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Home My WebLink About20192917.tiffJuly 26, 2019 Petitioner: Kevin Papachek 909 N 7TH PL JOHNSTOWN , CO 80534-8905 CLERK TO THE BOARD PHONE (970) 400-4226 FAX (970) 336-7233 WEBS ITE: www.weldqov.com 1150 0 STREET P.O. BOX 758 GREELEY CO 80632 Agent (if applicable): RE: THE BOARD OF EQUALIZATION 2019, WELD COUNTY, COLORADO NOTICE OF DECISION Docket 2019-2917 Appeal 2008224755 Hearing 7/26/2019 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 R1261197 Deny - Denied in Full $404,662 $404,662 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 7201 � - X9i 7 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 CLCc. �.L�LJIG'C 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 Valu • tion Report Of Residential Improved Property For County Board of Equalization PAPACHEK E KEVIN Petitioner vs. Weld County Assessor's Office Respondent Docket Number: 2019-2917 Parcel Number: 105905201063 Schedule Number: R1261197 Appeal Number: 2008224755 Date: 2019-07-26 Time: 3:00 PM Board: 1 Prepared By Colleen Kentfield Assessor's Office Staff Appraiser Assessor's Indicated Value RESIDENTIAL $404,662 TOTAL: $404,662 Page 1 of 6 Subject Photo General Description and Market Summary Subject Site and Improvements The subject property is located atN The legal description of the property is The subject is a Frame Vinyl house constructed in 1996. It has 1840 square feet of finished living area above grade. There are 3.00 bedrooms and 3.00 bathrooms. The Assessor has classified the structure as a Ranch 1 Story home of Average quality construction. Page 2of6 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 3 0th, 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 $404,662 TOTAL: $404,662 Page 3of6 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.R.S. 39-1-104...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). This neighborhood had 19 sales with a time trend of .695% per month. 190- 1.10- 50- SALERATI 1.20" 0 0 0 g 1.1©� 0 0 so- 50H 3 C 8 0 O O 0 e C Rztimer -0.586 .00 5.00 10.00 16.00 201.00 25.00 Page 4of6 TIMEINTY R COMPARABLE .3 .102 N 4TH ST , JOHNSTOWN WeeOW:0 or • GO M PARABLE 1 918 N 7TH ST , JOHNSTOWN .' 1 k _ `has - SUBJECT 909 N 7TH PL , JOHNSTOWN COMPARABLE 2 902 N 7TH PL , JOHNSTOWN ryd Page 6of6 WELD COUNTY ASSESSOR'S Sales Comparables Market Adjustment Grid Sale Date Sale Price TmAdj Sale Price Parcel Number Account Number Street Address Subject 08/12/2005 $250,000 $250,000 105905201063 R1261197 TOTALIMPSF TOTALLAN DSF 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 Land OutBuilding Bonus Room - Tot SF Ag Land EXCLUDECODE1 1840.000000 12742.000000 0073 - 00 Single Family Resid Ranch 1 Story Average Typical 1996.000000 1996.000000 1840.000000 3.000000 878.000000 878.000000 0.000000 896.000000 0.000000 85000.000000 0.000000 0.000000 0.000000 0.000000 Final Market Value Final Market Value / SF $404,662.00 $219.92 Corp # 1 04/30/2018 380000.00 385282.00 105905201062 R1261097 N 918 7TH ST 1474.000000 10064.000000 0073 - 00 Single Family Residentia Ranch 1 Story Average Typical 1997.000000 1997.000000 1474.000000 3.000000 1428.000000 1311.000000 0.000000 746.000000 0.000000 85000.000000 0.000000 0.000000 0.000000 0.000000 $0 $0 $0 $0 $0 $0 $0 ($500) $0 $25,620 $0 ($12,100) ($8,227) $0 $8,550 $0 $0 $0 $0 $0 $0 $ Adjustment Gross % Adjustment Net % Adjustment Adjusted Sales Price Adjusted Sales Price / SF $13,343.00 14.2745% 3.4632% $398,625.00 $216.64 Comp # 2 05/04/2017 400000.00 437680.00 105905201023 89254697 N 902 7TH PL 1428.000000 14213.000000 0073 - 00 Single Family Residentia Ranch 1 Story Average Typical 1998.000000 1998.000000 1428.000000 3.000000 1402.000000 1402.000000 0.000000 528.000000 0.000000 85000.000000 0.000000 0.000000 0.000000 0.000000 $0 $0 $0 $0 $0 $0 $0 ($1,000) $0 $28,840 $0 ($11,528) ($9,956) $0 $20,976 $0 $0 $0 $0 $0 $0 $ Adjustment Gross % Adjustment Net % Adjustment Adjusted Sales Price Adjusted Sales Price / SF $27,332.00 16.5189% 6.2447% $465,012.00 $252.72 Comp ## 3 04/27/2017 419000.00 439618.20 105905329004 R7181598 N 1102 4TH ST 1764.000000 11700.000000 0073 - 00 Single Family Residentia Ranch 1 Story Average Typical 1998.000000 1998.000000 1764.000000 3.000000 1746.000000 1554.000000 0.000000 722.000000 0.000000 70000.000000 0.000000 0.000000 0.000000 0.000000 $0 $0 $0 $0 $0 $0 $0 ($1,000) $0 $5,320 $0 ($19,096) ($12,844) $0 $9,918 $0 $15,000 $0 $0 $0 $0 $ Adjustment Gross % Adjustment Net % Adjustment Adjusted Sales Price Adjusted Sales Price / SF ($2,702.00) 14.3711% -0.6146% $436,916.20 $237.45 RESIDENTIAL NOTICE OF DETERMINATION R HVED Brenda Dones Weld County Assessor 1400 N 17th Ave Greeley, CO 80631 R1261197 2019 0568 PAPACHEK KEVIN O19 WELD COUNTY COMMISSIONERS Date of Notice: 6/25/2019 Telephone: (970) 400-3650 Fax: (970) 304-6433 Office Hours: 8:00AM - 5:00PM 404,662 404,662 404,662 404,662 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 y dis gree with the Assessor's decision, you have the right to appeal to the County oard of Equalization for further considerati n, § 39-8-106(1)(a), C.R.S. The deadline for filing real property appeals is -July lb. 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): 2019-2917 15-DPT-AR PR 207-08/13 R1261197 ,!\ County Board of Equalization Hearings will be held from July 25th through August 5th at 1150 O Street. To appeal the Assessors 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/appsllcboe/ o preserve your appeal rights, your Petition tthe County Board of Equalization must be postmarked or delivered on sr 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 recimmend that all correspondence be m died 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 d cisi• n. The County Zoard 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. C, If you /Ire dissatisfied with the County Board of Equalization's decision and you wish to continue your appeal, you mu& * ppeal within 30 days of the date of the County B• ard's written decision to ONE of the following: and of Assessment Appeals 1313 Sherman Street, Room 315 Denver, CO 80203 (303) 866-5880 www.dola.colorado.govlbaa 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. (, District Court Contact th District Court in the County where the property is located. See your local telephone book for the address and telephone number. ........... 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.) $ 3;l0oOC7 What is lhe basis foryour estimate of value oryour reason for requesting a review? (Please attach 4 � additional sheets as necessary and any supporting documentation, i.e., comparable sales, rent roll, original install d cost, appraisal, etc.) Az tie I, the undersigned owner or agent' of the property identified above, affirm that the statements contained herein and on, a yttachments hareta ars..true and complete. 0 , , ....6--- gnature Email Address 2L-) Telephone Number 7/77//i.(79/725,/-/-;__ ro/77-2 1 Attach letter of authorization signed by property owner. /7 Date 18-DPT-AR PR 207-08/13 R1261197 Office of Weld County Assessor 1400 N 17"' Ave Greeley, CO 80631 To whom it may concern: In Re: R1261197 I do not agree with your denial of my appeal. I also know you will deny this appeal. I look forward in moving forward in this process. I believe your system is either flawed or the people using your system are not properly using the system. Maybe it is both? I believe there is no rhyme or reason to some of the valuations you have done in my area. I also believe my area is not the only one. I look forward to moving on to the next step of this appeal process. On the next page are the examples I sent in with my initial appeal. I think they are valid and send them to you again. Kevin Papachek I received my 2019 Real Property Valuation Notice and disagree with the valuation that has been assigned to my residence at My residence has a prior year evaluation of $295,000 and a current valuation of $404,662, an increase of $109,662 which is over a 37% increase from the prior valuation. I would like to point out some items that I believe are relevant in determining the value of my residence as of June 30, 2018. They are listed as follows: 1. My residence at has a lot size of of an acre and the square footage is 2. The residence located at across the street from ours has a prior year valuation of $285,110 and a current year valuation of $364,551. Their lot size is 3 of an acre and their square footage is An increase of $79,441 or 27.9%. In addition, the residence at was totally remodeled prior to being sold to the current owners. The current owners also paid $400,000 for the residence on May 4, 2017, and is only valued at $364,551. 3. The residence located at has a prior year valuation of $292,504 and a current valuation of $352,972, an increase of $60,468 or 20.1%. The current owners purchased the residence on April 27, 2017 for $330,000. The square footage of this residence is and their lot is o26S of an acre. This residence is located approximately 1500 feet from my residence. 4.The residence located at has a prior year evaluation of $333,252 and a current evaluation of $375,946. An increase of $42,693 or 12.8%. This residence has a square footage of 3606 and the lot is .211 of an acre. This residence is located approximately 2,000 feet from my residence. I hope that you will see that based on the information I have provided that an increase in value of over 37% ($109,662) is not in line with other properties like mine in my area. I believe that my property should be valued at $320,000. July 22, 2019 Petitioner: PAPACHEK KEVIN 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 2019-2917, AS0103 Appeal 2008224755 Hearing 7126/20193:00 PM Account(s) Appealed: R1261197 Dear Petitioner(s): The Weld County Board ofEqualization has setadate ofJuly 26, 2019, atorabout the hour of3:00 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 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 you wish 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