The URL can be used to link to this page

Browse Search

Home My WebLink About20193121.tiffAugust 6, 2019 Petitioner: ENGEL LARRY A 2063 HERITAGE PL ERIE, CO 80516-4049 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 2019-3121 Appeal 2008224932 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 R4476006 Stipulated - Approved Stipulated Value $536,000 $453,642 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 R4476006 STIPULATION (As To Tax Year 2019 Actual Value) RE PETITION OF : NAME: ADDRESS: Lary & Joyce Engel 2063 Heritage PI Erie, CO 80516-4049 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: ERI HVRC4 UNIT 2063 HERITAGE AT VISTA RIDGE CONDOS PH 4 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 $536,000 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 $453,642 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: Structural issues. 7. Both parties agree that: FI The hearing scheduled before the Board of Equalization on 7/29/19 at 3Pm be vacated. A hearing has not yet been scheduled before the Board of Equalization. 1 aoia-alai ASO X03 DATED this 18th Larry f Joyce Engel Engel 4Jul 23, 20171 day of July , 2019 Petitioner(s) or Agent or Attorney Address: 2063 Heritage Place Erie, CO Telephone: 303-880-8211 Docket Number R4476006 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 r&unolt0i2rith County Assessor Address: 1400 N.17th Avenue Greeley, CO 80631 Telephone: (970) 400-3650 R4476006/Engel Final Audit Report 2019-07-24 Created: 2019-07-18 By: Debra Jakino (djakino@co.weld.co.us) Status: Signed Transaction ID: CBJCHBCAABAA4OgkeB6reTVZFBUYIDb5JOFZVrmXVDO5 "R4476006/Engel" History Document created by Debra Jakino (djakino@co.weld.co.us) 2019-07-18 - 10:37:07 PM GMT- IP address: 204.133.39.9 Document emailed to Debra Jakino (djakino@co.weld.co.us) for approval 2019-07-18 - 10:37:08 PM GMT Lei Document approved by Debra Jakino (djakino@co.weld.co.us) Approval Date: 2019-07-18 - 10:37:16 PM GMT - Time Source: server- IP address: 204.133.39.9 Document emailed to Marta Arndt (marndt@weldgov.com) for approval 2019-07-18 - 10:37:17 PM GMT t Email viewed by Marta Arndt (marndt@weldgov.com) 2019-07-18 - 10:44:25 PM GMT- IP address: 204.133.39.9 4 Document approved by Marta Arndt (marndt@weldgov.com) Approval Date: 2019-07-18 - 10:47:20 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 - 10:47:21 PM GMT Email viewed by Brenda Dones (bdones@co.weld.co.us) 2019-07-18 - 10:50:36 PM GMT- IP address: 204.133.39.9 21O Document e -signed by Brenda Dones (bdones@co.weld.co.us) Signature Date: 2019-07-18 - 10:52:19 PM GMT - Time Source: server- IP address: 204.133.39.9 Document emailed to Larry & Joyce Engel (Iarryaengel@comcast.net) for signature 2019-07-18 - 10:52:20 PM GMT Email viewed by Larry & Joyce Engel (Iarryaengel@comcast.net) 2019-07-19 - 0:36:20 AM GMT- IP address: 76.76.60.26 4WD Adobe Sign Document e -signed by Larry & Joyce Engel (Iarryaengel@comcast.net) Signature Date: 2019-07-23 - 7:29:30 PM GMT - Time Source: server- IP address: 24.8.193.136 Document emailed to Karin McDougal (weld-cboe@weldgov.com) for signature 2019-07-23 - 7:29:32 PM GMT Email viewed by Karin McDougal (weld-cboe@weldgov.com) 2019-07-23 - 10:09:18 PM GMT- IP address: 204.133.39.9 Document e -signed by Karin McDougal (weld-cboe@weldgov.com) Signature Date: 2019-07-24 - 12:33:29 PM GMT - Time Source: server- IP address: 204.133.39.9 Q Signed document emailed to Debra Jakino (djakino@co.weld.co.us), Brenda Dones (bdones@co.weld.co.us), canaya@weldgov.com, Marta Arndt (marndt@weldgov.com), and 2 more 2019-07-24 - 12:33:29 PM GMT 411111 w p \ 1 Adobe Sign RECEIVED \74:4 ,Q ai9 /.0 (atv,w ce WELD COUNTY COMMISSIONERS v._ .12.O1 AA.cAlt uirdiAiv-Ab co wi evi-,Qk.„ "12" VA AAR, Oko v15t v 0(O _.Q)k-e_,,NA.-- v.-tau/IA*0:0 wCeb -Za'o 0 K., r, A f n � nv A - f R(1Lt1 CDOOG /10 j t O)3 o ko_c -EIr,0 kJ) ( €' 2019-3121 ASOtO3 Chloe Rempel From: Sent: To: Subject: larry a Engel <larryaengel@comcast.net> Monday, July 15, 2019 3:56 PM CTB-County Board of Equalization Re: Restart CBOE Appeal for Larry A Engel Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. I had trouble with the program accepting the I'd number & could not figure out what or what not it accepted. I did mail by U.S. post office, postmarked today, my request for your consideration, following the on-line request foremat. Sent from my iPhone On Jul 15, 2019, at 14:55, <weld-cboe@weldgov.com><weld-cboe@weldgov.com>wrote: Dear Larry A Engel: Thank you for starting your CBOE appeal. Our records indicate that a CBOE appeal was started using this email address, but was not submitted. If you have decided not to appeal or have already submitted this appeal via mail, email, fax or in person, you do NOT need to complete this online submission. If you still wish to appeal, please return to your in - progress submission by clicking on the link below and complete the submission. Reload Saved CBOE Appeal The deadline for submitting an appeal is on or before July 15th for Real Property, or July 20th for Business Personal Property. Weld County Board of Equalization <wclogo.jpg> Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 1 Weld County: County, Board of Equalization (CBOE) 7/14/19, 1:24 PM op id County Board of Equalization Appeal Form Please Note: Submitting an appeal requires an Account Number (i.e. R1234567 or P1234567) which can be found on your Notice of Value or Tax Bill. You may also find your Account Number through our Property Information Portal. Step I - Contact Information Provide all of the requested contact information so that we may contact you if we have any questions regarding your appeal. Contact Name: Contact Phone Number: ( Contact Email Address: Confirm Email Address: larry angel 303j ) [880] - Fi] Ext. larryaengel@comcast.net larryaengel@comcast.net l https://www.co.weld.co.us/apps1/cboe/index.cfm?task=begin Page 1 of 5 7/14/19, 2:00 PM County Board of Equalization Appeal Form Add Property Add a property to your appeal by entering the account number and your reason for appealing. Verify the account number is correct by reviewing the property address and legal description we have associated with your account number. If you have more than one property to appeal, add one account at a time. ieyds rquir-ed1) Schedule/Account Number: LR4476006 (ie. R1234567) What is the reason for the appeal? tvalue Too High Estimate of the property's value as of June 30, 2018? (ie.250000) 400000 What is the basis for your estimate of value or your reason for requesting a review? (There will be an opportunity in a later section of this form to attach supporting documentation, i.e., comparable sales, photos, rent roll, appraisal, etc.) Comparable sales for your Residential property may be found using our SALES SEARCH TOOL. You can upload a PDF or spreadsheet in the next step or enter sales information in the box below. The sales information can either be an address or the account number of the comparable sale. For additional questions, see our DETAILED INSTRUCTIONS. https://www.co.weld.co.us/appsl/cboe/index.cfm?task=addprop&shownav=no Page 1 of 2 Contact Information: Larry Engel Cell Phone: 303-880-8211 Contact email Address: larryaengel@comcast.net Schedule/Account Number: R4476006 What is the reason for the Appeal? Value to high Estimate of the property's value as of June 30, 2018? $400,000 What is the basis for your estimate of value or your reason for requesting a review? This request is submitted to qualify for the July 15 filing deadline. Our house is part of an HOA shared patio condominium complex that was in a lawsuit with the builder because of house damages related to bentonite soil conditions due to improper soil treatment during the course of building the homes. We should have through the HOA a summary of cost estimates for the individual homes needing repairs sometime during the 4th quarter of this year 2019 or the first quarter of 2020. Please see attached for further detailed information related to this request. The first document gives a further detailed explanation of the background, the lawsuit, and the current state of affairs, plus preliminary work that has been completed. The second document provides a summary of those homes most likely to have significant repairs required and a simple grading system provided at the time the chart was completed by the Engineering Company that has been working with the HOA from the initial time of engagement in 2014. See line 3 which is my home (2063 Heritage Place) along with the attached duplex (2057 Heritage Place). I worked with Marta Arndt on the original request for valuation change and she indicated that there are two general home descriptions (Typical & Below Typical). It is my understanding that a Below Typical description could be applied to our situation until such time as cost information is obtained from the Engineering firm and provided to your Board for a further property evaluation review. Date: June 17, 2019 2019 Real Property Tax Protest Summary sheet for house rankings Heritage at Vista Ridge Erie, CO 80516 Attention: Marta Arndt, Property Appraiser Debbie Jakino, Senior Property Appraiser Thank you both for the meeting we had at your office on June 17, 2019. As we agreed, I am providing a summary of the homes that were declared in the 2017 worksheet to be most severely in need of repair according to the measurement criteria as used by the structural engineers that the HOA is working with (AKM Engineering, Littleton, CO). A summary of the situation is provided for those who may view this document that did not participate in our meeting today. Heritage at Vista Ridge is an HOA which filed a suit against the original Builder, (Boulder Builders, Louisville, CO), who stopped making corrections to the individual homes in the beginning of 2014. The total development was affected by Bentonite Soil issues which the Builder failed to adequately address before building and selling the homes. As a result the HOA filed a lawsuit against the Builder, which involved an out of court settlement in the first quarter of 2017. The HOA was represented by legal counsel, who used expert witness's to determine the related issues with the individual homes. Approximately one third of the homes were determined to be in need of potentially substantial need of repair. Those homes are shown in the attached document. The Development consists of 68 homes, of which 24 are shown in the attached summary. We have followed the suggestions of our Lawyer, the ground survey company, & the structure engineer company in the first phase of work to regrade the ground in the HOA to conform to ground levels away from the house foundation to match code. This work was done in the 2017/2018 time period. All homes were originally measured at the beginning of the process to determine which homes were out of specification. Subsequent to the ground improvements a subset of homes were used in 2018 as a measuring base for the homes after the regrading was completed. These same homes will be measured again in August of 2019 to verify if change has occurred or the soils under the homes have stabilized. After recordings are measured by the structure engineers, the HOA will work with the appropriate parties (engineers and general contractor(s) to determine which houses need repair, the scope and nature of the projected repairs, and the estimate of costs to cover the repairs. This is projected to happen in Quarter 4 of 2019. Estimated repair costs for removal of subfloors, creating a larger void under the subfloor, cement pilings to bedrock, pour new subfloor, and complete all repairs of basements which require the above repairs and re -install of furnace and hot water heater are estimated by the structural engineers to range between $275,00 and $325,000 per individual address. At this time the HOA does not know the total amount of homes to be done, the cost associated with the repairs, and the total time frame for completion of the homes. All of this information is anticipated to be calculated and made available in the first half of 2020, with the opportunity to began actual work on homes sometime in Quarter 2, 2020. Thank you again for your attention to this matter, .2 /3 Table 1 Quantity Address Distress Rating Out of Level (OOL) Void Remaining Total 1 1983/1977 Cedarwood PL 2'1935/1941 Briarwood PL 3 2057/2063 Heritage Place 4 1983/1989 Briarwood P1 52073/2079 Heritage PI. 6 1961/1967 Briarwood PI. 7 1923/1929 Briarwood PI.. 8 1951/1957 Heritage P. 9 2001/2007 Briarwood Pl. 10 2041/2047 Heritage PI. 11 1977/1983 Heritage Place 12 1963/1957 Cedarwood PI. Notes: 1 Above, 12 buildings, 24 individual homes. 2 Information from AKM Engineering, Littleton, CO 3 Distress Rating = # of Cracks & Magnitude of Cracks -- 1= Low; 5= High 4 OOL = Out of Level measurement -- All Floors: < 1.5 ° = 0; 1.5"-2.5"= 1; 2.5°-3.5"= 2; > 3.5'= 3 5 Void Remaining = distance from ground to bottom of sub floor: > 2"= 0; 0"-2"= 1; No void= 2 6 Total = ranking from most damage to least damage when adding categories together. 5 4.5 5 2 3 2, 3 0 9 8.5 8 7.5 5 1 I11 e(P CJ3(`-r C� �U lac 5/� ENVELOPE TO THE PLACE STICKER AT TOP OF ........ OF THE RETURN ADDRESS, FOLD ATD0TTEDRINET___..... CERTIFIED MAIL® \\\\\\\l\\\t\111 7E 1000 06,6,47 ©CCU' D ) 6 .- ^came �. � 76-S CC 70 t.I.:>0),1;6;GOSTAGEPAID ETT5, CoJ15, 19 AMOUNT R2$ M1;pT82-f)5 Hello