HomeMy WebLinkAbout20132193August 8, 2013
CLERK TO THE BOARD
PHQNE (970) 336-7215, EXT 4226
FAX (970) 352-0242
WEBSITE: www.co.weld.co.us
1150 Q STREET
P.O. BOX 758
GREELEY CO 80632
REICH JAMES A
939 HOVER RIDGE CIR
LONGMONT, CO 80501
RE: THE BOARD OF EQUALIZATION 2013, WELD COUNTY COLORADO
APPROVAL OF STIPULATION BETWEEN PETITIONER AND ASSESSOR
ACCOUNT NO.: R7509399
Dear Petitioner:
On August 01, 2013, 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 your request to approve and adopt a valuation of your property arrived at by a
Stipulation between you and the Weld County Assessor, for the year 2013.
The Board of Equalization found that the evidence presented at the hearing supported the
stipulated value placed upon the above -described property as set forth below. Such evidence
indicated the value was reasonable, equitable, and derived according to the methodologies,
percentages, figures and formulas dictated by law.
ACTUAL VALUE AS STIPULATED VALUE
DETERMINED BY ASSESSOR APPROVED BY BOARD
$107,511.00 $60,465.00
The above 'Stipulated Value' is the value which will be used in the calculation of your property
taxes for 2013. This value is not appealable.
If you have questions concerning the above information, please call me at (970) 336-7215,
Ext. 4226.
Very truly yours,
Esther E. Gesick, Deputy Clerk
Weld County Board of County Commissioners
Cc: Christopher Woodruff, Weld County Assessor
cc. P&t+
2013-2193
AS0085
COUNTY BOARD OF EQUALIZATION
WELD COUNTY
Single County Schedule Number R7509399
STIPULATION (As To Tax Year 2013_ Actual Value)
RE PETITION OF : AM 02 20fl
NAME: REICH JAMES A
ADDRESS: Vacant Land
Frederick, CO
'WELD c"f'y F
Petitioner (s) and the Weld County Assessor hereby enter into this Stipulation
regarding the tax year 2013 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:
L3 BLK 7 INDIAN PEAKS PUD 8 FLG EXC BEG NW COR L3 N89DE1'
TO A POINT ONA CURVE (R=N89DE 50' CH=S15E 25.88') 26.18' TH
S89DW 7.88' TOW LN OF L3 N25' TO POB
2. The subject property is classified as Commercial property.
3. The County Assessor originally assigned the following actual value to the
subject property for the tax year 2013:
Total $107,511.00
4. After further review and negotiation, Petitioner (s) and Weld County Assessor
agree to the following tax year 2013 actual value for the subject property:
Total $60,465.00
5. The valuation, as established above, shall be binding only with respect to tax
year 2013.
6. Brief narrative as to why the reduction was made:
Buildable area less than previous calculated.
7. Both parties agree that:
❑The hearing scheduled before the Board of Equalization on (Date) at
(Time) be vacated.
R7509399
1 2013-2193
NA hearing has not yet been scheduled before the Board of Equalization.
DATED this 23 day of July, 2013. r
Petitioner(s) or Agent or Attorney
Address:
9.39 hfisvert Ic46 Eire
1..®n6m4- -zni, Cn SoSo 1
(AsStstantyCounty Attorney for
Respondent, Weld County Board of
Commissioners
Address:
1150 "O" Street
P.O. Box 758
Greeley, CO 80632
Telephone: 265 -2S-7-3733 Tone:(970) 336-7235
Docket Number n/a
Stip-1.Frm
R7509399
County Asse`sor
Address:
1400 N.17th Avenue
Greeley, CO 80631
Telephone: (970) 353-3845 ext. 3697
2
NOTICE OF DETERMINATION
Christopher M. Woodruff
Weld County Assessor
1400 N 17th Ave
Greeley, CO 80631
Date of Notice: 6/27/2013
Telephone: (970) 353-3845
Fax: (970) 304-6433
Office Hours: 8:00 AM - 5:00 PM
ACCOUNT NO.
TAX YEAR
R7509399
2013
TAX AREA
LEGAL DESCRIPTION/ PHYSICAL LOCATION
1430
PROPERTY OWNER
REICH JAMES A
939 HOVER RIDGE CIR
LONGMONT, CO 80501
FRE 81P L3 BLK 7 INDIAN PEAKS PUD 8 FLG EXC
BEG NW COR L3 N89DE1' TO A POINT ONA
CURVE (R=N89DE 50' CH=S15E 25.88') 26.18' TH
S89DW 7.88' TO W LN OF L3 N25' TO POB
PROPERTY CLASSIFICATION
ASSESSOR'S VALUATION
ACTUAL VALUE PRIOR TO
REVIEW
ACR1.AL: VALUE AFTER
REVIEW
VACANT LAND
268,777
107,511
TOTAL
$268,777
$107,511
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:
CM03 - After review of your property, we have made adjustments. This was done because of
additional information obtained, or provided thru the appeal process.
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.
RECEIVED
JUL 1 6 2013
WELD COUNTY
COMMISSIONERS
15 -OPT -AR
PR 207-08/13
R7509399 17361
APPEAL_ PROCEDURES
County Board of Equalization Hearings will be held from
July 1 through August 5 at 1400 N 17 AVE.
To appeal the Assessor's decision, complete the Petition to the County Board of Equalization shown
below, and mail 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
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 12, § 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, 2012? (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.)
$,() 4467
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.)
Ike f' r« ,e /i i4,t r 6, $J c:i-yi-5 r r 5
ATTESTATION
I, the undersigned owner or agent1844 of the property identified above, affirm that the statements contained
herein and on an attachments hereto are true and complete.
Signature
dab,
Email Address
,30'3 -2.C-7, -3-75
Telephone Number
1844 Attach letter of authorization signed by property owner.
00/L/ /(1, 17:,06
Date
15-DPT-AR
PR 207-08/13
R7509399 17361
July 12, 2013
Weld County Board of Equalization
1150 O Street, P.O. Box 758
Greeley, CO 80631
Appeal of Notice of Valuation
Account Number R7509399, Lot 3, Block 7 Indian Peaks PUD, Frederick, CO
I am in receipt of the Assessor's Notice of Determination, and while the revised Value
after Review reduced the Valuation to $107,511, this still represents an increase of 77.8%
over the prior Valuation of $60,465.
It is my opinion that the Assessor has not considered the unique specifics of this
particular lot. While the legal description is for a lot area of approximately 3 acres, the
limitations on development potential caused by the existing gas well reduce the "usable"
site to approximately 0.68 acres (140' x 270'). The setbacks and no build areas imposed
by the gas well have increased drastically since I purchased the property in 1998.
Additionally, it seems to me there has not been any increase in value for this type of
property, and certainly not by the June, 2012 date for valuation. What has the Assessor
used for comparables? I can't see any justification for any increase.
I did not protest the Valuation of $60,465 before, but must now object to any increase for
the reasons stated. The value to me, and potential users has only gone down with the
economy and limitations of this specific site.
Thank you for your further consideration of this appeal.
James A. Reich, Owner
939 Hover Ridge Circle
Longmont, CO, 80501
EXHIBIT B
encana
OIL & GAS OPERATIONS AREA
'+! (150' SETBACK WITH 50' NO BUILD ZONE)
APPROXIMATE PROPERTY LINE
existing well
Haley 3-22 -1
Q' -
TOWNSHIP 2 NORTH, RANGE 68 WEST
SECTION 22: Part of the SEA
WELD COUNTY, COLORADO
SCALE: 1" = 100' SEPTEMBER 23, 2010
May 31, 2013
Weld County Assessor
1400 N 17th Ave
Greeley, CO 80631
Appeal of Notice of Valuation
Account Number R7509399, Lot 3, Block 7 Indian Peaks PUD, Frederick, CO
The NOV for this property has increased by 344% from the prior valuation which
certainly got my attention. The lot is a vacant one with Industrial zoning in Frederick
and one which I acquired about 15 years ago something I am increasingly regretting
due to the limitations of this property.
It appears the proposed new valuation is based upon $2.00 per square foot for the lot.
While this may be a number that can be justified for some industrial zoned land, the
negative specifics of this lot have not been considered. Following are some of the
reasons a generic valuation do not apply here.
The biggest drawback to this site is an existing gas well in the center of the lot. The
restrictions by Encana for a 150' setback and another 50' no build zone, effectively
shrink any potential development to less than 25% of the total land area. The remaining
open land is bifurcated by a 20' gas line easement which leaves only a small area at the
northwest corner of the site that can be potentially developed. Attached is a map from
Encana which illustrates the limitations.
Further issues also limit any potential development; being adjacent to residential property
to the west, there is a 25' setback there. The Town of Frederick zoning codes do not
allow any storage facilities here. Any development on this site will require landscaping of
the entire site and certainly the street frontages on both Rowe Street and Indian Peaks
Avenue, which is a huge burden for a small potential building. Finally, this subdivision
which is about 25 years old has no curb and gutter and incredibly, no sanitary sewer, thus
requiring a septic system for any development.
I have been thinking the highest and best use for this property was a prairie dog
sanctuary, but now, the Frederick Police Department has notified me to have them
eliminated. Bottom line.....the former valuation for this property hurt at tax time but the
new valuation bears no relationship to this particular site and its limitations.
Thank you for consideration of this appeal.
James A. Reich, Owner
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