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HomeMy WebLinkAbout20192488.tiffJuly 26, 2019 Petitioner: OCHOA GERARDO 310 56TH AVE GREELEY, CO 80634-4243 CLERK TO THE BOARD PHONE (970) 400-4226 FAX (970) 336-7233 WEBS ITE: 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 2019-2488 Appeal 2008224231 Hearing 7/25/2019 8:30 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 R8491100 Deny - Denied in Full $405,054 $405,054 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 Brenda Dones, Weld County Assessor Valuation Report Of Residential Improved Property For County Board of Equalization OCHOA GERARDO Petitioner vs. Weld County Assessor's Office Respondent Docket Number: 2019-2488 Parcel Number: 09 5903224046 Schedule Number: 88491100 Appeal Number: 2008224231 Date: 2019-07-25 Time: 9:00 AM Board: 1 Prepared By Duane M Robson Assessor's Office Senior Appraiser Assessor's indicated Value RESIDENTIAL $405,054 TOTAL: Page 1 of 6 405,054 Subject Photo General Description and Market Summary Subject Site and Improvements The subject property is located at 310 56TH AVE in GREELEY. The legal description of the property is GR 2CRKF L46 BLK1 COTTESMORE RESERVE AT KELLY FARM 2ND FG. The subject is a Frame Siding house constructed in 2000. It has 2402 square feet of finished living area above grade. There are 4.00 bedrooms and 4.00 bathrooms. It has a 1,374 square foot basement of which all is finished. It also has a 540 square foot attached garage. The Assessor has classified the structure as a 2 Story home of Average quality construction. A physical inspection of the home was performed on July 10th, 2018. 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 $405,054 TOTAL: $40 5,0 54 Page 3 of 6 Time Adjusted Sales Prices By law, sales prices are time adjusted to the appraisal date of June 30, 2018. An adjustment for time is made if during the sales collection period of January 2017 to June 30, 2018 the sale prices of properties have appreciated or depreciated due to inflation or deflation. We refer to the adjustment as a 'time' adjustment. If market conditions have not changed, no adjustment is required even though considerable time may have elapsed. <C.RSS. 39-1-10 ...said level of value shall be adjusted to the final day of the data -gathering period.} Sales and resales of the same or similar properties are a good indication of the changes in market conditions over time. In addition, we run simple linear regression where we graph the sales and the month the sale occurred to indicate the trend of the market. This trend is tracked as a monthly rate of change. Since we consider one of the most important aspects of market value to be location, we determine our time trends by location, also known as economic area or neighborhood, and by the use of the property (vacant land, residential, commercial). NBHD 2110 165 Sales Trend Applied was .785% a month NIJHD:. 2110 O C 140 1.20 1.00 80 C 0 0 O 0 �' O 0 O 0 C C 0 O O o o 1 1020 15.00 5.00 0 0 0 0 O 0 0 0 O O O 0 0 8 O 0 0 0 O O oO 0 O 0 C TIMEINTV Page 4 of 6 0 p Q <J C C O 0 0 0 0 Po Linear r 0 334 T 5.00 20.00 a S igt S 'I a end St 1 VI 3rd St 4th St cam PARABLE 2 113 5611-1 AVE., €REELE? C C M PAP.4BLE 1 306 56TH AVE , E REELEY side - r_ Page 6 of 6 COMPARABLE 3 307 541H AVE , GRE ELEY SUBJECT 310 56TH AVE , GREELEY I. WELD COUNTY ASSESSOR'S Sales Comparables Market Adjustment Grid Sale Date Sale Price TmAdj Sale Price Parcel Number Account Number Street Address Subject 04/30/2019 $399,900 $399,900 095903224046 88491100 310 56TH AVE TOTALIMPSF TOTA'LLANDSF NBHDANDEXT OCCUPANCY Built -As Description Quality Condition Year Built Adjusted Year Built Residential SF Baths Basement So Feet Basement Finish Basement Walkout Garage - Attached Garage - Detached Land OutBuilding Bonus Room Ag Land EXCLU DECOR E1 - Tot SF 2402.000000 10593.000000 2110 -00 Single Family Resid' 2 Story Average Typical 2000.000000 2000.000000 2402.000000 4.000000 1374.000000 1374.000000 0.000000 540.000000 0.000000 70000.000000 0.000000 0.000000 0.000000 0.000000 Final Market Value Final Market Value / SF $405,054.00 $168.63 Comp # 1 02/10/2017 345000.00 390988.50 095903224045 88491000 306 56TH AVE 2431.000000 10018.800000 2110-00 Single Family Residentie 2 Story Average Typical 2004.000000 2004.000000 2431.000000 4.000000 1218.000000 1073.000000 0.000000 542.000000 0.000000 70000.000000 0.000000 0.000000 0.000000 $0 $0 $0 $0 $0 $0 $0 ($2,000) $0 ($2,233) $0 $3,432 $6,020 $0 ($114) $0 $0 $0 $0 $0 $0 $ Adjustment Gross % Adjustment Net % Adjustment Adjusted Sales Price Adjusted Sales Price 1 SF $5,105.00 3.5293% 1.3057% $396,093.50 $164.90 Comp # 2 10/27/2017 334100.00 355682.86 095903225007 R8491800 113 56TH AVE 1987.000000 7701.000000 2110 - 00 Single Family Residentie 2 Story Average Typical 2002.000000 2002.000000 1987.000000 3.000000 859.000000 0.000000 0.000000 611.000000 0.000000 70000.000000 0.000000 0.000000 0.000000 $0 $0 $0 $0 $0 $0 $0 ($1,000) $0 $31,955 $6,000 $11,330 $27,480 $0 ($4,047) $0 $0 $0 $0 $0 $0 $ Adjustment Gross % Adjustment Net % Adjustment Adjusted Sales Price Adjusted Sales Price I SF $71,718.00 23.0014% 20.1635% $427,400.86 $177.94 Comp # 3 04/25/2017 350000.00 390495.00 095903210006 R7498598 307 54TH AVE 1982.000000 9053.000000 2110 - 00 Single Family Residentie 2 Story Average Typical 2001.000000 2001.000000 1982.000000 4.000000 916.000000 798.000000 0.000000 682.000000 0.000000 70000.000000 0.000000 0.000000 0.000000 $0 $0 $0 $0 $0 $0 $0 ($500) $0 $32,340 $0 $10,076 $11,520 $0 ($8,094) $0 $0 $0 $0 $0 $0 $ Adjustment Gross % Adjustment Net % Adjustment Adjusted Sales Price Adjusted Sales Price if SF $45,342.00 16.0130% 11.6114% $435,837.00 $181.45 7/10/2019 111 53rd Ave, Greeley, CO 80634 I MLS# 834638 I Redfin Sign n 111 53rd Ave Greeley, CO 80634 329,9 0 3 2 2,634 Sq. Ft. Last Sold Price Beds Baths $128 / Sq. Ft. Built: 2000 Lot Size: 7,743 Sq. Ft. Sold On: Nov 21, 2017 Status: Sold Is IhisYourHomo? Track this home's estimate & nearby sales activity https://www.redfin.com/CO/Greeley/111-53rd-Ave-80634/home/35400846 1/19 7/10/2019 106 53rd Ave Ct, Greeley, CO 80634 I MLS# 843937 I Redfin Sign in 53rd , ,ve Ct Greeley, CO 80634 $335OIO 3 3 27703 Sq. Ft. Last Sold Price Beds Baths S136 / Sq. Ft. Built: 2000 Lot Size: 9,093 Sq. Ft. Sold On: Apr 23, 2018 Status: Sold .r . u._sc::b:''we...:M4Y•n+r'nt^'" r•v'K :S.. • Is This Your I _ tome? Track this home's estimate Sc nearby sates activity https://www.redfin.com/CO/Greeley/106-53rd-Ave-Ct-80634/home/35400842 1/19 7/10/2019 307 54th Ave, Greeley, CO 80634 1 MLS# 810918 I Redfin Sign in 317 54th Ave Greeley, CO 80634 $350,000 i 3 4 2,944sq.Ft. Last Sold Price Beds Baths 5142 / Sq. Ft. Built: 2001 Lot Size: 9,053 Sq. Ft. Sold On: Apr 27, 2017 Status: Sold Is This Your Hom Track this home's estimate 84 nearby sales activity • 1 https://www.redfin.com/CO/Greeley/307-54th-Ave-80634/home/35400821 1/20 7/10/2019 205 56th Ave, Greeley, CO 80634 I MLS# 819840 I Redfin Sign in •j''s ox.„ % • +py ��..° ... • NQ t •O.., s •l' 205 56th Ave Greeley, CO 80634 $335,000 Last Sold Price 5 Beds 4 Baths Built: 2000 Lot Size: 7,700 Sq. Ft. Sold On: Jul 7, 2017 Status: Sold • • 'b s -f;• 'N. .•� • t I Due. ` %i• tt G•' a err • • •¢• Ta, T .4•• :•.p ii, 41 b • ate ` • :"� r � "a kU ` a? • A. „,,,A,,,,,,..? e- t S a A Y✓a °fly •� •f(�']5 4...tLl �1 M" 'c "yea YT •'• 4t: • i' .• y o ° "d Faa a a ° L Lnib (p d•FFy *Zs •Lt r 44 r D .. A .� • iatix .4 a a u`.`';�"y'v •A•,f1 any- g• • r d, • ". 644 • a - "4 ea i• .••� s M. , 'er i Id It I, •s a ,,ar .' P %. APT "S a c • i • j; ,r sie a.�` A • .. A w 'a� A • 8 N 4.. •i •. W •••• 4 • • '93..} ay f.. e,a > a fir. P.• ?, Y -14-14 se b• is This Your Ho 7 el .. e ,. c? 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Contact Information: Contact Name: Gerardo Ochoa Contact Email: jochoa301@yahoo.com Contact Phone: 808-230-3572 Appeal Submitted: 03:32 PM June 27, 2019 Appeal submitted for: R8491100 - OCHOA GERARDO 310 56TH AVE, GREELEY Legal: GR 2CRKF L46 BLK1 COTTESMORE RESERVE AT KELLY FARM 2ND FG Reason: Value Too High - Similar Properties: 720 51st ave Greeley ($303,000), 8751 w 15th st rd Greeley, Co ($307,000) 1565 88th ave ct Greeley, Co ($312,000) Estimate of Value: $310,000.00 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. 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 2019-2488 A3OtO3 July 24, 2019 Petitioner: OCHOA GERARDO 310 56TH AVE GREELEY, CO 80634-4243 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 2019-2488, AS0103 Appeal 2008224231 Hearing 7/25/2019 8:30 AM Account(s) Appealed: R8491100 Dear Petitioner(s): The Weld County Board of Equalization has set a date of July 25, 2019, at or about the hour of 8:30 AM, 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 ofyour 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