HomeMy WebLinkAbout20172462.tiffAugust 9, 2017
Petitioner:
BIEHLER RONALD H
169 COMMANDER DR
ERIE, CO 80516-8128
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 #: 2017-2462 Appeal #: 2008217003 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
R1457102 Stipulated - Approved
Stipulated Value
$1,100,000 $1,000,000
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. 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,
e‘tz76,,,e 1/41-A
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: chedule Number 81457102
STIPULATION (As To Tax Year 2017 Actual Value)
RE PETITION OF : 8.14457102
NAME: Ronald & Gleam Bichler
ADDRESS: 169 Commander Dr.
Erie, CO 80516
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:
I . The property subject to this Stipulation is described as:
L5 BLIC2 Vista Pointe
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 2011:
Total $1,191,901
4. After anther review and negotiation, Petitioner and Weld County Assessor
awe to the following tax year 2017 actual value for the subject property:
Total $1,000,000
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:
After further review of sales was able to lower value.
7. Both pestles agree that:
ElA hearing has not yet been scheduled before the Board of Equalization.
Error! Reference source not found.
1
DATED this 21st day of July, 2017.
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Docket Number
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(Asitant) County,4ttatney-for
Respondent, VIIe1d:Courtty Board of
Commissioners.
Address:
1150 "Ow Street
PD. Box 758
Greeley, Co 80632
Te!ep ne:(970) 336-7235
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County Assessor ...e -
Address:
1400 14.17th Avenue
Greeley, CO 80631
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Telephone. (970) 3534845 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: 8:00AM — 5:00PM
CCU1Irt
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TAB
LEGAL
DESCRIPTION/
PHYSICAL
LOCATION
R1457102
2017
1
3544
ERI
I
VP
Lb BLK2
VISTA
POINTE
ROPERTY OWNER
169
ERIE,
FIERCER
COMMANDER
CO
RONALD
80516-$12S
H
DR
169
COMMANDER DR
A_ CEIVED
ERIE , Co
jit
I
t1I 2.OI
'
WELD
COMMISS!ONFFL
COUNTY
PROPERTY
CLASSIFICATION
ASSESSOR'S VALUATION
ACTUAL
VALU:E
REVIEW
PRIOR
TO
ACTUAL
VALUE
REVIEW
AFTER
RESIDENTIAL
1,191,901
1,100,000
I TOTAL
$1,191,901
$1,100,000
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:
A L O2 - 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, § 39-8406(1)(a), C.R.S.
i he deadline for riling reel properly appears 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):
16-DPT-AR
PR 207-0B/13
R1457102
2017-2462
PROCEDURES
APPEAL
County Board of Equalization Hearings will be held from
July 24th through August 4th at 1150 0 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: http://vvwwecoNyeleLco,ustappsieboei
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 ApoI
1313 Sherman Street, Room 315
Denver, CO 80203
(303) 866-5880
w'vv \ .r .' i c e cc) o cock). ci C)v /ha a
District Court
contact the District Court in the county
where the property is located. See your
local telephone book for the address and
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. .
PETITION
BOARD
OF
EQUALIZATION
1
TO COUNTY
What is your estimate of the property's value as of June 30, 2016? (Your opinion of value in terms of a
specific dollar amounbis required for real property pursuant to § 39-8-106(1.5), CRS.)
$ {-AA)? 011)/),42ress
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.)
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ATTESTATION
I, the undersigned owner or agent' of the property identified above, affirm that the statements contained herein
n any attaph.ents hereto are true and complete.
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Email Address
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Telephone Number
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I Attach letter of authorization signed by property owner,
Date
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16-DPT-AR
PR 207-08)13
R1457102
July 14, 2017
Weld County Board of Equalization
1150 0 Street, P.O. Box 758
Greeley, CO 80631
Re: 2017 Real Property Protest of Valuation - Account Si R1457102
Dear Weld County Board of Equalization,
I'm writing you to respectfully protest the valuation of our Property located at 169 Commander
Drive in Erie, CO 80156 as valued on June 30, 2016 by the Weld County Assessor's office. This
property is located in the Vista Pointe neighborhood of ERI VP 13 BLK2 VISTA POINTE property
description. The basis of my protest is on market value for comparable home sales from January
1, 2015 thru June 30, 2016. With the latest Weld County Assessors valuation of $1,100,000 from
the prior period $920,000 valuation that is an increase of $180,000. This new valuation
($1,100,000) would represent an increase in tax value from the date of purchase (October 2013) to
the aforementioned June 30th, 2016 of $231,428 or 27% in just two and a half years (when
comparing to the entire valuation date range). It is unreasonable in my estimation that our
property has appreciated to a tax basis of this level when compared to like properties in the
surrounding area that have sold in the previously stated timeframe. The comparable sale
properties that I'm utilizing as evidence of this statement are listed below and the homes at 145
Piper Drive ($1,000,000) and 2520 S. Cessna Drive ($1,000,000) were not only the highest priced
sales in the Erie Airpark area but the City of Erie as a whole for the timeframe rye of 2015 calendar
year through June 30, 2016. Considering our property has 2.25 acres of land, 4,085 Finished
Square Feet in the main dwelling (unfinished basement) and 992 Finished Square Feet in the
dwelling above unattached garage compared to the larger finished main dwelling, lot and hangar
of the Piper Drive Property (see below) as well as the larger lot and hanger of the S. Cessna
Property, I've valued our property at $980,000 ($103/Finished Square Foot). This valuation places
our property $33 to $46/Finished square foot higher than the highest priced sales in Erie.
The properties utilized in my valuation are listed below and are acreage properties in the Erie
Airpark neighborhood in addition to a ranch style home located in the Vista Pointe neighborhood.
Note the Piper Drive property includes nearly twice the acreage as our property and greater total
finished square feet by 1,734 sq ft. as well as a 2,666 Finished Square Foot Hangar.
COMPARABLE PROPERTIES:
145 Piper Drive Erie, CO 80516 a Sale Price $1,000,000 ($x.47/Finished Square Foot)
5,260 Finished Square Feet Main Dwelling
1,551 Finished Square Foot Basement
2,666 Finished Square Foot Hangar
415 Acres
2250 S. Cessna Drive Erie, CO 80516 — Sale Price $1,0000000 ($160/Finished Square Foot)
3,365 Finished Square Feet Main Dwelling
2,877 Finished Square Foot Basement
3,551 Finished Square Foot Hangar
3.07 Acres
2665 Bonanza Drive Erie, Co 80516 - Sale Price $820,000 (Ranch Style Home)
2,736 Finished Square Feet Main Dwelling
1,985 Finished Square Foot Basement
2.00 Acres
193 Commander Circle Erie, CO 80516 Sale Price $835,000 (Ranch Style Home)
3,496 Finished Square Feet Main Dwelling
1.00 Acres
The properties listed herein are the closest sates in proximity and property type (acreage) for the
time period in question. The Piper Drive and S. Cessna Drive are two-story homes similar to ours
while the Bonanza Drive and Commander Circle homes are ranch style homes.
I appreciate your consideration of this protest and thank you for your time.
Regards,
Ronal ile�r
169 Commander Drive Erie, CO 80516
(303) 254-4140
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July 21, 2017
Petitioner:
BIEHLER RONALD H
169 COMMANDER DR
ERIE, CO 80516-8128
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
NOTIFICATION OF HEARING SCHEDULED
Docket #: 2017-2462, AS0097 Appeal #: 2008217003 Hearing Date: 7/26/2017 1:30 PM
Account(s) Appealed:
R1457102
Dear Petitioner(s):
The Weld County Board of Equalization has set a date of JULY 26, 2017, at or about the
hour of 1:30 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, 2017, 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 obtain the data supporting the Assessor's valuation of your property, please
submit a written request directly to the Assessor's Office by fax (970) 304-6433, or if you
have questions, call (970) 353-3845. Upon receipt of your written 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
{CA
Esther E. Gesick
Clerk to the Board
Weld County Board of County Commissioners
cc: Christopher Woodruff, Assessor
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