HomeMy WebLinkAbout20192723.tiffAugust 6, 2019
Petitioner:
ALLEN BRIAN JAMES
1228 50TH AVE
GREELEY, CO 80634-2224
CLERK TO THE BOARD',
PHONE (970) 400-4226
FAX (970) 336-7233
WEBSITE: www.weldaov.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 2019-2723 Appeal 2008224383 Hearing 8/5/2019
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
R2003986 Stipulated - Approved $344,813 $310,000
Stipulated Value
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
Esther E. Gesick
Clerk to the Board
Weld County Board of Commissioners
and Board of Equalization
cc: Brenda Dones, Weld County Assessor
COUNTY BOARD OF EQUALIZATION
WELD COUNTY
Single County Schedule Number R2003986
STIPULATION (As To Tax Year 2019
RE PETITION OF :
NAME:
ADDRESS:
Brian Allen
Actual Value)
1228 50th Ave
Greeley. CO
80634
Petitioner (s) and the Weld County Assessor hereby enter into this Stipulation
regarding the tax year 2019 valuation of the subject property, and jointly move the
Board of Equalization to enter its order based on this Stipulation.
Petitioner (s) and Assessor agree and stipulate as follows:
1. The property subject to this Stipulation is described as:
GR CCW5-20 L20 BLK5 COUNTRY CLUB WEST
2. The subject property is classified as Residential property.
3. The County Assessor originally assigned the following actual value to the
subject property for the tax year 2019
Total $344,813
4. After further review and negotiation, Petitioner (s) and Weld County Assessor
agree to the following tax year 2019 actual value for the subject property:
Total $310,000
5. The valuation, as established above, shall be binding only with respect to tax
year2019
6. Brief narrative as to why the reduction was made:
Inspected 7.15.19. Home is one of the oldest in the neighborhood and has no
AC. Adding AC would require expensive duct work which could impact
marketability. Negotiated value to the low end of the market grid.
7. Both parties agree that:
[iThe hearing scheduled before the Board of Equalization on
at be vacated.
A hearing has not yet been scheduled before the Board of Equalization.
1
ao�q-��a3
AS0 IO3
DATED this 15th
2019
Petitioner(s) or Agent or Attorney
Address:
day of July
Telephone: 9 76 3 5-2- 0.783
Docket Number R2003986
Stip-1.Frm
(Assistant) County Att rney for
Respondent, Weld County Board of
Commissioners
Address:
1150 "O" Street
P.O. Box 758
Greeley, CO 80632
Telephone:(970) 336-7235
County Assessor
Address:
1400 N.17th Avenue
Greeley, CO 80631
Telephone: (970) 400-3650
2
•
NOTICE OF DETERMINATION
RECEIVED
Brenda Dones
Weld County Assessor
1400 N 17th Ave
Greeley, CO 80631
JUL 1 0 2019
WELD COUNTY
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
R2003986
2019
0600
GR CCW5-20 L20 BLK5 COUNTRY CLUB WEST
1228 50TH AVE GREELEY
PROPERTY OWNER
ALLEN BRIAN JAMES
1228 50TH AVE
GREELEY, CO 80634-2224
PROPERTY
CLASSIFICATION
ASSESSOR'S VALUATION
ACTUAL VALUE PRIOR TO
REVIEW
ACTUAL VALUE AFTER
REVIEW
RESIDENTIAL
344,813
344,813
TOTAL
344,813
344,813
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:
AL01 - Your property has been uniformly valued following Colorado law. Your protest of value has
been denied due to comparison of other similar properties which sold during the Jan 2017 to June
2018 time period.
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.
The deadline for filing real property appeals is July 15.
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):
15-DPT-AR
PR 207-08/13
R2003986
2019-2723
ASO(O3
APPEAL PROCEDU
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/cboe/
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.gov/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 terms of a
specific dollar amount is required for real property pursuant to § 39-8-106(1.5), C.R.S.)
$,3C , eico
What is the basis for your estimate of value or your reason for requesting a review? (Please attach
additional sheets as necessary and any supporting documentation, i.e., comparable sales, rent roll, original
installed cost, appraisal, etc.)
ATTESTATION
I, the undersigned owner or agent' of the property identified above, affirm that the statements contained herein
and on any attachments hereto are true and complete.
97o JS^Z 07 83
Signature
Telephone Number
Email Address
'Attach letter of authorization signed by property owner.
Date
15-DPT-AR
PR 207-08/13
R2003986
2019 Appeal to the County Board of Equalization
Location: 1228 50th Avenue, Greeley, Colorado
Account Number: R2003986
Property Owner: Brian James Allen
In support of my position that my home constructed in 1984 should be valued less
compared to homes that are 11 to 13 years newer, I was able to find a sale of a
home built in 1984 located at 1020 50th Avenue. Unlike my ranch style home, it is
a two-story and significantly larger (2731 vs. 2050 sq. ft.) and with a much larger
basement (1479 vs. 988 sq. ft.).
It sold in February 2017 for $325,000 (time adjusted to $357,825) and valued by
the Assessor for 2019 at $348,202. It is 33% larger (681 additional sq. ft.) than my
home, but only valued less than 1% more ($3,389) than my home.
Taking into account the difference in size, I submit that my home should be valued
at $304,000 (approximately 12% less than the house at 1020 50th Avenue).
Weld County 2019 Property Protest
Location: 1228 50th Avenue, Greeley, Colorado
Account Number: R2003986
Property Owner: Brian James Allen
My home was built 35 years ago and still has the original carpet, wall paper,
interior finish, kitchen appliances (except for the refrigerator), and the original 35
years old boiler for the heating system. It has no air conditioning. While
considered high quality in 1984 when it was constructed, these original features are
now all dated and worn. According to the Weld Assessor's web site, the six
neighborhood sales used as the basis for valuation of my property were all
constructed 11 to 13 years after my home. A search of the Assessor's web site
revealed there were no sales of a ranch style home such as mine that were
constructed in the 1980s. Thus, all of the comparable sales used by the assessor
were significantly newer construction than my home. They all have air
conditioning and newer heating systems. Three of the comps used by the Assessor
have therapy tubs while mine does not. My home has a wood burning fireplace
and not the more modern and convenient gas fireplaces present in four of the
Assessor's comps.
I submit that the Assessor has not adequately considered the fact that my home is
significantly older and lacks the more modern features and finish of the Assessor's
six comps. Accordingly, I estimate the value of my property as of June 30, 2018 to
be $304,000.
WELD COUNTY ASSESSOR
BRENDA DONES
1400 N 17TH AVE
GREELEY, CO 80631
DATE: May 1, 2019
2019 REAL PROPERTY NOTICE OF VALUATION
Phone: (970) 400-3650, Fax: (970) 304-6433 TAXPAYER COPY
Office Hours: 8:00 a.m. - 5:00 p.m. M -F
appeals@weldgov.com
www.weldgov.com
ACCOUNT NUMBER
R1995386
TAX YEAR
TAX AREA CODE PROPERTY DESCRIPTION (MAY NOT BE COMPLETE)
2019 0600 095910107002
P
RO
OW
PN
EE
RR
T
Y
MCCLANAHAN ADAM
1020 50TH AVE
GREELEY CO 80634-1902
CLASSIFICATION
RESIDENTIAL
TOTALS
GR CCW1-2 L2 BLK1 COUNTRY CLUB WEST
PRIOR YEAR ACTUAL VALUE CURRENT YEAR ACTUAL VALUE
302,506
302,506
348,202
348,202
+ OR - CHANGE
+45,696
+45,696
THE PRIOR YEAR TAX ESTIMATE IS $1,804. THE CURRENT YEAR TAX ESTIMATE IS $2,076.
THIS RESULTS IN AN INCREASE OF +$272. THIS ESTIMATE IS BASED ON 2018 TAX RATES. YOU WILL RECEIVE A TAX BILL IN 2020.
The current year tax amount is merely an estimate based upon the best information available. You have the right to protest the adjustment in
valuation, but not the estimate of taxes, 39-5-12 1(1.5). C.R.S.
PROPERTY CHARACTERISTICS
For specific property characteristic details, please see the Building Information and Valuation Information Tabs on your Property Report
at the following URL: www.co.weld.co.us/appsl/propertyportal/.
PLEASE REFER TO THE BACK OF THIS FORM FOR GENERAL INFORMATION CONCERNING YOUR PROPERTY VALUATION AND YOUR APPEAL RIGHTS.
123904
'5/20/2019
Property Report
Weld County
PROPERTY PORTAL
Property Information (970) 400-3650
Technical Support (970) 400-4357
Account: R1995386
May 20, 2019
Account
Parcel
Space
Account
Type
Tax
Year
Buildings
Actual
Value
Assessed
Value
R1995386
095910107002
Residential
2019
1
348,202
25,070
Legal
GR CCW1-2 L2 BLK1 COUNTRY CLUB WEST
Subdivision
Block
Lot
Land Economic Area
COUNTRY CLUB WEST SUB
1
2
COUNTRY CLUB WEST
Property
Address
Property
City
Zip
Section
Township
Range
1020 50TH AVE
GREELEY
10
05
66
Building 1
AccountNo
Building ID
Occupancy
R1995386
1
Single Family Residential
ID
Type
NBHD
Occupancy
Complete
Bedrooms
Baths
Rooms
1
Residential
2100
Single
Family
Residential
100
4
3
9
https://propertyreport.co.weld.co.us/?account=R1995386 1/3
5/20/2019
Property Report
ID
Exterior
Roof Cover
Interior
HVAC
Perimeter
Units
t
Type
Make
1
Frame
Masonry
Veneer
Drywall
Central
Air to
Air
341
0
ID
Square
Ft
Condo
SF
Total
Basement
SF
Finished
Basement
SF
Garage
SF
Carport
SF
Balcony
SF
Porch
SF
1
2,731
0
1,479
0
440
0
0
287
Built As Details for Building 1
ID
Built As
Square Ft
Year Built
Stories
Length
Width
1.00
2 Story
2,731
1984
2
0
0
Additional Details for Building 1
ID
Detail Type
Description
Units
1
Add On
Fireplace Gas Converted
1
1
Appliance
Allowance
1
1
Basement
Bsmnt Conc 8 ft
1,479
1
Fixture
Allowance
1
1
Fixture
Bath 2
1
1
Fixture
Bath 3
1
1
Fixture
Bath 5
1
1
Fixture
Sink Bathroom
1
1
Garage
Attached
440
1
Porch
Slab Roof Ceil
59
1
Porch
Slab Roof Ceil
228
1
Rough In
Rough In
1
https://propertyreport.co.weld.co.us/?account=R1995386 2/3
July 22, 2019
Petitioner:
ALLEN BRIAN JAMES
1228 50TH AVE
GREELEY, CO 80634-2224
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 2019-2723, AS0103 Appeal 2008224383 Hearing 7/25/2019 10:30 AM
Account(s) Appealed:
R2003986
Dear Petitioner(s):
The Weld County Board of Equalization has set adate ofJuly 25, 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
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