HomeMy WebLinkAbout20172278.tiffAugust 9, 2017
Petitioner:
UPHAM JON B
11687 MONTGOMERY CIR
LONGMONT, CO 80504-5202
CLERK TO THE BOARD
PHONE (970) 400-4226
FAX (970) 336-7233
WEBSITE: www.co.weld.co.us
1150 O STREET
P.O. BOX 758
GREELEY CO 80632
Agent (if applicable):
RE: THE BOARD OF EQUALIZATION 2017, WELD COUNTY, COLORADO
NOTICE OF DECISION
Docket #: 2017-2278 Appeal #: 2008216888 Hearing Date:
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. Section 39-8-101 et seq., considered
petition for appeal of the Weld County Assessor's valuation of your property described above, for the year
2017.
Account # Decision
The Assessment and valuation is set as follows:
Actual Value as Actual Value as Set by
Determined by Assessor Board
R0040001 Stipulated - Approved
Stipulated Value
$477,312 $465,000
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. Section 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, 2016, MUST comply with the
following provisions of C.R.S. Section 39-8-107(5):
(5)(a)(I) On and after August 10, 2011, 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 section 39-8-108(1) or a denial of an abatement of taxes pursuant to section 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. Section 39-8-108(1), the rules of Colorado appellate
review and C.R.S. Section 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. Section 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,
e‘a?6,./.d
Esther E. Gesick, Clerk to the Board
Weld County Board of County Commissioners
and Board of Equalization
Cc: Christopher Woodruff, Weld County Assessor
r
COUNTY BOARD OF EQUALIZATLON
WELL] COUNTY
Siingic County Schedule Number R0041100
STIPN IC.ATION (As To Tax Year._2017_ Actual Value)
R1{ PETITION OF : R0040001
NAME: Jon and Kathryn I 1pham
ADDRESS: 11687 Montgomery Circle
Longmont, CO
Petitioner and the Weld County Assessor hereby enter into this. Stipulation
regarding the tax year 2017 valuation of the subject property, and jointly move the Board
of Equalization to enter its order based on this Stipulation.
Petitioner and Assessor agree and stipulate as follows:
1. The property subject to this Stipulation is described as:
2EMV L5 111.K.15 ELMS AT MEADOW VALE 2ND PG
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 2017:
Total 5477,312.00
4. Aber further review and negotiation, Petitioner and Weld County Assessor
agree to the following tax year 2017 actual value for the subject property:
Total $465.00{1.0{)
5, The valuation, as established above, shall be binding. only with respect to tax.
year 2017_
6. Brief narrative as to why the reduction. was made:
Review of comparable homes in the area
7, Both parties agree that:
EA hearing has not yet been scheduled before the Board of Equalization.
Error! Reference source not found.
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NOTICE OF DETERMINATION
Christopher M. Woodruff
Weld County Assessor
1400 N 17th Ave
Greeley, CO 80631
ACCOUNT No,
R0040001
EL
et
C..
TAX YEAR
2017
i
TAX AREA
2356
U PHAM JON B
11687 MONTGOMERY C 1 R
LONGMONT, CO 80504-5202
PROPERTY E CLASSIFICATION
RESIDENTIAL
Date cif Notice: 6130/2017
Telephc ne: (970) 400-3650
Fax: (970) 304-6433
Office Hours: 8:00AM — 5:00PM
LEGAL DESCRIPTION/ PHYSICAL LOCATION
2EMV L5 BLK15 ELMS AT MEADDVV VALE 2ND F
G
11687 MONTGOMERY CIR
WELD , CO
RECEiVE ii
JUL 13 2017
WELD COUN
C0MMISSI0N'E" S
ASSESSOR'S vosciu.ATION
ACTUAL VALUE PRIOR TO
REVIEW
477,312
TOTAL I $477,312
ACTUAL VALUE AFTER
REVIEW
477,312
$477,312
The Assessor has carefully studied all available information, giving particular attention to the
specifics included on your protest. The Assessor's determination of value after review is based on
the following:
ALOI - Your property has been uniformly valued following Colorado law. Your protest of value has
been denied due to comparison of other similar properties which sold during ths 2015/2016 time
period.
If you disagree with the Assessor's decision: you have the right to appeal to the County
Board of Equalization for further consideration, § 39.4106(1 Ha), C.R.S.
The deadline for filing real property, appeals is July 15.
The Assessor establishes property values. The local taxing authorities (county, school district, city,
fire protection, and other special districts) set mill levies. The mill levy requel ted by each taxing
authority is based on a projected budget and the property tax revenue required to adequately fund
the services it provides to its taxpayers. The local taxing authorities hold budget hearings in the fall.
If you are concerned about mill levies, we recommend that you attend these budget hearings.
Please refer to last year's tax bill or ask your Assessor for a listing of the local tax ng authorities.
Please refer to the reverse side of this notice for additional information.
Agent (If Applicable):
16 -DP -T -AR
PR 207-08/13
R0040001
21,1,1,1 127S
1$
APPEAL PROCEDURES
County Board of Equalization Hearings will be held from
July 24th through August itipth 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 0 Street, PD. Box 758
Greeley, CO 80631
Telephone: (970) 356-4000 ext, 4225
Online: htt # : www.co.werd.co.us a .. s 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 as 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), CRS.
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
1313 Sherman Street, Room 315
Denver, Co 80203
(303) 866-5880
www.doI- ..Colorado.c ov/baa
Binding Arbitration
For a list of arbitrators, contact the County Commissioners at the address listed for the County Board
of Equalization.
District Court
Contact the District Court in the County
where the property is located. See your
local telephone book for the address and
telephone number.
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- 12Q '3 , C.R.S.
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JALAZATION.
What is your estimate of the property -s value as of June ;WI 111161 (your opinion ooh' value in terms of a
specific dollar amount is required for real property pursuant to § 39 8-106(1.5), . R. . )
- 4c2 23jj
Wnat is me 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
rnstaedt cost, appcaSssc, etc)
Y° ,
1#88:£8: g:;i g$4 .' 'r` •°:��_ti
I, the undersigned owner or agent1 of the property identified above, affirm that the statements contained herein
and on any attachments hereto are true and complete.
Signa
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LAir
Email Aadtess
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Telephone Number
di Attach letter of authorization signed by property owner.
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Date
16 -DPI -AR
PR 207-08/13
R0040001
9 July 2017
Jon and Kathy Upham
11€$7 Montgomery Circle
Longmont, CO 80504-5202
(303)4$5-0952
(720)9$2-5122
Weld County Board of Equalization
1150 0 Street, PO Box 758
Greeley, Co 80631
Attached please find my property value appeal. I can attend a hearing the week of July 31st, due to
being on travel the prior week. To schedule such a hearing, I would appreciate some advanced notice or
at least a phone call to my (720)982-5122 phone number.
Sincerely,
Jon Upham
Iteett_
DifitietA40,
9 July 2017
Jon and Kathy Upham
11687 Montgomery Circle
Longmont, CO 80504-5202
(303)-4 35-0952
Weld County Board of Equalization
1150 0 Street, P.O. Box 758
Greeley, CO80631
Dear Board of Equalization,
Below is the detailed data, method and logic I used to compute an assessment of my home's value.
While I have sent this to the assessor's office in my original appeal dated 30 May 2017, the response I
received July 8th from the Assessor (send June 30th) was a denial of my protest without any detailed
explanation whatsoever. At the minimum, this is unsatisfactory because neither were my arguments
addressed, nor were the data and calculations used in the assessment provided.
I recently received my 2017 Real Property Notice of Valuation and I would like to contest your figures.
Not having seen the data used to arrive at the conclusion you have, I've attempted, via multiple
methods, to compute a fair value for my property using data from the County's website for sales during
the period of 1/1/2015 to 6/30/2016. I would call my method a modified Market Approach.
Account No: R0040001 Description: 2 E My L5 BLK I5 ELMS AT MEADOWVALE 2ND FO
In Table 1, below, I list data on properties sold during the appraisal period as found on the following web
site: tittps://www.co,weld.co.,usjamliassessorisates data/, I found all sales in my township, range,
and section, then selected my neighborhood due to the smaller lot sizes, and I eliminated what appear
to be refinances (same buyer and seller).
Table 1 Sales in The Elms at Meadowvale, 1/2015-6/2016
Sale Date
Sok ' m- Attount
Part&
Address bdifbath sqft SAM
Note
2/4/2015
3/6/2015
3/20/2015
3/27/2015
5/1/2015
6/26/2015
7/27/2015
7/31/2015
8/7/2015
9/4/2015
9/22/2015
5395,000.00
$372,500.00
$415,000.O0
$425,000.00
$402,000.00
R0034101.
R8289600
R8295500
R0961201
R0035601.
$385,10O R8296200
$4001000.00
$398,000.00
$480,000.00
$447,500.00
$399,0O0.00
R8293200
R8291600
R8294900
R0037601
R8291400
13130403M
0.+
131304019007
131304031006
131304079003
131304043004
131304033003
131304027002,
131394022008
13 3
131304047001
131304022006
11717 Montgomery
2676 Elmer Linn
11719 Elmer Linn
11768 Pleasant View
11655 Victor
11730 Montgomery
2692 Pearl Howlett
11730 Beasley
11705 Pleasant Hill
11697 Montgomery
11726 Beasley
4,3
4,3
4,4
3,3
5,4
4,3
4,,3
4,3
6,5
5,5
3,2
2774
2338
3237
2684
3498
2247
2557
2284
4874
4292
2175
$142.39
$159,32
$178,21 Same Model
$158.35
$114.92
$171.34
$156.43
$174.26
$98.48
$104.26
$183.45
1
10/9/2015
11/6/2015
11/16/2015
11/19/2015
12/7/2015
1/2512016
1/26/2016
1/29/2016
2/29/2016
3/18/2016
$440,000.00
$473,500.00
$489,000,00
$435►,000,00
$490,000.00
$512,000.00
$360,000,00
$400,000,00
$4550000400
$425r000g00
R0034501
R0960601
R0960301
R0037601
R8293500
R0963401
R8289800
R8288900
R8292700
R0033001
131304040003
131304068006
131394068003
131304047001
131304028002
131304075005
131304020001
131304018001
131304025004
131304037001
4/8/2016
$555,000.00
R0963801
131304076003
4/14/2016
4/28/2016
5/13/2016
$488,500400
$540,000,00
$445,000000
6/9/2016 $500,000~00
R0040001
R0962501
R8289800
80955401
131304051005
131304073002
131304020001
13 1.30405 5004
11654 Victor
11791 Beasley
11797 Beasley
11697 Montgomery
11725 Pleasant Hill
11788 Beasley
2679 Elmer Linn
11702 Pleasant Hill
11724 Pleasant Hill
11728 Montgomery
4,4 3056 5143.98
4,4 3646 $129,87
5,4 5469 $89.41
5,5 4292 $101.35
6,4 3880 $126.29
4,3 2888 5177,29
4,4 3237 $111.21
4,3 2338 $171.09
414
3,3 2357 5180.31
Same Model
3681 $123.61
11783 Beasley 5,4 3530 $15722
11687 Montgomery
4,4 3237 $150.91 My property
11799 Pleasant View
3,3 3108 $1.7'37'5
2679 Elmer Linn
4,4 3237 $137.47 Same Model
11787 Pleasant View 3,3 2947 $►1697
I computed finished square feet, and then computed price per square foot, a common method of pricing
real estate. Next I plotted the price per square foot against the size of the house, and then computed a
linear fit. See Figure 1, below. Naturally, some houses will be above the fit, and some will be below.
Fitting my house to this line using the square footage of my house, one can see that the "fits' price per
square foot for my house should be $143.19 instead of $150.91. Multiplying by my finished square
footage of 3237, the price would be $46M97.'
For readability, I omit/truncate fractional dollars on final valuations throughout.
2
$/sqft
$200.00
$180.00•
•
4 etits,
$160.00
$140,00 4-
$120.00
$ 100.00
$80,00
$60.00
2000
.*
r• '
...
es
•
+4
•
7y • •
Similar Finished
Square Footage
•
•4
Same model home
.y
t, •
• •y
• r
4a.
• +
• t
a ,
.r
•
P rice,/sgft - -0.0298*sift ft + $239.65
2500 3000 3500 4000 4500 5000 5500 6000
Figure 1- Price per square foot versus square foot.
Using a simpler method, I chose eight sales in my neighborhood that were for houses of similar finished
square footage. Those houses are highlighted in yellow in Table 14 The average price per finished
square foot for these eight houses is $139.71, and when multiplied by my 3237 finished square feet,
leaves a value of $4521238 for my property. I do note that one house was sold twice in the appraisal
period, and including both sales is better indicative of the market at that time (I also included the
market data for the sale of my own house as well).
If 1 use the method above but throw out the duplicate low -ball sale (and the sale of my own house as
well, to be fair), then the value of my home is rightfully $447,401. If I do the same computation but only
use the sales of the exact model I own, my home is rightfully $430,000.
Weld County Computation
Price/square foot versus
Square Footage Adjustment
Similar Finished Square
Footage
$477,312
$463,497
Unknown
R0034101,
R0035601,
R8294900,
R0960601,
R0963401,
R0033001,
88289800,
R8289600
R8296200
R0037601
R0960301
R8289800
R0963801
R0955401
R8295500
R8293200
R8291400
R0037601
R8288900
80040001
R0961201,
R8291600,
R0034501,
R8293500,
R8292700,
R0962501,
$452,238 R8295500, R0035601, 80034501, R8289800 (two
sales), R0963801, R0040001, R0962501
3
Similar Finished Square
Footage, throw out low sale
and my sale
Same model, throw out low
sale and my sale
$447,401 R8295500, R0035601, R00.34501, R8289800,
R0963801, R0962501
$430,000
R8295500, R8289800
So, one can see that using four different methods shows that Weld County's computation of my homes
value is high. (The County computed the value as $477312J.
I would like to request that the value of my home be set at the number that has a simple calculation,
and uses homes of similar finished square footage. Please set the value of my home at $452.238. You
will note that I' m not asserting that the lowest value option of $430,000 be used,
If you have any questions about my calculations, please reach out to me to discuss.
Thank you.
Sincerely,
Jon Upham
*colt
4
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