HomeMy WebLinkAbout20172260.tiffAugust 9, 2017
Petitioner:
CLAYPOOL DAVID F
PO BOX 139
FIRESTONE, CO 80520-0139
CLERK TO THE BOARD
PHONE (970) 400-4226
FAX (970) 336-7233
WEBSITE: www.co.weld.co.us
1150 O STREET
P.O. BOX 758
GREELEY CO 80632
Agent (if applicable):
RE: THE BOARD OF EQUALIZATION 2017, WELD COUNTY, COLORADO
NOTICE OF DECISION
Docket #: 2017-2260 Appeal #: 2008216916 Hearing Date:
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. Section 39-8-101 et seq., considered
petition for appeal of the Weld County Assessor's valuation of your property described above, for the year
2017.
Account # Decision
The Assessment and valuation is set as follows:
Actual Value as Actual Value as Set by
Determined by Assessor Board
R7618999 Stipulated - Approved $299,000 $254,000
Stipulated Value
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. Section 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, 2016, MUST comply with the
following provisions of C.R.S. Section 39-8-107(5):
(5)(a)(I) On and after August 10, 2011, 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 section 39-8-108(1) or a denial of an abatement of taxes pursuant to section 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. Section 39-8-108(1), the rules of Colorado appellate
review and C.R.S. Section 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. Section 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,
Esther E. Gesick, Clerk to the Board
Weld County Board of County Commissioners
and Board of Equalization
Cc: Christopher Woodruff, Weld County Assessor
COUNTY BOARD OF EQUALIZATION
WELD COUNTY
Single County Schedule Number R7618999
STIPULATION (As To Tax Yearr2017__ Actual Value)
RE PETITION OF : R7618999
NAME: David Claypool
ADDRESS: PO Box 139
Firestone, CO
Petitioner and the Weld County Assessor hereby enter into this Stipulation
regarding the tax year 2017 valuation of the subject property, and jointly move the Board
of Equalization to enter its order based on this Stipulation.
Petitioner and Assessor agree and stipulate as follows:
1. The property subject to this Stipulation is described as:
FIR 2TS L21 TIMBERLAND SUB 2ND FG EXC N3FT
2. The subject property is classified as vacant land property.
3. The County Assessor originally assigned the following actual value to the
subject property for the tax year 2017:
Total $299,000.00
4. After further review and negotiation, Petitioner and Weld County Assessor
agree to the following tax year 2017 actual value for the subject property:
Total $254,000,00
5. The valuation, as established above, shall be binding only with respect to tax
year 2017.
6. Brief narrative as to why the reduction was made:
Review of sales in the area
7. Both parties agree that:
®A hearing has not yet been scheduled before the Board of Equalization.
Error! Reference source not found.
Petitioner(s
Address:
DATED this 19th ' ay of July . 017.
ofl
Attorney
PQ, Rev< f3p
Telephonee:' 3) d3'3— 57Y
Docket Number
Stip-1.Frm
Error! Reference source not found.
Assistant) County Attorney f
Respondent, Weld County Board of
Commissioners
Address:
1150 "O" Street
P.G. Box 758
Greeley, CO 80632
T- e • hone: (970) 336-7235
County Assessor
Address:
1400 N.17th Avenue
Greeley, CO 80631
Telephone: (970) 353-3845 ext. 3697
NOTICE OF DETERMINATION
Christopher M. Woodruff
Weld County Assessor
1400 N 17th Ave
Greeley, CO 80631
Date of Notice: 6/30/2017
Telephone: (970) 400-3650
Fax: (970) 304-6433
Office Hours: :00A :O0PM
R7618999
2017
3511
CLAYPOOL DAVID F
PO BOX 139
FIRESTONE, CO 80520-0139
PROPERTY CLASSIFICATION
RESIDENTIAL
LEGAL DESCRIPTION/ PHYSICAL LOCATION
FIR 2TS 121 TIMBERLAND SUB 2ND FG EXC N
aFT
468 HART ST
FIRESTONE , CO
RECEIVED
JUL 1 2 eon
WELD COUNTY
- COMMISSIONERS
ASSESSOR'S VALUATION
TOTAL
ACTUAL VALUE PRIOR TO
REVIEW •
301,436
$301,436
ACTUAL VALUE AFTER
REVIEW
2993000
$299,000
The Assessor has carefully studied all available information, giving particular attention to the
specifics included on your protest. The Assessors determination of value after review is based on
the following:
AO. - The actual valuation of your properly 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, § 394-106(1)(a), CAS.
Ttwdeadtinelorliling reatproperty-appeals is July disyr
The Assessor establishes property values. The local taxing authorities (county, school district, city,
fire protection, and other special districts) set mill levies. The.mill 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):
18 -CPT- AR
PR 207-08/13
2017-2260
t
-APP L PROCEDURES:.
County Board of Equalization Hearings will be held from
July 24th through August 4th 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 0 Street, P.O. Box 758
Greeley, CO80631
Telephone: (970) 356-4000 ext, 4225
Online: ha.: w.co, eld,ce�us a • i s 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 -W after such date, your right to
appeal is lost. You may be required to prove that you fled 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(), C,R.B. 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, § 39-2-1250)(e), 0)(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 .Assessment Apoals District Court 1313 herm an 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
ww dola . col oracjo. ovi baa telephone number. L
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 Me next business day, a 394-120(3,), C.R.S.
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What Is your estimate of the property's value as of June 30, 2016? (Your opinion of value in terns of a
specific dollar amount is required for real property pursuant to § 9-8-106(1.5), CRS,)
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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, Le., comparable sales, rent roll, original
installed cost, appraisal etc.)
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the dersigned owner or agent' of the property identified above, affirm that the statements contained herein
a �r.n any a hmto ar- rue and complete.
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Signatur- ,� Telephone Number Date
eta Avdterelgeteragicatto-c;
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I Attach letter of authorization signed by property owner.
16-DPT--AR
PR 207-08/13
Are
f -re A annn
David Claypool Appeal of Assessor's Valuation Decision
Page 1 of 3
8.Jul.2017
TO: Weld County Board of Equalization
1150 0 Street
P.O. Box 758
Greely, Colorado 80631
FROM: David Claypool
468 Hart Street
F.O. Box 139
Firestone, Colorado 80520
RE: Appeal of Assessor's Real Property Valuation Decision
I am disputing the Assessor's decision relative to the 2017 valuation of my real estate, as the
Assessor has chosen to apply an approximately 20% increase to the valuation of my real estate in
Firestone, CO. The Assessor's 2017 valuation has no realistic basis with regard to Market, Cost, or
Income, My real property is already fairly valued at the prior Assessor's valuation of $252,592.
Market
Market approach to realistic 2017 appraisal follows:
S/Sq Ft
Sq. Feet
$1,480'
,Sub Totals
$185,000
Dwelling
$125
Basement
-
50
$1,400
$70,0001
Garage
$50
$455
$22,750
Land
$1,200
Totals
$278,950
The lot (land) size is 500 square feet smaller than any other property in the neighborhood. This is
because the builder annexed 500 square feet from what was already the smallest lot for inclusion to
an adjacent property for more money.
• In addition to which, the lot has a 5 feet utility easement on all sides. The net effect is that the
actual usable lot size is marginally larger than the home itself.
This home/property has no additional amenities or upgrades.
• This home/property has no finished basement.
• This property is rural and remote, positioned 1 hour commute from the nearest well paying job
pools. Average household income for Firestone is $88,000/year.
If I were to market or sell the property, I would have to first address depreciation items, including:
Focus Area
Depreciation ,
Market
/ Sales Details
Shingles
$10,000
Near end of se rvi ca b le life and has wind & hail damage
Central
Air
$8,000
Past end of servicable life and would require
replacement
Carpet/Flooring
$5,000 r
Past end of servieable life and would
require
replacement
Cabnets/Counter
Tops
$5,000.
Past end of servieable life and would require replacement
ent
Sinks/Baths '
$1,200
i
Past end of servieable
life and would require
replacement
Totals
29,200
investment
necessary
to make !pir opertivirmarketable
I
if
David Claypool
Appeal of Assessor's Valuation Decision Page 2 of 3
Therefore, if one is to use a "Market Approach" to arrive at a realistic 2017 valuation, one may
quickly determine that for my real estate to be "marketable" or "saleable" $29,200 would need to be
invested. As the property is not being sold; but rather, the property is being assessed, one would thus
subtract the depreciation from the cost leaving: $249,750 as the realistic "as is" appraisal value,
• The prior real property Assessor's Valuation was $252,592.
• We have just deters ined the market value of my real estate is $249,750.
• This translates to a current over --valuation by the Assessor of $2,842 or otherwise 1% above a
realistic current valuation.
This is not a surprising conclusion; given a fact that since I built the home in 2001, the
Assessor has previously increased my valuation 54%...prior to this 2017 review, The Assessor
increased my property valuations even throughout the recent eight (8) years of upside-down valuation
and liquidity in the market when many properties in the neighborhood were undergoing short -sells.
These facts lead us to one simple conclusion: That conclusion is that my real property is
already fairly valued at the prior Assessor's valuation of $252,592.
Cost
I contacted my insurance provider: State Fann. I asked what values I should use for full
replacement. The following are costs State Farm recommends pursuant current market conditions:
5/Sq Ft
Sq
Feet
Sub
Totals
Dwelling
$125
$1,480
$185,04q
Basement
$50
$1,400
$70,f}04
Garage
$50
$455
$22,750
Land
$1,200
$1150950 I
Totals ( C ... ..
Income
The average income for Firestone, CO is $88,000 per household. Currently, actual
unemployment is very high, with thousands of highly skilled individuals unable to find work. This is a
fact that I know all too well, as I was laid off from IBM after 18 years of service. I come in contact
daily with individuals unable to find work. Networking groups across metro -Denver and northern -
Denver are full of skilled labor unable to find work.
Smucker's company is moving a facility to Longmont; however, Smucker's told the City that it
would only guarantee incomes of $45,000 per individual. This tends to support statistics relative to
individual contributor incomes in Northern Colorado.
Point being: The Assessor's valuation of real property is far beyond the purchase capability of
average working families — relative to like property. This only further solidifies a fact that the
Assessor's valuation is not realistic pursuant "Market Value" or "Sale Capability" with regard to "like
property".
•
if
David Claypool
Appeal of Assessor's Valuation Decision Page 3 of 3
Land. Value
A very generous assessment of value regarding my lot of real property is $1,200. The lot is
only 7,300 square feet in total (.16 Acres) in total. This fact translates to a lot that is 500 square feet
smaller than any other lot in the community. In addition, the lot has 5 feet utility easements on all
sides, translating to a usable lot that is only marginally larger than the footprint of the home itself.
These tiny lots are excessively challenging to sell on the market.
Current land values were already fairly factored and valued into the prior Assessor's valuation.
of $252,592. An increase in valuation for 2O17 is neither realistic nor warranted.
Improvement Value
As I was previously on a modest income as only a single earner, there have been no property
improvements made to the property since initially building the home. Prior to this 2017 review, the
Assessor previously increased my real property valuation 54% - far outpacing inflation and prior
improvements.
All improvements to the real property were already fairly factored and valued into the prior
Assessor's valuation of $252,592 An increase in valuation for 2O17 is neither realistic nor warranted.
Comparable Properties
If one is to use an "Actual Market Approach" to arrive at a realistic 2017 valuation, one may
quickly determine that for my real estate to be "marketable" or "saleable" $29,200 would need to be
invested. As the property. is not being sold; but rather, the property is being valuated "as -is", one would
thus subtract the depreciation from the cost leaving: $249,750 as the realistic "as is" actual market
value.
The prior real property Assessor's Valuation was $252,592.
• We have already determined the market value of my real estate is $249,750.
• This translates to a current over -valuation by the Assessor of $2,842 or otherwise 1% above a
realistic current valuation.
Location of my real property in Firestone, CO, is rural and remote - positioned 1 hour commute
from the nearest well paying job pools. Average household income for Firestone is $88,000/year.
• Sales during the past 4 -month period have been of properties which have upgrades, new roofing
material, upgraded kitchens and baths, upgraded flooring throughout, upgraded windows, upgraded
yard, irrigation, and frees.
• Sales during the past 24 -month period have been of properties that have larger lots and usable
space.
Sales during the past 24 -month period have been of properties that have finished basements, and
some with walkout basements, and yet others with bigger garages or even 3 -car garages. Some
even have additional storage sheds.
During the past 4 -months, there have been no comparable or like -properties that have sold in the
communitycommtmity of Old Firestone; because, there are no like -properties selling or scheduled to be sold.
In summary, all facts lead us to one simple conclusion:
1. My real property is already more than fairly valued at the prior Assessor's over -valuation of
$252,592.
• An increase in valuation for 2017 is neither realistic nor warranted. An increase in
valuation at this time would represent an unfair representation by the Assessor's Office.
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