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Home My WebLink About20193187.tiffAugust 6, 2019 Petitioner: CHISHOLM IAN M 23100 COUNTY ROAD 1 BERTHOUD, CO 80513-9114 CLERK TO THE BOARD PHONE (970) 400-4226 FAX (970) 336-7233 WEBS ITE: www.weldqov.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 2019-3187 Appeal 2008224823 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 R6905697 Stipulated - Approved Stipulated Value $917,472 $850,000 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. §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 R6905697 STIPULATION (As To Tax Year 2019 Actual Value) RE PETITION OF : NAME: ADDRESS: Ian & Lori Chisholm 23100 County Road 1 Berthoud, CO 80513 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: PT SW4 6-4-68 LOT B AMD REC EXEMPT RE -1092 (.26R) 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 $917,472 4. After further review and negotiation, Petitioner (s) and Weld County Assessor agree to the following tax year2019 actual value for the subject property: Total $850,000 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: Additional review of sales. 7. Both parties agree that: IThe hearing scheduled before the Board of Equalization on 07/29/2019 at 3:00 PM be vacated. ❑A hearing has not yet been scheduled before the Board of Equalization. 1 DATED this 25 day of July , 2019 Lon' Chisholm , a,„„ Lori Chisholm (Jul 25, 2019) Petitioner(s) or Agent or Attorney Address: 23100 County Rd 1 Berthoud Telephone: 9707797717 Docket Number R6905697 Stip-1 .Frm (Assistant) County Attorney 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 R6905697/Chisholm Final Audit Report 2019-07-25 Created: 2019-07-25 By: Courtney Anaya (canaya@co.weld.co.us) Status: Signed Transaction ID: CBJCHBCAABAAe6cwU9cLtIA7kV8mvCcxlnr0BerZvAq3 "R6905697/Chisholm" History t Document created by Courtney Anaya (canaya@co.weld.co.us) 2019-07-25 - 5:24:19 PM GMT- IP address: 204.133.39.9 E?, Document emailed to Courtney Anaya (canaya@co.weld.co.us) for approval 2019-07-25 - 5:24:21 PM GMT 6© Document approved by Courtney Anaya (canaya@co.weld.co.us) Approval Date: 2019-07-25 - 5:24:42 PM GMT - Time Source: server- IP address: 204.133.39.9 D Document emailed to Colleen Kentfield (ckentfield@weldgov.com) for approval 2019-07-25 - 5:24:43 PM GMT t Email viewed by Colleen Kentfield (ckentfield@weldgov.com) 2019-07-25 - 5:28:04 PM GMT- IP address: 204.133.39.9 FS© Document approved by Colleen Kentfield (ckentfield@weldgov.com) Approval Date: 2019-07-25 - 5:29:36 PM GMT - Time Source: server- IP address: 204.133.39.9 El, Document emailed to Brenda Dones (bdones@co.weld.co.us) for signature 2019-07-25 - 5:29:37 PM GMT ,n Email viewed by Brenda Dones (bdones@co.weld.co.us) 2019-07-25 - 6:36:35 PM GMT- IP address: 204.133.39.9 A, Document e -signed by Brenda Dones (bdones@co.weld.co.us) Signature Date: 2019-07-25 - 6:36:56 PM GMT - Time Source: server- IP address: 204.133.39.9 (y Document emailed to Lori Chisholm (imchisholm@mindspring.com) for signature 2019-07-25 6:36:58 PM GMT n Email viewed by Lori Chisholm (imchisholm@mindspring.com) 2019-07-25 - 7:56:05 PM GMT- IP address: 172.58.142.139 Adobe Sign b© Document e -signed by Lori Chisholm (imchisholm@mindspring.com) Signature Date: 2019-07-25 - 8:01:31 PM GMT - Time Source: server- IP address: 74.121.41.176 P+ Document emailed to Karin McDougal (weld-cboe@weldgov.com) for signature 2019-07-25 - 8:01:33 PM GMT '5 Email viewed by Karin McDougal (weld-cboe@weldgov.com) 2019-07-25 - 8:19:31 PM GMT- IP address: 204.133.39.9 &Y® Document e -signed by Karin McDougal (weld-cboe@weldgov.com) Signature Date: 2019-07-25 - 10:48:26 PM GMT - Time Source: server- IP address: 204.133.39.9 O Signed document emailed to Courtney Anaya (canaya@co.weld.co.us), Brenda Dones (bdones@co.weld.co.us), Lori Chisholm (imchisholm@mindspring.com), canaya@weldgov.com, and 2 more 2019-07-25 - 10:48:26 PM GMT Adobe Sign Thank you for submitting an appeal to the Weld County Board of Equalization. We will review the information submitted and you will receive a date to appear before the board. Contact Information: Contact Name: Lori A Chisholm Contact Email: imchisholmgmindspring.com Contact Phone: 970-779-7717 Appeal Submitted: 08:29 PM July 15, 2019 Appeal submitted for: R6905697 m CHISHOLM IAN M 23100 COUNTY ROAD 1 , WELD Legal: PT SW4 6-4-68 LOT B AMD REC EXEMPT RE -1092 (.26R) Reason: Value Too High - Value increased considerably in one years time. Estimate of Value: $699,000.00 Document(s) Submitted: Account: R6905697 - Comps4.pdf Account: R6905697 - R6905697 INITIAL PROTEST.pdf You have selected the following Date Preferences: 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 2019-3187 "sotO 3 Thank you for submitting an appeal to the Weld County Assessor's Office. We will review the information submitted and if we have questions we will contact you at one of the following: Contact Information: Contact Name: Ian M Chisholm Contact Email: imchishoim@mindspring.com Contact Phone: 970-779-7717 Appeal Submitted: 09:23 AM May 20, 2019 Appeal submitted for: R6905697 - CHISHOLM IAN M 23100 COUNTY ROAD 1 , WELD Legal: PT SW4 6-4-68 LOT B AMD REC EXEMPT RE -1092 (.26R Reason: Value Too High - Value increased considerably in one years time. Estimate of Value: $699,000.00 Document(s) Submitted: Account: R6905697 - Comps4.pdf The Appeal process can take several weeks for us to complete. We will mail a decision on your appeal by June 30th for real property and by July 10th for business personal property and/or oil and gas We thank you for your submittal. Weld County Assessor's Office (970) 400-3650 Comparable Report: 23100 COUNTY ROAD 1 WELD Distance Sale Price Sale Date Time Adj Sale Price* Residential SqFt Land Acres Built As Year Built Total Bsmnt SqFt Finished Bsmnt SqFt Garage Attached SqFt Garage Detached SqFt Buildings Outbuilding SqFt Commercial SqFt Accounts In Sale Total Acres in Sale +l9 aocieli O Red Feather Lakes 0 287 Arapaho Roosevelt National Fort Collin li n �- Rocky Mountain National Park A: a paho and Roosevelt National Forests Subject R6905697 23100 COUNTY ROAD 1 WELD N/A N/A N/A N/A 2,954 8.17 Ranch 1 Story 1996 2,938 2,318 800 Denver .}!a Aurora ti _ i.Cr Comp #1 R4659586 250 HIGHWAY 60 WELD 0.8 miles $585,000 2 Jun 2017 $666,666 2, 927 4.85 Ranch 1 Story 1984 0 Iii Pawnee National Grassland Comp #2 Fort Moraano R0239495 11210 PONDEROSA 4545 KIOWA DR WELD TRL WELD Brush O Min O MM,M9r, dit,a (D2019 •Gcs-g rat Comp #3 R6778344 14 miles $675,000 5 Jan 2018 $668,750 2,516 4.71 0 768 0 0 2 2,925 3 4,480 Ranch 1 Story 1996 2,508 2,508 760 0 2 1,200 16 miles $680,000 30 Jan 2017 $680,000 3,125 10 Ranch 1 Story 1968 1,830 1,830 655 0 5 2,268 0 N/A N/A Time Adj Sale Price includes market appreciation from the sale date to the end of the base period, 6/30/2018 0 0 0 1 1 1 4.85 4.71 10 R6905697: 23100 COUNTY ROAD 1 WELD Distance Sale Price Sale Date Time Adj Sale Price* Residential SqFt Land Acres Built As Year Built Total Bsmnt SqFt Finished Bsmnt SqFt Garage Attached SqFt Garage Detached SqFt Buildings Outbuilding SqFt Commercial SqFt Accounts In Sale Total Acres in Sale Subject Comp #4 Comp #5 Comp #6 R6905697 R7364498 R2746086 R0538901 23100 COUNTY ROAD 5431 54TH STREET 1IIIELD 4248 49TH ST WELD RD WELD 7033 SIOUX CT WELD NIA NIA NIA 16 miles N/A 2,954 8.17 Ranch 1 Story 1996 2,938 $650,000 22 May 2018 $650,000 2,544 7.89 Ranch 1 Story 1995 0 2,318 800 0 0 792 0 2 2,925 0 N/A N/A 3 4,320 0 1 15 miles $400,000 28 Feb 2017 $396,000 3,062 4.19 Ranch 1 Story 1966 975 975 0 0 2 640 0 1 15 miles $570,000 3 Mar 2017 $570,000 2,378 4.92 Ranch 1 Story 1976 0 0 0 624 4 2,333 0 1 7.89 4.19 4.92 * Time Adj Sale Price includes market appreciation from the sale date to the end of the base period, 6/30/2018 R6905697: 23100 COUNTY ROAD 1 WELD Subject Comp #7 R6905697 R8945377 23100 COUNTY ROAD 5625 COUNTY ROAD 1WELD 19 Distance N/A Sale Price N/A Sale Date N/A Time Adj Sale Price* N/A Residential SqFt 2,954 Land Acres 8.17 Built As Ranch 1 Story Year Built 1996 Total Bsmnt SqFt 1938 Finished Bsmnt SqFt 2,318 Garage Attached SqFt 800 Garage Detached SqFt 0 Buildings 2 Outbuilding SqFt 2,925 Commercial SqFt 0 Accounts In Sale N/A Total Acres in Sale N/A * Time Adj Sale Price includes market appreciation from the saledate to the end of the base period, 6/30/2018 19 miles $675,000 12 Feb 2018 $670,000 2,440 10 Ranch 1 Story 2016 0 0 1,548 0 2 3,200 0 1 10 July 24, 2019 Petitioner: CHISHOLM IAN M 23100 COUNTY ROAD 1 BERTHOUD, CO 80513-9114 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 2019-3187, AS0103 Appeal 2008224823 Hearing 7129/20193:00 PM Account(s) Appealed: R6905697 Dear Petitioner(s): The Weld County Board of Equalization has set a date of July 29, 2019, at or about the hour of 3:00 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 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 ofyourwritten 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 Danes, Assessor Hello