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Home My WebLink About20192593.tiffAugust 6, 2019 Petitioner: BESS DARIN J 222 COTTONWOOD AVE EATON, CO 80615-3529 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 2019-2593 Appeal 2008224362 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 R0870386 Stipulated - Approved Stipulated Value $317,184 $305,000 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 C.a4-G/Ct, e, rc� 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 R0870386 STIPULATION (As To Tax Year 2019 Actual Value) RE PETITION OF : NAME: Darin & Sarah Bess ADDRESS: 222 Cottonwood Ave Eaton, Co 80615 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: ETN 14500 L4 BLK1 MTN VIEW 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 $317,184 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 $305,000 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: After further consideration and additional review, an adjustment was made based on comparables and market grid. 7. Both parties agree that: 'PA The hearing scheduled before the Board of Equalization on 7/29/2019 at 3:00 pm be vacated. A hearing has not yet been scheduled before the Board of Equalization. 1 gxD &,5dI3 ASO(03 DATED this 23rd day of July , 2019 Darin ,T Fess Darin J Bess (Jut 24.2019! Petitioner(s) or Agent or Attorney Address: 222 Cottonwood Ave. Eaton. CO 80615 Telephone: 970-765-6966 Docket Number R0870386 Stip-1.Frm L.r ,�_ PI Pear (Assistant) County Attorney for Respondent, Weld County Board of Commissioners Address: 1150 "0" 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 R0870386/Bess Final Audit Report 2019-07-25 Created: 2019-07-23 By: Courtney Anaya (canaya@co.weld.co.us) Status: Signed Transaction ID: CBJCHBCAABAA7QinSn4RudVIhDKPZYm6uyaRvbGXtUtK "R0870386/Bess" History Document created by Courtney Anaya (canaya@co.weld.co.us) 2019-07-23 - 3:37:56 PM GMT- IP address: 204.133.39.9 Document emailed to Courtney Anaya (canaya@co.weld.co.us) for approval 2019-07-23 - 3:37:57 PM GMT v Document approved by Courtney Anaya (canaya@co.weld.co.us) Approval Date: 2019-07-23 - 3:38:07 PM GMT - Time Source: server- IP address: 204.133.39.9 E. Document emailed to Luis (Imunoz@weldgov.com) for approval 2019-07-23 - 3:38:08 PM GMT Email viewed by Luis (Imunoz@weldgov.com) 2019-07-23 - 3:48:39 PM GMT- IP address: 204.133.39.9 Document approved by Luis (Imunoz@weldgov.com) Approval Date: 2019-07-23 - 3:57:38 PM GMT - Time Source: server- IP address: 204.133.39.9 Document emailed to Brenda Dones (bdones@co.weld.co.us) for signature 2019-07-23 - 3:57:40 PM GMT Email viewed by Brenda Dones (bdones@co.weld.co.us) 2019-07-23 - 5:54:10 PM GMT- IP address: 204.133.39.9 % Document e -signed by Brenda Dones (bdones@co.weld.co.us) Signature Date: 2019-07-23 - 5:54:31 PM GMT - Time Source: server- IP address: 204.133.39.9 Document emailed to Darin J. Bess (electricalpm@gmail.com) for signature 2019-07-23 - 5:54:32 PM GMT Email viewed by Darin J. Bess (electricalpm@gmail.com) 2019-07-23 - 5:54:39 PM GMT- IP address: 66.102.7.40 jnte et: _. Adobe Sign 1 Document e -signed by Darin J. Bess (electricalpm@gmail.com) Signature Date: 2019-07-25 - 3:19:23 AM GMT - Time Source: server- IP address: 170.10.88.124 4 Document emailed to Karin McDougal (weld-cboe@weldgov.com) for signature 2019-07-25 - 3:19:25 AM GMT 111 Email viewed by Karin McDougal (weld-cboe@weldgov.com) 2019-07-25 - 3:42:10 AM GMT- IP address: 204.133.39.9 © Document e -signed by Karin McDougal (weld-cboe@weldgov.com) Signature Date: 2019-07-25 - 3:42:36 AM GMT - Time Source: server- IP address: 204.133.39.9 Q Signed document emailed to Darin J. Bess (electricalpm@gmail.com), Karin McDougal (weld- cboe@weldgov.com), canaya@weldgov.com, Courtney Anaya (canaya@co.weld.co.us), and 2 more 16N 2019-07-25 - 3:42:36 AM GMT ,..WEpr.7 ., AV 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: Darin Bess Contact Email: electricalpm@gmail.com Contact Phone: 970-765-6966 Appeal Submitted: 05:52 AM July 09, 2019 Appeal submitted for: R0870386 - BESS DARN J 222 COTTONWOOD AVE, EATON Legal: ETN 14500 L4 BLK1 MTN VIEW Reason: Value Too High - The average of the 6 attached comparables is $263,000 which seems to be inline with the market value of our home during the assessment period All of those home sold within the appraisal period. There are a few homes that sold for over $300,000 in the the comparable report from the Weld County website. However, those homes have considerably nicer finishes. In addition both of them have had recent major remodels or property improvements. Homes of similar value to ours have been included in the comparables I submitted previously as file "190527 Comparables". I believe based on my research and knowledge of the comparable's that this adjustment exceeds the market value of our property during the assessment period. Estimate of Value: $265,000.00 Document(s) Submitted: Account: All Accounts - 190527 Comparable Report.pdf Account: R0870386 - R0870386 INITIAL PROTEST.pdf You have selected the following Date Preferences: * Monday, July 29, 2019, from 3:00 p.m. to 4:30 p.m. Thursday, July 25, 2019, from 1:30 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, July 25, 2019, from 9:00 a.m. to 12:00 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 q a Q593 A'30iO3 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: Darin Bess Contact Email: electricalpm@gmail.com Contact Phone: 970-765-6966 Appeal Submitted: 05:34 PM May 27, 2019 Appeal submitted for: R0870386 - BESS DARIN J 222 COTTONWOOD AVE, EATON Legal: ETN 14500 L4 BLK1 MTh VIEW Reason: Value Too High - The average of the 6 attached comparables is $263,000 which seems to be inline with the current market value of our home. All of those home sold within months of the appraisal date. There are no recent comparables, my guess is due to a softening market. Estimate of Value: $265,000.00 Document(s) Submitted: Account: All Accounts - 190527 Comparable Report.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: 222 COTTONWOOD AVE EATON 74 Collins St IL\ GoLigle Subject Comp #1 aAV auusAa93 (85 Collins St E Collins St 17 Comp #2 39 Eaton 74 Map data (8)2019 Googie , Comp #3 R0870386 222 COTTONWOOD AVE EATON Distance N/A Sale Price N/A Sale Date N/A Time Adj Sale Price* N/A Residential SqFt 1,270 Land Acres 0.24 Built As Ranch 1 Story Year Built 1958 Total Bsmnt SqFt 1,270 Finished Bsmnt SqFt 1,270 Garage Attached SqFt 548 Garage Detached SqFt 0 Buildings 1 Outbuilding SqFt 0 Commercial SqFt 0 Accounts In Sale N/A Total Acres in Sale N/A * Time Adj Sale Price includes market appreciation from the sale date to the end of the base period, 6/30/2018 R0875386 R0879786 R0861586 419 COTTONWOOD 3 CEDAR CT WELD 9 PARK AVE EATON AVE EATON 1;354 ft $263,500 16 Mar 2018 $269,956 1,080 0.21 Ranch 1 Story 1969 1,080 0 500 0 1 0 0 1 0.21 1,265 ft $245;200 25 Aug 2017 $265,797 1,020 0.21 Ranch 1 Story 1921 1,020 510 0 216 1 0 0 1 0.21 1,065 ft $240,000 31 May 2018 $241:742 1,104 0.16 Ranch 1 Story 1918 792 792 0 506 1 0 0 1 0.16 R0870386: 222 COTTONWOOD AVE EATON Subject R0870386 222 COTTONWOOD AVE EATON Distance N/A Sale Price N/A Sale Date N/A Time Adj Sale Price* N/A Residential SqFt 1,270 Land Acres 0.24 Built As Ranch 1 Story Year Built 1958 Total Bsmnt SqFt 1,270 Finished Bsmnt SqFt 1,270 Garage Attached SqFt 548 Garage Detached SqFt 0 Buildings 1 Outbuilding SqFt 0 Commercial SqFt 0 Accounts In Sale N/A Total Acres in Sale N/A * Time Adi Sale Price includes market appreciation from the sale date to the end of the base period. 6/30/2018 Comp #4 R0877986 17 COTTONWOOD AVE EATON 1,041 ft $200,000 6 Oct 2017 $213,340 1,044 0.2 Ranch 1 Story 1920 884 0 0 240 1 0 0 1 0.2 Comp #5 R0879186 25 COTTONWOOD AVE EATON 930 ft $264,000 22 Feb 2018 $272,659 1,112 0.16 Ranch 1 Story 1949 462 462 0 576 1 0 0 1 0.16 Comp #6 R0877586 14 COTTONWOOD AVE EATON 1;036 ft $280.000 17 Mar 2017 $313,187 1,137 0.22 Ranch 1 Story 1952 1,137 1,137 0 480 1 0 0 1 0.22 July 24, 2019 Petitioner: BESS DARIN J 222 COTTONWOOD AVE EATON, CO 80615-3529 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 2019-2593, AS0103 Appeal 2008224362 Hearing 7129/20193:00 PM Account(s) Appealed: R0870386 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