HomeMy WebLinkAbout20192806.tiffAugust 6, 2019
Petitioner:
BUCKMEIER STANIS J
420 E 104TH PLACE
NORTHGLENN, CO 80233-4105
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 2019-2806 Appeal 2008224594 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
R6777833 Stipulated
$195,353 $195,353
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 camot 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 R6777833
STIPULATION (As To Tax Year 2019 Actual Value)
RE PETITION OF :
NAME:
ADDRESS:
Stanis Buckmeier
420 E. 104th Place
Northglenn, CO
80233-4105
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 N2NE4 15 1 67 LOT B REC EXEMPT RE -4929
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 $195,353
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 $195,353
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:
Changing Improvement 1 from 29% to Residential rate at 7.15%
7. Both parties agree that:
OThe hearing scheduled before the Board of Equalization on 7/30/19
at 1:30pm be vacated.
nA hearing has not yet been scheduled before the Board of Equalization.
1
ASO (O3
DATED this 16th day of July , 2019
4+X'Y+ti _-.'2,19,
Petitioner(s) or Agent or Attorney
Address:
420 E 104th PI
Northglenn
Colorado 80233
Telephone: 3036550978
Docket Number R6777833
Stip-1.Frm
;2.eat ri
(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
R6777833/Buckmeier
Final Audit Report
2019-07-17
Created: 2019-07-16
By: Debra Jakino (djakino@co.weld.co.us)
Status: Signed
Transaction ID: CBJCHBCAABAAgsldtX3Z9joTvKRs4hSzTxpr3iCJPcYu
"R6777833/Buckmeier" History
Document created by Debra Jakino (djakino@co.weld.co.us)
2019-07-16 - 6:48:40 PM GMT- IP address: 204.133.39.9
C • Document emailed to Debra Jakino (djakino@co.weld.co.us) for approval
2019-07-16 - 6:48:41 PM GMT
u Document approved by Debra Jakino (djakino@co.weld.co.us)
Approval Date: 2019-07-16 - 6:48:49 PM GMT - Time Source: server- IP address: 204.133.39.9
E • Document emailed to Marta Arndt (marndt@weldgov.com) for approval
2019-07-16 - 6:49:04 PM GMT
Email viewed by Marta Arndt (marndt@weldgov.com)
2019-07-16 - 6:49:33 PM GMT- IP address: 204.133.39.9
Document approved by Marta Arndt (marndt@weldgov.com)
Approval Date: 2019-07-16 - 7:03:29 PM GMT - Time Source: server- IP address: 204.133.39.9
T • Document emailed to Brenda Dones (bdones@co.weld.co.us) for signature
2019-07-16 - 7:03:30 PM GMT
t J Email viewed by Brenda Dones (bdones@co.weld.co.us)
2019-07-16 - 7:31:41 PM GMT- IP address: 204.133.39.9
Document e -signed by Brenda Dones (bdones@co.weld.co.us)
Signature Date: 2019-07-16 - 7:34:07 PM GMT - Time Source: server- IP address: 204.133.39.9
Document emailed to Stan buckmeier (skbuckmeier@gmail.com) for signature
2019-07-16 - 7:34:09 PM GMT
''1 Email viewed by Stan buckmeier (skbuckmeier@gmail.com)
2019-07-16 - 8:32:59 PM GMT- IP address: 174.219.15.47
Awe
Adobe Sign
Document e -signed by Stan buckmeier (skbuckmeier@gmail.com)
Signature Date: 2019-07-17 - 1:40:51 PM GMT - Time Source: server- IP address: 174.219.15.47
1.1T!, Document emailed to Karin McDougal (weld-cboe@weldgov.com) for signature
2019-07-17 - 1:40:52 PM GMT
L.; Email viewed by Karin McDougal (weld-cboe@weldgov.com)
2019-07-17 - 2:02:39 PM GMT- IP address: 204.133.39.9
Document e -signed by Karin McDougal (weld-cboe@weldgov.com)
Signature Date: 2019-07-17 - 9:32:31 PM GMT - Time Source: server- IP address: 204.133.39.9
ei Signed document emailed to Brenda Dones (bdones@co.weld.co.us), canaya@weldgov.com, Marta Arndt
(marndt@weldgov.com), Stan buckmeier (skbuckmeier@gmail.com), and 2 more
2019-07-17 - 9:32:31 PM GMT
Wtta
Adobe Sign
Brenda Dones
Weld County Assessor
1400 N 17th Ave
Greeley, CO 80631
NOTICE OF DETERMINATION
RECEIVED
JUL 1 2 2019
WELD COUNTY
COMMISSIONERS
Date of Notice: 6/25/2019
Telephone: (970) 400-3650
Fax: (970) 304-6433
Office Hours: 8:00AM — 5:00PM
ACCOUNT NO.
TAX YEAR
TAX AREA
LEGAL DESCRIPTION!
PHYSICAL
LOCATION
R6777833
2019
2238
PT N2NE4 15 1 67 LOT B REC EXEMPT RE -492
9
3995 COUNTY ROAD 21 WELD
PROPERTY OWNER
BUCKMEIER STANIS J
420 E 104TH PLACE
NORTHGLENN, CO 80233-4105
PROPERTY CLASSIFICATION
ASSESSOR'S VALUATION
ACTUAL VALUE PRIOR TO
REVIEW
ACTUAL VALUE AFTER
REVIEW
AG LAND
AG BUILDINGS
AG RESIDENTIAL
678
69,091
125,584
678
69,091
125,584
TOTAL
195,353
195,353
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 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.
Agent (If Applicable):
15-DPT-AR
PR 207-08/13
R6777833
2019-2806
A50103 3
APPEAL PROCEDURES
County Board of Equalization Hearings will be held from
July 25th through August 5th 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 O Street, P.O. Box 758
Greeley, CO 80631
Telephone: (970) 356-4000 ext, 4225
Online: www.co.weld.co.us/appsl/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 — 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), 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.00v/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, 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.)
$ J/ O, ewe- QQ
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.)
Pr;rncir/ rNSro(i1-e OiStIALer) I eTfro/i s E-XeniPTfOf1
Co') -r/6v1 n-(' SLrrrex/nal/1 Arecc (-Tr./ or,c( fir7c, Ou`ZC/ivit/
ATTESTATION
I, the undersigned owner or agent' of the property identified above, affirm that the statements contained herein
and on any attachments hereto are true and complete.
3D3 710-0)23
Telephone Number
Signature
S urfCme(P(-6) (IL. Coivi
Email Address
'Attach letter of authorization signed by property owner.
Date
15-DPT-AR
PR 207-08/13
R6777833
Weld County Board of Equalization
1150 O Street, P.O. Box 758
Greeley Colorado 80631
RE: Account #R6777833
July 9, 2019
We are writing to appeal the Weld Assessors valuation of our property. We have attached our original
appeal letter which stated the two reasons why we were appealing our valuation.
The first reason you will notice is that the building that is on the property is not being taxed (we feel) at
the correct rate. When the building was first built and permitted it was considered an Ag building and
thus taxed at that rate. In 2016 we applied for and were granted a 'change of use' for the building. We
subsequently built and have received a certificate of occupancy for the 970 square foot apartment in
one end of the building. The remainder of the building is our personal garage. This is our primary
residence. As such we feel that it should be taxed at that rate.
I am a 100% disabled veteran. I have been approved by both the State of Colorado and Weld County for
the Disabled Veteran property tax exemption. My wife and I have owned and occupied this house as our
permanent residence since November of 2016. I feel that the whole building (apartment and garage)
should fall under this exemption.
The second reason for our original appeal was against the valuation. As much as we would like to think
that our property is worth a lot we concede that there are a lot of deterrents that would keep us from
getting all these top dollar values that have become so common in Colorado and that have driven up the
home prices and values. The first being that this is just a one bedroom, one bathroom house. It has no
central air, no natural gas, and is less than 1000 square feet in size. All the oil production (wells and
batteries) within a 5 mile radius in the area is a deterrent. The fact that our neighbor was allowed a
zoning change and now has lots for sale as 'light industrial' is a deterrent. The fact that some personal
water wells within a 7 mile radius have been contaminated from all the oil production in the area is a
deterrent. The fact that our roads are being torn up and are becoming more and more unsafe from all
the heavy use by oil field trucks and equipment, and by the gravel trucks from the many gravel pits in
the area is also a deterrent.
We respectfully request that your reconsider our appeal. That you remove the Ag designation on the
building and apply the Disabled Veteran exemption to the new valuation. That you take into account all
the factors when putting a value on the property not just recent home sales of 'similar' properties.
Thank you
Stan and Kathy Buckmeier
Weld County Assessor May 24, 2019
1400 N 17th Ave
Greeley, CO 80631
RE: Account # R6777833
Property Address/Description: PT N2NE4 15 167 LOT B REC EXEMPT RE -492 9
We are hereby writing to you to appeal the 2019 Real Property Notice of Valuation for the above
property for the following two reasons.
1. Disabled Veteran Exemption. In 2016 we applied for and were granted a 'Change of use' (see
attached copy of Building permit and Certificate of Occupancy) for the building that we built on
Lot B in 2012. According to tax records this building was designated as an AG building. Its
original use was that of storage of personal household property and vehicles. After the change
of use was granted we built an apartment in one end of the building. The rest of the building is
basically just a large 4 stall garage.
Stan is a 100 percent disabled vet and was approved for the Weld County Disabled Veteran
Property Tax Exemption in August of 2017 (see attached copies). According to your eligibility
requirements, the veteran must own and occupy the property as their primary residence since
Jan 1 of the year of application. He met those requirements. The problem lies in what rate you
are taxing this property. AG Residential and AG Buildings. There is only one building and it was
granted a 'change of use'. The whole building. We have occupied it as our primary residence
since Nov of 2016.
2. The new AG Residential Valuation. We are aware that Colorado is a hot market for real estate.
However, we would argue that although that might be true in the cities or the mountains, we
don't feel it applies to our rural area. We are well aware that we are currently in the midst of an
oil boom in Weld County. And that Weld County has been very welcoming to this industry (even
though Weld County prides itself as being for the agricultural industry and community). The
impacts that oil is having on rural properties is not good. Enclosed are pictures of an oil battery
and oil field road that shares our property line, and of a 'light industrial pad' that was also just
recently approved on a piece of property that also abuts a corner of our property. There are at
least 5 of these batteries (or larger) within a 5 mile radius of our property. Personal water wells
within a 7 mile radius of our property have been contaminated from oil production in the area.
Along with the loss of productive land, all the heavy truck traffic from the oil and gas industry
and from the gravel pits along Hwy 85 and roads 6, 8 and 52, are taking a tremendous toll on
our roads. Are our taxes being raised to pay for this impact? We seriously question the increase
in valuation as we feel all of this non-agricultural industry is more of a negative impact to our
rural residential/agricultural property than a positive.
We respectfully ask then that you not increase our valuation, that you assess our building as it should be
after the change of use was granted and that you apply the full 50% exemption that Stan has earned to
the entire tax bill.
Thank you very much
Stan and Kathy Buckmeier
STATE OF COLORADO
Department of Military and Veterans Affairs, Division of Veterans Affairs
1355 S. Colorado Blvd., Suite 113, Building C
Denver, CO 80222 I (303) 284-6077 - (303) 284-3163 (Fax)
Reuben A— Bena— Mestas
Director
CERTIFICATION OF QUALIFIED DISABLED
July 07,
STANIS J BUCKMEIER
3995 COUNTY ROAD 21
FT. LUPTON CO 80621
Dear Honorable Veteran:
John Hickenlooper. Governor
Major General H. Michael Edwards, The Adjutant General
VETERAN PROPERTY TAX EXEMPTION
2017
This letter serves as your notification that you have met the FIRST requirement of the Colorado State
Benefit — Property Tax Exemption as a Qualified Disabled Veteran (100% Service -Connected Disability
Rating — Permanent and Total. This is for the tax year of 2017 to be paid in 2018.
A copy of your application has now been forwarded to the designated County Assessor's Office in which
you reside for further processing. The County Assessor's office will verify owner/occupancy eligibility.
Your submitted application will remain on file at the Division of Veterans Affairs.
On behalf of the Department of Military and Veterans Affairs, we extend our sincere thanks and gratitude
for your dedicated service to our country and the sacrifices you and your family have made.
Should you have any questions, please contact our office at (303) 284-6077.
In Service To Others,
pa
Renee Pace
Property Tax Exemption Manager
RP/cad
OFFICE OF THE WELD COUNTY ASSESSOR
PHONE (970) 400-3650
FAX (970) 304-6433
WEBSITE: www.weldgov.com
WELD COUNTY ADMINISTRATIVE OFFICES
1400 N 17 AVE
GREELEY CO 80631
August 7, 2017
RE: Disabled Veteran Property Tax Exemption
Account #R6777833
Dear Property Owner,
This is notification that your request for the Disabled Veteran Property Tax Exemption
has been received. The Weld County Assessor's Office has approved your request for
the exemption. You do not need to reapply for future years.
If you have any questions, please call the Weld County Assessor's Office at (970) 400-
3650.
Sincerely,
WELD COUNTY ASSESSOR'S OFFICE
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