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Home My WebLink About20172358.tiffAugust 9, 2017 Petitioner: DELUISE R SCOTT 2480 CESSNA DR ERIE, CO 80516-8109 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 #: 2017-2358 Appeal #: 2008216877 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 R5826886 Stipulated - Approved Stipulated Value $1,236,151 $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, esi,Le 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 R5826886 STIPULATION (As To Tax Year_2917_ Actual Value) RE PETITION OF : R5826886 NAME: SCOTT & JAN DELUISE ADDRESS: 2480 CESSNA DR ERIE, CO Petitioner (s) 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 (s) and Assessor agree and stipulate as follows: 1. The property subject to this Stipulation is described as: ERI EA3-9 L9 BLK3 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 2017: Total $1,236,151,00 4. After further review and negotiation, Petitioner (s) and Weld County Assessor agree to the following tax year 2017 actual value for the subject property: Total $1,000,000.00 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: Square footage was adjusted 7. Both parties agree that: ZThe hearing scheduled before the Board of Equalization on (July 31St ) at (1:30pm) be vacated. EA hearing has riot yet been scheduled before the Board of Equalization. R5826886 DATED this 28 day of July, 2017. /LL -1 (Assistant) CountyAttorney or Respondent, Weld County Boa Commissioners Petitioner(s) or Agent or Attorney Address; -2/47s-'0 Cam.. G:3 .j Y _. Dc-- ": '! 'f Telephone: - 7/C)- 00.s Docket Number Stilt-1.Frm B.5826886 Address: 1150 "O" Street P.O. Box 758 Greeley, CO 80632 Telephone:(970) 336-7235 f County Assessor:;, Address: 1400 N.17th Avenue Greeley, CO 80631 Telephone: (970) 353.3845 ext. 3697 2 From: To: Subject: Date: Attachments: weld-cboe@weldgov.com CTB-County Board of Equalization Board of Equalization Appeal Submitted Friday, July 14, 2017 3:45:05 PM 0781 001.pdf Appeal Submitted: 03:44 PM on Friday July 14, 2017 Contact Information Supplied: • Contact Name: R SCOTT DELUISE • Contact Email: SCOTT@AI-MBC.COM • Contact Phone: (303) 710 - 5005 • Email Preference: Contact through email Property:: R5826886 - 2480 CESSNA DR , ERIE Legal: ERI EA3-9 L9 BLK3 ERIE AIR PARK SUB Estimated Value: $ 725000 Reason: COMPARABLE SALES DURING ASSESSMENT PERIOD Documents 1.) 0781_OOl.pdf You have selected the following Date Preferences: Scott and Jan deLuise 2480 Cessna Dr. Erie, CO 80516 May 30, 2017 WELD COUNTY ASSESSOR CHRISTOPHER M. WOODRUFF 1400 N 17TH AVE GREELEY, Co 80631 RE: Tax protest 2480 Cessna Dr Erie, CO 80516 Sirs: Attached please find a spreadsheet constructed from the IRIS multiple listing service historical records from January 1, 2016 to June 30, 2016. These comparables are in the immediate neighborhood, and most are in the same subdivision. All are within 1/2 mile of the subject property. All are in Weld County, Your records show 5302 square feet total in the subject. 1408 sq ft is listed as basement. We have two bedrooms and 5 baths, and two 2 car garages. All comparables have four or five bedrooms, four or five baths and 3 or 4 car garages. The average price of sold homes during this period, based solely on per square foot value is: $772,865.83. The median price of sold homes during this period, based solely on per square foot value is $715,213.25. We believe that the most fair valuation of our property should be the average of these two values and a downward adjustment for two or three fewer bedrooms is: $ 725,000 Thank you for your consideration, Sincerely, Scott deLuise, homeowner DOMJCDOM ler +© IFS a V) i 71} 413 N- O. S +fit a V gat egg C' 4" Col •.•q let Sold Listings i.1n 1.1•i ....l• ieon. i•.i.... N N Cl ral t^i,E 0 r4 rni 'No 0 0 • n GO I- aat 0 79 2poli I) C a cc r05 cCi 1 } kg sac r�- B C'ti el ser 0 0 0 CM GO Pd cu •i11aaH4-I-HMI• t. 1,0 C CIA 0 Co I• r i•• • Tf fig' us; not c 440 cu (41 o krey , O ce TO Elan, up No. 44 CL C e V 1 't`h+ at • In I ♦L tCri 1 e) -r ice+ CI inn Erc en f • its g E i irk 1len 6z C 0 • w coin O e I-7 gas a • u col 0 M .o..d•iqu •■•.Iln a•n4I i • s • sin ttO C efi bic #i 4" C CU 2 itt O o 401 .10 02 gui Ss ea tari esd yitis iLf tt n 45 en : a c, = is CCC'C : Cr? U) GO CIO 0 win 0 Lei A en N etti eq ��yI eti 2480 Cessna Dr. Avg. etvt was t t a� a 3 2480 Cessna Dr. Median $ 744,039.54 its co 0 <6 I ag : i t / • c E Listing Office r§ o M La Tar GIJ do co a tw aa In 4 Car Attached CD C S rti 1274 Links Ct IRES 756592 i in cC co tiO • T. Real -A -Save, LLC N 3 o i 0 O • it Or at. _ 1a v reeel SI • • 1RES 787765 W • • S F 6 t E GO v1 NOS 1RES 784801 S • • N CO N - c j a 0) S a- to 4 Pr 1W Ekt re E 0 44 Median Price CCI • • • i a 1 2 c4 Lr az GI a x at cc d• • : /• K I.-4 ; • 4 n st tell 7, C c • O t•� rel Expired Listings U IC a VI In Q 0 ,-4 1217 Links Ct i iuiiiiw\idilw a, r a } 45, sit I 2 A 0 7.4 a, alsr 2480 Cessna Dr. In GO GO • LI Q. On .—' - /EM Yr Q4 cft ■M C c t 0 § e on 5 Pe to cri ;. J July 21, 2017 Petitioner: DELUISE R SCOTT 2480 CESSNA DR ERIE, CO 80516-8109 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 #: 2017-2358, AS0097 Appeal #: 2008216877 Hearing Date: 7/31/2017 1:30 PM Account(s) Appealed: R5826886 Dear Petitioner(s): The Weld County Board of Equalization has set a date of JULY 31, 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 kLi+A Esther E. Gesick Clerk to the Board Weld County Board of County Commissioners cc: Christopher Woodruff, Assessor Hello