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Home My WebLink About20193159.tiffAugust 6, 2019 Petitioner: MITCHENER SHANNON N 2170 CAPE HATTERAS DR UNIT 4 WINDSOR, CO 80550-7221 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 NOTICE OF DECISION Docket 2019-3159 Appeal 2008224808 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 R6787280 Stipulated - Approved Stipulated Value $370,026 $356,000 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)(1) 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 R6787280 STIPULATION (As To Tax Year 2019 Actual Value) RE PETITION OF : NAME: ADDRESS: Shannon Mitchener 2170 Cape Hatteras Drive, Unit 4 Windsor, CO 80550-7221 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: L11 LIGHTHOUSE POINT TOWNHOMES 3RD FG 2. The subject property is classified as Townhouse property. 3. The County Assessor originally assigned the following actual value to the subject property for the tax year 2019 : Total $370,026.00 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 $356,000.00 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: Using tax payer comparables, the value $356,000.00 showed up twice on the grid. Adjusted to that value. 7. Both parties agree that: FA The hearing scheduled before the Board of Equalization on 7/25/2019 at 9:00 am be vacated. A hearing has not yet been scheduled before the Board of Equalization. 1 0019-3159 ASO(03 DATED this 18th day of JuIY , 2019 Shannon Mfohener %tiger Pei tLnener JuL 23, 201J Petitioner(s) or Agent or Attorney Address: 2170 Cape Hatteras Drive Unit 4 Windsor Telephone: 9702185134 Docket Number R6787280 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 rawneka12ua County Assessor Address: 1400 N.17th Avenue Greeley, CO 80631 Telephone: (970) 400-3650 R6787280/Mitchener Final Audit Report 2019-07-24 Created: 2019-07-18 By: Debra Jakino (djakino@co.weld.co.us) Status: Signed Transaction ID: CBJCHBCAABAA0f9uk9Tdt9DzKTYUsLP5-RqidXQLmuBi "R6787280/Mitchener" History Document created by Debra Jakino (djakino@co.weld.co.us) 2019-07-18 - 7:43:46 PM GMT- IP address: 204.133.39.9 Document emailed to Debra Jakino (djakino@co.weld.co.us) for approval 2019-07-18 - 7:43:48 PM GMT C10 Document approved by Debra Jakino (djakino@co.weld.co.us) Approval Date: 2019-07-18 - 7:43:55 PM GMT - Time Source: server- IP address: 204.133.39.9 Document emailed to Valerie Grube (vgrube@co.weld.co.us) for approval 2019-07-18 - 7:43:56 PM GMT i5 Email viewed by Valerie Grube (vgrube@co.weld.co.us) 2019-07-18 - 7:44:40 PM GMT- IP address: 204.133.39.9 a Document approved by Valerie Grube (vgrube@co.weld.co.us) Approval Date: 2019-07-18 - 7:48:07 PM GMT - Time Source: server- IP address: 204.133.39.9 Document emailed to Brenda Dones (bdones@co.weld.co.us) for signature 2019-07-18 - 7:48:08 PM GMT Email viewed by Brenda Dones (bdones@co.weld.co.us) 2019-07-18 - 9:42:50 PM GMT- IP address: 204.133.39.9 Document e -signed by Brenda Dones (bdones@co.weld.co.us) Signature Date: 2019-07-19 - 7:17:42 PM GMT - Time Source: server- IP address: 204.133.39.9 Document emailed to Shannon Mitchener (shannon.mitchener@gmail.com) for signature 2019-07-19 - 7:17:43 PM GMT Email viewed by Shannon Mitchener (shannon.mitchener@gmail.com) 2019-07-23 - 8:32:26 PM GMT- IP address: 66.102.6.46 Adobe Sign d© Document e -signed by Shannon Mitchener (shannon.mitchener@gmail.com) Signature Date: 2019-07-23 - 8:34:38 PM GMT - Time Source: server- IP address: 173.160.63.37 Document emailed to Karin McDougal (weld-cboe@weldgov.com) for signature 2019-07-23 - 8:34:39 PM GMT ti Email viewed by Karin McDougal (weld-cboe@weldgov.com) 2019-07-23 - 10:22:06 PM GMT- IP address: 204.133.39.9 cro Document e -signed by Karin McDougal (weld-cboe@weldgov.com) Signature Date: 2019-07-24 - 12:28:57 PM GMT - Time Source: server- P address: 204.133.39.9 Q Signed document emailed to Shannon Mitchener (shannon.mitchener@gmail.com), Karin McDougal (weld- cboe@weldgov.com), Brenda Dones (bdones@co.weld.co.us), canaya@weldgov.com, and 2 more 2019-07-24 - 12:28:57 PM GMT :CJWER28Y 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: Shannon Mitchener Contact Email: shannon.mitchener@gmail.com Contact Phone: 970-218-5134 Appeal Submitted: 04:33 PM July 15, 2019 Appeal submitted for: R6787280 - MITCHENER SHANNON N 2170 CAPE HAT1'ERAS DR, WINDSOR Legal: L11 LIGHTHOUSE POINT TOWNHOMES 3RD FG Reason: Value Too High - The estimate of $370,026 is extremely high when comparing to similar properties in my subdivision sold during the Jan 2017 - June 2018 time period. I have 8 other properties similar in size and age in my neighborhood that value between 330-345K. Estimate of Value: $345,000.00 Document(s) Submitted: Account: All Accounts - Cape Hatteras Comps.pdf Account: R6787280 - R6787280 INITIAL PROTEST.pdf You have selected the following Date Preferences: 7/afj" 9v - 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 2019-3159 A50 1O3 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: Shannon Mitchener Contact Email: shannon.mitchener@gmail.com Contact Phone: 970-218-5134 Appeal Submitted: 10:03 PM May 28, 2019 Appeal submitted for: R6787280 - MITCHENER SHANNON N 2170 CAPE HATTERAS DR, WINDSOR Legal: L11 1 LIGHTHOUSE POINT TOWNHOMES 3RD FG Reason: Value Too High - The estimate of 370,026 is extremely high when comparing to similar properties in my subdivision. I have 8 other properties similar in size and age in my neighborhood that value between 330-345K. Estimate of Value: $330,000.00 Document(s) Submitted: Account: All Accounts - Cape HatterasComps Comps.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 andlor oil and gas. We thank you for your submittal. Weld County Assessor's Office (970) 400-3650 Comparable Report: 2170 CAPE HATTERAS DR UNIT 4 WINDSOR oocle 4 0 0 stu Subject ise C, 4' cots 62 Comp #1 Comp #2 R6787280 R6787277 R6787300 2170 CAPE 2171 CAPE 2166 MONTAUK LN HATTERAS DR UNIT 4 HATTERAS DR UNIT 6 UNIT 3 WINDSOR WINDSOR WINDSOR Distance N/A. Sale Price N/A Sale Date N/A Time Adj Sale Price* N/A Residential SqFt 1,853 Land Acres 0.06 Built As Townhouse Two Stay Year Built 2014 Total Bsmnt SqFt 1,064 Finished Bsmnt SqFt 0 Garage Attached SqFt 466 Garage Detached SqFt 0 Buildings 1 Outbuilding SqFt 0 Commercial SqFt 0 Accounts In Sale N/A Total Acres in Sale N/A 109 ft $330,000 15 Jun 2018 $330,000 313 ft $342,500 1,522 0.04 31 May 2018 $345,206 1,853 0.07 r'. 9 c 13.t.9. e2019 Coca Comp #3 h et ir F -�IIIIIIII, ViItIIIILiIl�1 f1111411►�4i, R6787342 2162 MONTAUK LN UNIT 3 WINDSOR 360 ft $320,600 14 Aug 2017 $346,953 1,522 0.04 Townhouse Two Story Townhouse Two Story 2015 627 0 458 0 1 2015 1,064 0 466 0 1 Townhouse Two Story 2016 627 0 458 0 1 0 0 0 0 0 0 1 1 1 0.04 0.07 0.04 * Time Adj Sale Price includes market appreciation from the sale date to the end of the base period,. 6/30/2018 R6787280: 2170 CAPE HATTERAS DR UNIT 4 WINDSOR 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 R6787280 2170 CAPE HATTERAS DR UNIT 4 2161 MONTAUK LN WINDSOR UNIT 3 WINDSOR Comp #4 R6787368 N/A. N/A N/A N/A 437 ft $305,700 3 Apr 2017 $341,436 Comp #5 R6787383 2167 MONTAUK LN UNIT 4 WINDSOR 456 ft $281,100 20 Jan _ 2017 $321,494 Comp #6 R6787364 2157 MONTAUK LN UNIT WINDSOR 484 ft $338,100 11 May 2018 $340,771 1,853 1,522 1,522 1,522 0.06 0.04 Townhouse Two Story Townhouse Two Story 2014 2016 1,064 627 0 0 466 458 0 0 1 1 0.03 Townhouse Two Story 2016 627 0 458 0 1 0.04 Townhouse Two Story 2017 627 0 458 0 1 0 0 0 0 0 0 0 0 N/A I 1 1 N/A Time Adj Sale Price includes market appreciation from the sale date to the end of the base period, 6/30/2018 0.04 0.03 0.04 R6787280: 2170 CAPE HATTERAS DR UNIT 4 WINDSOR 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 R6787280 2170 CAPE HATTERAS DR UNIT 4 2163 MONTAUK LN WINDSORUNIT 4 WINDSOR Comp ##7 R6787373 N/A. N/A N/A N/A 1,853 502 ft $302,900 13 Jan 2017 $ 346,427 Comp #8 R6787372 2163 MONTAUK LN UNIT 3 WINDSOR 508 ft $204,600 5 Jan 2017 $336,934 1,522 1,676 0.06 0.04 0.04 Townhouse Two Story Townhouse Two Story Townhouse Two Story 2014 1,064 0 466 0 1 2016 627 2016 662 0 458 0 0 492 0 1 1 0 0 0 0 0 0 N/A I 1 N/A Time Adj Sale Price includes market appreciation from the sale date to the end of the base period, 6/30/2018 0.04 0.04 July 22, 2019 Petitioner: MITCHENER SHANNON N 2170 CAPE HATTERAS DR UNIT 4 WINDSOR, CO 80550-7221 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 2019-3159, AS0103 Appeal 2008224808 Hearing 7/25/2019 10:30 AM Account(s) Appealed: R6787280 Dear Petitioner(s): The Weld County Board of Equalization has set adate ofJuly 25, 2019, atorabout the hour of 10:30 AM, tohold ahearing on your valuation forassessment. This hearing will beheld atthe 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 youwish 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