, Cr 18 c - 4- -v Dale Av a z C z Higgins Av Lamb Av Good Av Cr14 41 1 a Silverado Ln as U) Cr12 0 N O Ors CN O r (:41i WELD COUNTY ASSESSOR'S Sales Comparables Market Adjustment Grid Subject Sale Date 071106/2000 Sale Price Sit 97,500 TrnAdj Sale Price $197,500 Parcel Number 130930000048 Account Number 85270886 Street Address 7525 HIGHWAY 85 TOTALIMP S F TQTALLANDSF NEC DANDEXT OCCUPANCY Built -As Description Cluarity Goriditt it Year Built Adjusted Yew Built Residential SF Baths Basement Sq Feet Basement Finish Basement Walkout G;arage - Attached Garage - Detached OutBuil dinc.. Bonus Room - Tot SF Land 1575 0.000000 4209- 00 Single Family Resid Ranch 1 Story Fair Typical 1994 1994 1575.00 2.00 1575.0000 945.0000 0 0 0 6712.00 0 2000 Final MarketValue Final Market Val ue / SF $276,000_00 Si 75.24 Cora p #li 1 12128/2016 412500.00 412500.00 131123000040 85422206 8540 COUNTY ROAD 21 3266.00 0.000000 4209 - 00 Single Family Residentia Ranch 1 Story Average Typical 1983 1983 1762.00 2.00 1372.0000 0 0 600.0000 Q 5069,00 0 2000 $0 $O SO $0 $0 $A SO $5,500 so ($11,2413) so $1,135 $17,416 $0 ($32.010) $0 $1,643 SO ($83,857) Adjustment: Grass % Adjustment Net % Adjustment Adjusted Sales Price Adjusted Sales Puce I SF ($98„4111.72) 37.7715% -3.8591% $314,081.28 $199.42 Corp ## 2 114/18/21]18 460000.00 459000.00 130921000066 884.57000 14014 COUNTY ROAD 20 3946.00 109335.60•000 4209 - 00 Single Family Residentia Ranch 1 Story Average Typical 2002 2002 2266.00 3.00 2266.0000 a 0 756.0000 0 7132.00 0 2000 $0 $0 $0 S,0 $0 $0 $0 ($4,000) 50 ($41,557) ($5,820) (514,076) $17,416 50 ($40,333) $0 ($420) $0 (593,677) I $ Adjustment Grp % Adjustment Net % Adjustment Adjusted Sales Price Adjusted Sales Price / SF (5102,665.66) 47.3853% -39.7964% $276,334.34 $175.45 Comp # 3 06106/201.7 620000.00 620000.00 146912200002 86785411 4936 COUNTY ROAD 23 5661.00 137.3446.1300000 4209-00 Single Family Residenti Ranch 1 Story Fair Typical 1973 1973 156+0.00 3.00 1660.0000 1408.0000 0 696.0000 0 23.127.00 a 290«0 $0 SO SO $0 $0 $0 $0 $10,500 $0 (55,112) (55,82°) ($1,731) ($ ,:533) $0 ($37,132) SO ($16A15) SO ($x27,985) $ Adjustment Gross % .Adjustment Net % Adjustment Adjusted Sales Price Adjusted Sales Price ! SF ($392,228.04) 66.6407% -63.2626% $227,771.96 $144.62 Brenda Dones Weld County Assessor 1400 N 17th Ave Greeley, CO 80631 NOTICE OF DETERMINATION RECEIVED VUL. 152019 WELD COUNTY COMMISSIONS Date of Notice: 6/25/2019 Telephone: (970) 400-3650 Fax: (970) 304-6433 Office Hours: 8:00AM - 5:00PM ACCOUNT NO. TAX YEAR TAX AREA LEGAL DESCRIPTION/ PHYSICAL LOCATION R5270886 2019 2240 16219 PT L6 SW4NE4 30 2 66 LUPTON MEADOW S DIV #3 LYING E OF C/L OF S PLATTE RIVE BACHOFER 7525 US HIGHWAY ROSS 85 R SAID C/L DESC AS BEG ON S LINE L6 A DI FORT LUPTON, CO 80621-8809 STANCE OF 610' E OF SW COR L6 N33D54'E 1 90' N59D29'E 470' N50D29'E 262.17' TO E LINE L6 7525 HIGHWAY 85 WELD ASSESSOR'S VALUATION PROPERTY CLASSIFICATION ACTUAL VALUE PRIOR TO ACTUAL VALUE AFTER REVIEW REVIEW RESIDENTIAL 287,570 276,000 TOTAL 287,570 276,000 The Assessor has carefully studied all available information, giving particular attention to the specifics included on your protest. The Assessor's determination of value after review is based on the following: AL02 - The actual valuation of your property has been adjusted based on new information. This may be information you have supplied, corrections of characteristics or additional sales. 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. Tha clnarilinn fnr Wing rnal nrnnnrty annralc it Alt/ 1 c_ The Assessor establishes property values. The local taxing authorities (county, school district, city, fire protection, and other special districts) set mill levies. The mill levy requested by each taxing authority is based on a projected budget and the property tax revenue required to adequately fund the services it provides to its taxpayers. The local taxing authorities hold budget hearings in the fall. If you are concerned about mill levies, we recommend that you attend these budget hearings. Please refer to last year's tax bill or ask your Assessor for a listing of the local taxing authorities. Please refer to the reverse side of this notice for additional information. Agent (If Applicable): 2019-2899 1 5-DPT-AR PR 207-08/13 R5270886 Aso,c3 APPEAL PROCEDURES County Board of Equalization Hearings will be held from July 25th through August 5th at 1150 O Street. To appeal the Assessor's decision, complete the Petition to the County Board of Equalization shown below, and mail, file online, or deliver a copy of both sides of this form to: Weld County Board of Equalization 1150 O Street, P.O. Box 758 Greeley, CO 80631 Telephone: (970) 356-4000 ext, 4225 Online: www.co.weld.co.us/appsl/cboel To preserve your appeal rights, your Petition to the County Board of Equalization must be postmarked or delivered on or before July 15 for real property — after such date, your right to appeal is lost. You may be required to prove that you filed a timely appeal; therefore, we recommend that all correspondence be mailed with proof of mailing. You will be notified of the date and time scheduled for your hearing. The County Board of Equalization must mail a written decision to you within five business days following the date of the decision. The County Board of Equalization must conclude hearings and render decisions by August 5, § 39-8-107(2), C.R.S. If you do not receive a decision from the County Board of Equalization and you wish to continue your appeal, you must file an appeal with the Board of Assessment Appeals by September 10, § 39-2-125(1)(e), C.R.S. If you are dissatisfied with the County Board of Equalization's decision and you wish to continue your appeal, you must appeal within 30 days of the date of the County Board's written decision to ONE of the following: Board of Assessment Appeals District Court 1313 Sherman Street, Room 315 Contact the District Court in the County Denver, CO 80203 where the property is located. See your (303) 866-5880 local telephone book for the address and www.dola.colorado.qov/baa telephone number. Binding Arbitration For a list of arbitrators, contact the County Commissioners at the address listed for the County Board of Equalization. If the date for filing any report, schedule, claim, tax return, statement, remittance, or other document falls upon a Saturday, Sunday, or legal holiday, it shall be deemed to have been timely filed if filed on the next business day, 39-1-120(3), C.R.S. PETITION TO COUNTY BOARD OF EQUALIZATION What is your estimate of the property's value as of June 30, 2018? (Your opinion of value in trms of a t1.7 � � 1, spe ific d•Ilant is r quired for r al prope pursuant tq § 39-8-106(1.5), C.R.S. ` $ • •1 �f- ' ' Q vq/eq/Wh.t is the •asis f your estimate of value or your reason for questing a review? (Please attach ar4r4fnnI chootc nore`.scam end anciinnortinn documentation i^^n--hle sales, rent ro!!, original vwr►r r� yr rvv.r necessary vvv� ti --and any v4p. ✓�r. ♦�� �M .rvvu� r IVY •vw :. �. �. v.. vvI I IN%.ir rw r✓� sales, �� installed cost, appraisal, etc CI C � g'leCi1-19 /26ito 6) 1�(�T�[/�/ U�V/ I I`��` 10O f ce ri a 1471 ATTESTATION I, the undersigned owner or agent' of the property identified above, affirm that the statements contained herein and,o7 any attachmen s h-reto are true and complete. 159 Ti2r2-0(cr gnature ]telephone Number Date Email Address 1 Attach letter of authorization signed by property owner. 15-DPT-AR PR 207-08/13 R5270886 b'recto tue/a1 Q$t�cJoX 7 1 tri told( a of arlano liw2100 lewd 8a63/ rw droI Al Q 3 5 P5, �'�'I Vcr use r�fi�f���i � 1 ��� � l 6 7'0 73 X37 � ✓a /ue /� /JLCr€a9 P , rr ��ey��� 1k�t� li r "ficke � a �i elf/6r���xJt-- -!�'"/� j S�i �V� ro �FS`1`47fa 1, 5gireql,c 'P�',� �!2 f'1?�� , � T^2 WV rm vie gbAe b tro( well ,cre ret,;49, € Af q� nor hoe! °we'1� tPAmg V' ✓A l 5y l 9 fiU cad y _ vi�"� 9 1 � crc e m h� wlv0l cGatly� �t-rt, b(2��fk i ���vail � t rt; .-rhfre re cueec -Pi 9 q n ilVa i711 A- P fie tet 'fel° elqo e o - _ 6nfy ��i�9qeq � r�7�5t �PY I- vect zr 6 v t�of f.oeft/er ' f - - gin et erre, hittcli ue 76\ ��qa I 1-6 iilq � (147€g�S ��c✓e�r5 � �cGr�%r� yoo/ruIe�• � r has hetv(ryy� teat) cplllaq-Q� bity-/� 1l._�FV�f9Y�lf9 l �f� 1Gt r�z q $c�°E� fie!/' 7JV'tfhV 1, ,Yy,'qJn r 4 7o�1 had dOire ()5� �cio-�SOI�.Ts— 5 how, rt-We °ha ce,, i Ai ± gilt/ to f4eir c(bote9 qtair51 fl199 gy 166 7ell - U5165 O /42_ /lc ut t(tcenci ,c IL_ C2cco� q � !:vet etc( ervid 51 plilie, OK90 c , hLecniA) Cfel��f,4rti457Cc I�Pl,. 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Psrri�dcead(� l� an cP �e `� vevf coo �rn tett; - get for reeioPiro� 1 �`5 UN rrro�fk�6le rim 5orvevdt'tlnc1eon/. t• • C o r • • ;i t S I s• 1 a I. 1 'Or ! EN._ W'�� CC.r M.1..�� to �h i��s�e calIt • 1/4 M • TMYI 4 I. I - l. • • p A.: tl k 1W WU awl; • 4.411 • 1 ^ •• r. •s. f'•r • .1-4 .f !.l 1 •4 J 1 7t • • • w • •.• 4as ,4 N • INEIF -....p.•••••••• . ♦.� ',VIP I r.wsnleinet • • • July 22, 2019 Petitioner: BACHOFER ROSS 7525 US HIGHWAY 85 FORT LUPTON, CO 80621-8809 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 2019-2899, AS0103 Appeal 2008224727 Hearing 7/26/2019 10:30 AM Account(s) Appealed: R5270886 Dear Petitioner(s): The Weld County Board of Equalization has set adate ofJuly 26, 2019, atorabout the hour of 10:30 AM, tohold ahearing on your valuation forassessment. This hearing will beheld atthe Weld County Administration Building, Assembly Room, 1150 O Street, Greeley, Colorado. You have aright toattend this hearing and present evidence insupport ofyour petition. The Weld County Assessor orhis designee will be present. The Board will make itsdecision onthe basis of the record made atthe aforementioned hearing, as well as your petition, so itwould be inyour interest tohave arepresentative present. Ifyou plan tobe represented byanagent oranattorney atyour hearing, prior tothe hearing you shall provide, inwriting tothe Clerk tothe Board's Office, an authorization forthe agent orattorney torepresent you.Ifyou donotchoose toattend this hearing, adecision will still bemade bythe Board bythe close ofbusiness onAugust 5,2019, and mailed to you within five (5) business days. Because ofthe volume ofcases before the Board ofEqualization, most cases shall belimited to10 minutes. Also due tovolume, cases cannot be rescheduled Itisimperative that you provide evidence tosupport your position. This may include evidence that similar homes inyour area are valued less than yours oryou are being assessed onimprovements you donothave.Please note The fact that your valuation has increased cannot be your sole basis ofappeaL Without documented evidence as indicated above, the Board will have no choice but to deny your appeal. Ifyou wish todiscuss your value with the Assessor's Office, please call them at(970) 400-3650. If youwish toobtain thedata supporting theAssessor's valuation ofyour property, please submit a written request tcassessor@weldgov.com. Upon receipt oVourwritten request, theAssessor will notify you ofthe estimated cost ofproviding such information. Payment must bemade prior tothe Assessor providing such information, aWhich timetheAssessor willmake thedataavailable within three (3) working days, subject to any confidentiality requirements. Please advise me ifyou decide not to keep your appointment as scheduled. Ifyou 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 Danes, Assessor Hello