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Home My WebLink About20192718.tiffAugust 6, 2019 Petitioner: DIEKE W JAMES AND MARY L TRUST 390 DUSK PL ERIE, CO 80516-2534 CLERK TO THE BOARD; PHONE (970) 400-4226; FAX (970) 336-7233 WEBSITE: www.weldciov.comd 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 2019-2718 Appeal 2008224371 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 R6783868 Stipulated - Approved Stipulated Value $537,827 $515,000 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 LLCO. T...t¢U �GZ 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 R6783868 STIPULATION (As To Tax Year 2019 RE PETITION OF : NAME: W. James & Mary Dieke ADDRESS: Actual Value) 390 Dusk Place Erie, CO 80516-2534 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 BLK3 DAYBREAK FG# 1A 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 $537,827 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 $515,000 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: Additional review of sales. 7. Both parties agree that: The hearing scheduled before the Board of Equalization on 7/25/19 at 8:30 be vacated. nA hearing has not yet been scheduled before the Board of Equalization. 1 O0th-a��g ASO'03 DATED this 24th day of July , 2019 W. Tames DieKe W. James Dieke (Jul 24, 2019) Petitioner(s) or Agent or Attorney Address: 390 Dusk Place Erie Co 80516 Telephone: 303-828-0154 Docket Number R6783868 Stip-1.Frm f. (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 R6783868/Dieke Final Audit Report 2019-07-25 Created: 2019-07-24 By: Courtney Anaya (canaya@co.weld.co.us) Status: Signed Transaction ID: CBJCHBCAABAArQSIV41J08dO_L87cOZW8n2Emv-uZnSp "R6783868/Dieke" History ti Document created by Courtney Anaya (canaya@co.weld.co.us) 2019-07-24 - 4:31:03 PM GMT- IP address: 204.133.39.9 E Document emailed to Courtney Anaya (canaya@co.weld.co.us) for approval 2019-07-24 - 4:31:05 PM GMT C5o Document approved by Courtney Anaya (canaya@co.weld.co.us) Approval Date: 2019-07-24 - 4:31:15 PM GMT - Time Source: server- IP address: 204.133.39.9 Document emailed to Marta Arndt (marndt@weldgov.com) for approval 2019-07-24 - 4:31:16 PM GMT '1 Email viewed by Marta Arndt (marndt@weldgov.com) 2019-07-24 - 4:37:26 PM GMT- IP address: 204.133.39.9 CSo Document approved by Marta Arndt (marndt@weldgov.com) Approval Date: 2019-07-24 - 4:41:41 PM GMT - Time Source: server- IP address: 204.133.39.9 CY Document emailed to Brenda Dones (bdones@co.weld.co.us) for signature 2019-07-24 - 4:41:42 PM GMT t Email viewed by Brenda Dones (bdones@co.weld.co.us) 2019-07-24 - 5:47:19 PM GMT- IP address: 204.133.39.9 C56 Document e -signed by Brenda Dones (bdones@co.weld.co.us) Signature Date: 2019-07-24 - 5:47:53 PM GMT - Time Source: server- IP address: 204.133.39.9 C', Document emailed to W. James Dieke (woodchip107@yahoo.com) for signature 2019-07-24 - 5:47:54 PM GMT t Email viewed by W. James Dieke (woodchip107@yahoo.com) 2019-07-24 - 10:26:21 PM GMT- IP address: 98.138.219.12 WIft • Adobe Sign 6,6 Document e -signed by W. James Dieke (woodchip107@yahoo.com) Signature Date: 2019-07-24 - 10:34:09 PM GMT - Time Source: server- IP address: 67.190.65.100 Document emailed to Karin McDougal (weld-cboe@weldgov.com) for signature 2019-07-24 - 10:34:10 PM GMT • Email viewed by Karin McDougal (weld-cboe@weldgov.com) 2019-07-24 - 10:48:07 PM GMT- IP address: 204.133.39.9 Document e -signed by Karin McDougal (weld-cboe@weldgov.com) Signature Date: 2019-07-25 - 2:40:14 AM GMT - Time Source: server- IP address: 204.133.39.9 • Signed document emailed to Karin McDougal (weld-cboe@weldgov.com), Marta Arndt (marndt@weldgov.com), Courtney Anaya (canaya@co.weld.co.us), Brenda Dones (bdones@co.weld.co.us), and 2 more 2019-07-25 - 2:40:14 AM GMT Adobe Sign NOTICE OF DETERMINATION RECEIVED Brenda Dones Weld County Assessor 1400 N 17th Ave Greeley, CO 80631 ACCOUNT' NO. J U L 1 0 2019 WELD COUNTY QMMlsSlOI TAX YEAR TAX AREA Date of Notice: 6/25/2019 Telephone: (970) 400-3650 Fax: (970) 304-6433 Office Hours: 8:00AM - 5:00PM LE GAL' DESCRIPTION/ PHYSICAL LOCATION R6783868 2019 5367 U PROPERTY Q DIEKE W JAMES AND MARY L TRUST 390 DUSK PL ERIE, CO 80516-2534 L11 BLK3 DAYBREAK FG# 1A 390 DUSK PL ERIE PROPERTY CLASSIFICATION ASSESSOR'S VALUATION ACTUAL VALUE PRIOR TO REVIEW ACTUAL VALUE AFTER REVIEW RESIDENTIAL 538,113 537,827 TOTAL 538,113 537,827 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: AL02 - The actual valuation of your property has been adjusted based on new information. This may be information you have supplied, corrections of characteristics or additional sales. 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 R6783868 2019-2718 AS0103 APIEA;PROCEQUR County Board of Equalization Hearings will be held from July 25"' through August 51h 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.qov/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. RETtTIQN 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.) $ s o c 1OOO 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.) (d2`cr ASSESSED VA► -04'110d AT-rJCt-IED St-UE.ET5 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. L. 9U) D i Signatdre ViCOD C14IP I Email Address 3to3 • SaS•0l'4 Telephone Number 'FEloo.Corr! ' Attach letter of authorization signed by property owner. 7-7-1r Date 15-DPT-AR PR 207-08/13 R6783868 2019 Tax Protest 5-14-2019 Talking points for assessed valuation of 390 Dusk P1 Erie Colorado 80516 1. 390 Dusk PI has a 2018 valuation of 495,000 and 360 Dusk P1 has a 2018 valuation of 532024 with a difference of 37024. The 2019 valuation of 390 Dusk P1 is 538113 the 2019 valuation of 360 Dusk P1 is 541085 with a difference of only 2972. How can this be accurate. Why the big difference? 2. 390 Dusk PI has a 2018 valuation of 495,000 and 402 Dusk Ct has a 2018 valuation 518,107 with difference of 23,107. The 2019 valuation of 390 Dusk P1 538,113 the valuation of 402 Dusk Ct 537,827 with a difference of 390 Dusk P1 now being valued at 286 dollars more than 402 Dusk Ct. We just have a concrete slab patio. How can this be? 3. 390 Dusk P1 is just about the lowest priced house of all the Daniel model listed in our area. 390 Dusk PI received just about the highest valuation increase of 43113 of the ten Daniel models listed (see attached spread sheet.). Why is this. Is this fair. 4. In 2018 we had the lowest valuation of the ten Daniel model homes. Now with the 2019 assessment we are much higher than many other homes. How can this change? We have not done any improvements. 5. The Richmond Daniel Model across the street has a walk out finished basement. It has all the upgrades up stairs and down with more finished square feet and is only valued at 26101 more than our home. The 2018 difference in valuation was 50,936. How can this be? Why would 390 Dusk PI have such a huge increase in assessed valuation as compared to the same model homes in our area? Sheetl Notes Address Finish Sq. Ft Orig.Sale 2018 Va 2019 Va + or - change Concrete 390 Dusk 3394 Model 381 Dusk 3718 Back Porch 360 Dusk PI 3718 Walk Out 331 Dusk 3718 320 Dusk 3718 Walk Out 311Dusk 3718 Garden 281 Dusk 2341 Concrete 250 Dusk 3461 Back Porch 335 Dusk Ct 3718 Walk Out 374 Dusk Ct 3718 448400 495000 538113 43113 0 545936 564214 18278 475300 532024 541085 9061 524400 538197 571207 33010 499500 512658 541085 28427 510800 554225 578711 24486 499500 480407 497423 17016 448400 496646 540663 44017 511000 545936 569380 23444 453000 522442 545878 23436 Back Porch 402 Dusk Ct 3389 488000 518107 537827 19720 Page 1 2019 Assessed Taxes2018 Taxes 38740 40620 38960 41130 38960 41670 35810 38930 41000 39300 5784 6288 6261 6593 6217 6322 6289 6674 5990 6322 6475 6762 5614 5812 5803 6317 6380 6653 6105 6378 2019 Tax +or - Increase 504 Increase 332 Increase 105 Increase 385 Increase 322 Increase 287 Increase 198 Increase 514 Increase 273 Increase 273 38720 6053 6284 Increase 231 u ® U } 70 63 [J ! ' 421 t 381 391', 401 411 3 371 351 361 `. 341 421' 331 420 39‘k 121.-t3 60 370 390 ! 404 350 3 i/ 330 ` 340 y �0 r 402 320 > 390 Dusk PI Imagery ©2019 Goggle, Map data ©2019 Goggle 50 ft 390 Dusk P1 Erie, CO 80516 https://www.googte.com/maps/place/390+Dusk+PI,+Erie,+CO+80516/._5f9887a9783:0xad7d181cQd447ee8t8m2t3d 40.0450268 kid -105.0380707 Page 1 of 2 July 22, 2019 Petitioner: DIEKE W JAMES AND MARY L TRUST 390 DUSK PL ERIE, CO 80516-2534 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 2019-2718, AS0103 Appeal 2008224371 Hearing 7125/20198:30 AM Account(s) Appealed: R6783868 Dear Petitioner(s): The Weld County Board ofEqualization has setadate ofJuly 25, 2019, atorabout the hour of8:30 AM, 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 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 you wish 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