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Home My WebLink About20192549.tiffAugust 6, 2019 Petitioner: WHALEN DAVID E 2480 BELLANCA CT ERIE, CO 80516-8130 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 2019-2549 Appeal 2008224301 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 R5823786 Stipulated - Approved Stipulated Value $641,035 $557,970 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 R5823786 STIPULATION (As To Tax Year 2019 Actual Value) RE PETITION OF : NAME: ADDRESS: David Whalen 2480 Bellanca Ct Erie, CO 80516-8130 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 EA2-10 L10 BLK2 ERIE AIR PARK SUB 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 $641,035 4. After further review and negotiation, Petitioner (s) and Weld County Assessor agree to the following tax year 2019 actual value for the subject property: Total $557,970 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: [71The hearing scheduled before the Board of Equalization on 7/25/19 at 1:30pm be vacated. nA hearing has not yet been scheduled before the Board of Equalization. 1 00(9-Qsc19 A50 (03 DATED this 17th day of July , 2019 , C.,id E. Whulrn {Jut 18.2081 Petitioner(s) or Agent or Attorney Address: 2480 Bellanca Court Erie, CO 80516 Telephone: 303-776-5907 Docket Number R5823786 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 R5823786/Whalen Final Audit Report 2019-07-18 Created: 2019-07-17 By: Debra Jakino (djakino@co.weld.co.us) Status: Signed Transaction ID: CBJCHBCAABAA9JSvPN5ZyFsnBoNUUURg6ejfbN2AFytt "R5823786/Whalen" History ' Document created by Debra Jakino (djakino@co.weld.co.us) 2019-07-17 - 5:13:02 PM GMT- IP address: 204.133.39.9 Document emailed to Debra Jakino (djakino@co.weld.co.us) for approval 2019-07-17 - 5:13:03 PM GMT e Document approved by Debra Jakino (djakino@co.weld.co.us) Approval Date: 2019-07-17 - 5:13:18 PM GMT - Time Source: server- IP address: 204.133.39.9 Iwo; Document emailed to Marta Arndt (marndt@weldgov.com) for approval 2019-07-17 - 5:13:19 PM GMT kj) E• mail viewed by Marta Arndt (marndt@weldgov.com) 2019-07-17 - 5:18:12 PM GMT- IP address: 204.133.39.9 Jo Document approved by Marta Arndt (marndt@weldgov.com) Approval Date: 2019-07-17 - 5:21:24 PM GMT - Time Source: server- IP address: 204.133.39.9 E? D• ocument emailed to Brenda Dones (bdones@co.weld.co.us) for signature 2019-07-17 - 5:21:25 PM GMT E• mail viewed by Brenda Dones (bdones@co.weld.co.us) 2019-07-17 - 9:24:13 PM GMT- IP address: 204.133.39.9 (xe Document e -signed by Brenda Dones (bdones@co.weld.co.us) Signature Date: 2019-07-17 - 9:24:51 PM GMT - Time Source: server- IP address: 204.133.39.9 D• ocument emailed to David E. Whalen (jwhalen@boulder.net) for signature 2019-07-17 - 9:24:52 PM GMT `'— Email viewed by David E. Whalen (jwhalen@boulder.net) 2019-07-17 - 9:47:21 PM GMT- IP address: 24.8.89.204 Adobe Sign Document e -signed by David E. Whalen (jwhalen@boulder.net) Signature Date: 2019-07-18 - 4:48:47 PM GMT - Time Source: server- IP address: 24.8.89.204 Document emailed to Karin McDougal (weld-cboe@weldgov.com) for signature 2019-07-18 - 4:48:49 PM GMT Email viewed by Karin McDougal (weld-cboe@weldgov.com) 2019-07-18 - 5:02:26 PM GMT- IP address: 204.133.39,9 Document e -signed by Karin McDougal (weld-cboe@weldgov.com) Signature Date: 2019-07-18 - 11:49:19 PM GMT - Time Source: server- IP address: 204.133.39.9 Signed document emailed to canaya@weldgov.com, Karin McDougal (weld-cboe@weldgov.com), Debra Jakino (djakino@co.weld.co.us), David E. Whalen (jwhalen@boulder.net), and 2 more 2019-07-18 - 11:49:19 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: Janice Whalen Contact Email: jwhalen@boulder.net Contact Phone: 303-776-5907 Appeal Submitted: 02:29 PM July 01, 2019 Appeal submitted for: R5823786 - WHALEN DAVID E 2480 BELLANCA CT, ERIE Legal: ERI EA2-10 L 10 BLK2 ERIE AIR PARK SUB Reason: Value Too High - See attached Estimate of Value: $575,000.00 Document(s) Submitted: Account: R5823786 - 2019 tax appeal protest fonn.pdf Account: All Accounts - 2019 tax appeal letter.pdf Account: R5823786 - R5823786_INITIAL PROTEST.pdf You have selected the following Date Preferences: Thursday, July 25, 2019, from 1:30 p.m. to 4:30 p.m. Thursday, July 25, 2019, from 9:00 a.m. to 12:00 p.m. Monday, July 29, 2019, from 3:00 p.m. to 4:30 p.m. Tuesday, July 30, 2019, from 1:30 p.m. to 4:30 p.m. Thursday, August 1, 2019, from 1:30 p.m. to 3:30 p.m. Thursday, August 1, 2019, from 9:00 a.m. to 12:00 p.m. 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 2019-2549 A50103 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: Janice Whalen Contact Email: jwhalen@boulder.net Contact Phone: 303-776-5907 Appeal Submitted: 01:47 PM May 29, 2019 Appeal submitted for: R5823786 - WHALEN DAVID E 2480 BELLANCA CT, ERIE Legal: ERI EA2-10 L10 BLK2 ERIE AIR PARK SUB Reason: Value Too High - See attached Estimate of Value: $575,000.00 Document(s) Submitted: Account: R5823786 - 2019 tax appeal protest forn.pdf Account: All Accounts - 2019 tax appeal letter.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 APPEAL OF 2019 REAL PROPERTY NOTICE OF VALUATION Account: R5823786 Address: 2480 Bellanca Court Subdivision: ERI EA2-10 L10 BLK2 ERIE AIRPARK SUB 2017 Valuation: $624,891 2019 Valuation: $641,035 Proposed Valuation: $575,000 I . My subdivision was declared as "blighted" by the Town of Erie in 2014. Since then, nothing has been done to amend or change this designation. 2. Though the streets in my subdivision are paved, they have been declared, "sub -standard" by the Town of Erie. The Town of Erie has further stated there is no intent to bring the roads up to standard. 2a. Specifically, Bellanca Court is slowly disappearing due to encroaching grass and weeds growing through the pavement despite my best efforts of vegetation control at my own cost. 3. There are no sidewalks, curbs or street lights on Bellanca Court or anywhere else in my subdivision. 4. There is no street maintenance whatsoever including, but not limited to, snow plowing. As a senior citizen it is imperative that I have ingress and egress to my home year round. Therefore, during the winter months I must rely on my neighbor to plow all of Bellanca Court. 5. The only access into the subdivision, Bonanza Drive, is still, slowly sinking due to old mine shafts. Once again, in 2018, as in years past, efforts were made to pump a stabilizing "filler" beneath the street. This appears to be a yearly process necessary to maintain a street which is navigable by large vehicles (IE school bus and emergency fire equipment). 6. I have no municipal sewer service. I provide and maintain a private septic waste disposal system. All of the following properties are within The Erie Air Park subdivision. Based on the sale prices below along with the above reasons, I propose that the value of my property is adjusted to $575,000. All of the properties listed below as well as my own are 2 acre lots. It is critical to note that all the properties surrounding the Erie Air Park are of a completely different generation and class and should not be used as comps. In determining the true and correct valuation of my property I respectfully request that you consider the following: 2017/2019 Comparative Sales: Sold Date Sold Price Address 2019/03/06 $600,000 2955 Piper Dr S, Erie, CO 80516 2019/03/01 $420,000 270 Viking Ct, Erie, CO 80516 2018/06/08 $610,000 185 Piper Dr, Erie, CO 80516 Beds/Baths Size 4 beds3 baths 6beds3 baths 4 beds3 baths 2,296 4,700 2,606 2018/05/16 $695,000 2018/02/05 2017/11/06 2017/10/16 2017/03/27 $380,000 $540,000 $530,750 $688,000 250 Cessna Dr, Erie, CO 80516 190 Cessna Dr, Erie, CO 80516 150 Cessna Dr, Erie, CO 80516 155 Commander Dr, Erie, CO 80516 265 Skylane Dr, Erie, CO 80516 Thank you for your thoughtful consideration of my appeal. Sincerely, David E. Whalen 3 beds3 baths 5 beds3 baths 4 beds4 baths 4 beds2 baths 4 beds3 baths 4,204 3,360 3,398 2,423 2,960 Weld1400 CountyAve Assessor N 17th • Greeley, CO 80631 Presorted First Class U.S. Postage PAID The Master's Touch, LLC 2019 REAL PROPERTY VALUATION INSIDE THIS IS NOT A TAX BILL. 44010'53"G50*-AUTO"5-DIGIT 80513 WHALEN DAVID E 2480 BELLANCA CT ERIE CO 80516-8130 illniril,rllrililrrll I.11I'11IInuI,nlrn1hu1'IlIIrlhhI'Ir 2019 REAL PROPERTY PROTEST FORM You may appeal the valuation and/or classification by June 1st online, in person, or mail this form to the assessor Website: www weldgay.com/deaartments/assessor Email: appealsi weldgov.com Location/Mailing: 1400 N. 17th Avenue, Greeley, CO 80631 Phone: 970-400-3650 Fax: 970-304-6433 Response only required if you wish to appeal the 2019 value Account Number. R5623768 llll11l1IIIFIIIHIIOil0IIIt1111ft ft Property Owner: WHALEN DAVID E What Is your estimate of the property's value as of June 30, 2018? $ I L'‘ TO APPEAL ACCOUNT R5823788 CHECK HERE YOUR REASON FOR APPEALING THE VALUE IS. Pleasieettaoh edd>gonal information aft necessary Signature . }Telephone Number Date L 1vx,\c r1 'tL I iC` 'Lt : PJC E -Mail Address AGENT AUTHORIZATION: You must provide written authorization If you are using an agent. The agent's name, mailing address, a{nall address, and telephone number must be provided. YOUR RIGHT TO APPEAL THE PROPERTY VALUATION AND/OR CLASSIFICATION TO THE ASSESSOR EXPIRES JUNE 1, 2019. If the date for filing any document falls upon a Saturday, Sunday or legal holiday, it shall be deemed timely filed if postmarked or received on the next business day. 39-1-120(3), C.R.S. 5[>;_7)(. Weld County Assessor 1400 N 17th Ave Greeley, CO 80631 Presorted First Class U.S. Postage PAID The Master's Touch, LLC 2019 REAL PROPERTY VALUATION INSIDE THIS IRNQT A TAX BILL 44010'53"G50""'AUTO"5-DIGIT 80513 WHALEN DAVID E 2480 BELLANCA CT ERIE CO 80516-8130 llllil,ll"ll'llll"II I,lI'llllll'I'III'lllllil'Illllill'I' 2019 REAL PROPERTY PROTEST FORM You may appeal the valuation and/or classification by June 1st online, in person, or mail this form to the assessor. Website; www weldaov.com/deaartments/assessor Email: appeals@weldgov.com Location/Mailing: 1400 N. 17th Avenue, Greeley, CO 80631 Phone: 970-400-3650 Fax: 970-304-6433 Response only required if you wish to appeal the 2019 value Account Number: R5823788 III1I�1111HIliillliillollll[ 111011llll1 Property Owner: WHALEN DAVID E What is your estimate of the property's value as of June 30, 2018? $ TO APPEAL ACCOUNT R5823786 CHECK HERE YOUR REASON FOR APPEALING THE VALUE IS Pleeed attach eddi tonal information ea necessary. Date Signature ;--, Telephone Number 1)C2 E -Mail Address AGENT AUTHORIZATION: You must provide written authorization If you are using an agent The agent's name, mailing address, e-mail address, and telephone number must be provided. YOUR RIGHT TO APPEAL THE PROPERTY VALUATION AND/OR CLASSIFICATION TO THE ASSESSOR EXPIRES JUNE 1, 2019. If the date for filing any document falls upon a Saturday, Sunday or legal holiday, it shall be deemed timely filed if postmarked or received on the next business day. 39-1.120(3), C.R.S. Hello