HomeMy WebLinkAbout20172336.tiffAugust 9, 2017
Petitioner:
FULCO FAMILY TRUST
207 ELBROOK DR
NATRONA HEIGHTS, PA 15065-2312
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 #: 2017-2336 Appeal #: 2008216848 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
R1773802 Stipulated - Approved
Stipulated Value
$395,420 $380,000
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,
az"6„,e
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 R1773$02
STIPULATION (As To Tax Year 2017. Actual Value)
RE PETITION OF
NAME: wreo Faulty Trust
ADDRESS: 00 EProok DE
Petitioner (s) and the WeidC�unty Assessor hereby eter into this Stipulation
regarding the tax year 2017 valuatiStorthe subject property, 411d jointly move the Board
ofEqualization ua tion to eater its order basOd onthis s do a.
Petitioner (s) andAssess ,a ree:md stipulate as follows:
1. The property subject tor this Stipulation is described as:
M Forsythia et Error CO
2. e subject property is classified as Residential property.
3. The County Assessor off y assignedthe following actual value to the
subject p e pees for the tax year 2017:
Total
4. Mier further review and negotiation, Petitioner (s) and Weld County Assessor
agree to the following tax year 2017 actual value for the subject
Total $380,000
5. The valuation, as established above, shall be it it ding only with respect to tax
year 2017.
6 . Brief =native as to why the reduction was made:
Reviewed land attributes and comparable sales
7. Both parties agree that
Orbe hearing scheduled before the Board ofEqualization on
at be vacated.
hearing has not yet been scheduled before the Board of Equalization.
R1773802
DATED this 18th day of July , 2017
etifione s) or
Address:
207 amok Dr
Nabena lied, PA 15085
Telephone(1t4) fl+C039 R
Rt77se02
Asian CoUn Attorney
Respondent, Weld County El rd of
Commissioners
Address:
115o "0" Street
P.O. Box 758
Greeley, CO 80632
Telephone:(97C) 336-7235
Ccsty Assessor
Address:
14f • N.17th Avenue
Greeley, CO 80631
Telephone: (970) 353-3845 ext 8697
2
r
NOTICE OF DETERMINATION
Christopher M. Woodruff
Weld County Assessor
1400 N 17th Ave
Greeley, CO80631
R1773802
RESIDENTIAL 395,420
OTAL
AREA
Date of Notice: 6/30/2017
Telephone: (970) 400-3650
Fax: (970) 304-6433
Office Hours: 8:00AM — 5:00PM
ERI 1 LVR L3 BLK2 VISTA RIDGE FO 1 L
2699 FORSYTHIA CT
ERIE , CO
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................ •........:.. .
RECEIVED
JUL 1 4 2017
WELD COUNTY
COMMISSIONERS
395,420
$395,420 f $395,420
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:
ALOI - Your property has been uniformly valued following Colorado law. Your protest of value has
been denied due to comparison of other similar properties which sold during the 2015/2016 time
period.
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(lfla), 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:
16 -OPT -AR
PR 207-08/13
R1773802
2017-2336
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County Board of Equalization Hearings will be held from
July 241h 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 0 Street, P.O. Box 758
Greeley, CO 80631
Telephone: (970) 356-4000 ext, 4225
Online: bttp://www,Co.weict,co.us/appsIcbopi
'Co.weI co.us/apps[cboe f
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 wilt 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.5.
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.zov/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.
What is your estimate of the property's value as of June 30, 2016? (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. )
$.3 3 o a
What Isithd 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.)
fa)(N-1/4 ‘e_nc
Er t -t t ft> Cr
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I, the undersigned owner or agent' of the property identified above, affirm that the statements contained herein
ar on any achments hereto are true and complete.
t.
47-41-rk
Signature
CICeG VtIt3trittn.
Eil Address
elephone Number
1 Attach letter of authorization signed by property owner.
clat I Date
16-DPT-AFB
PR 207-08/13
R1773802
Weld County Board Of Equalization July 10, 2017
Subject Property At 2699 Forsythia CT, Erie, CO 80516
I am proposing that the assessment for Y2017 & Y2018 be $37329039.
After looking at the latest Grid, used by the Property Appraiser, it seems to me that the
comparable properties #2, #3, and #7 are the best comps.
The average adjusted sales for these three props. is $373,290.39. THIS ASSESSMENT
IS ACCEPTABLE TO ME.
There were 9 sales in Sub -Division Vista Ridge #FG1L in the period Jan 01, 2015-Jube
30, 2016. The average sales price was $347,187.50 and the average 2017 assessment is
#364.523. (see Exhibit #1A)
I should also point out that the 2017 average assessment for the 4 remaining properties
that make up Forsythia Ct is #349,052. (see Exhibit #2)
$373,290.39 is greater than either of the above averages.
I still believe that the assignment of equal Land Values for ALL properties abutting the
GolfCourse is arbitrary and thus unfair.
I repeat that a more realistic approach would be to establish a grading System for these
properties. For example, using a scale of "1' through "Kr, for each property, perhaps
consider factors, AMONG OTHERS such as
1. ELEVATION IN RELATION TO ADJOINING PROPERTIES
2. ORIENTATION OF BUILDING ON THIS LOT
3. VIEW FROM THIS SITE IN ALL DIRECFIONS
4. PRIVACY ISSUES FROM NEIGHBORS
5, SUSCEY1ThIUTY OF ACCUMULATION OF TRASH IN AND
AROUND THE GOLF COURSE FENCE
6, PRESENCE OF WEEDS & TRASH BETWEEN THE FENCE AND MANICURED
GOLF PROPERTY
FURTHERMORE IF AN OVERALL VALUE OF 'to" WAS EQUAL TO $1+,}
THEN SOMETHING LESS THAN A "10" WOULD LOWER flUS NUMBER.
i.e A VALUE OF "5" WOULD CUT THIS NUMBER TO $8,125, WHICH WOULD THEN BE ADDED
TO THE BASIC $65,aaa FOR A LAND VALUE OF $73,125
Leonard J. Fulco, Trustee for The Fulco Family Trust
Comp Account
R1778802
R1777002
#7 R1777302
R1772702
R1777502
#3 R1775902
R1776302
R1777302
81773902
#2 R1779302
EXHIBIT # lA
Improved Property Sales in Sub -Division Vista Ridge #FGIL
assessments
Sale Date Sale Price 2015
Averages 9
NOTES:
6/3/16
1/15/16
11/11/15
9/14/15
7/31/15
5/22/15
5/6/1.5
2/17/15
2/10/15
1/20/15
Properties
$404,500
$330,000
$333,000
$385,000
$381,000
$332,000
331408
297994
311672
331674
346748
316144
2017
415428
326626
359707
388163
406478
359006
$0 311914 346641
$0 duplicate
$305,000 297908 316500
$307,000 309012 362109
$347,187.50 364523
% Increa
25.35%
9.61%
15.41%
17.03%
17.23%
13.56%
11.13%
6.24%
17.18%
14.75%
Sq Ftg Assessm Finished BR
mug ft
2279 182.29 926
1396
1875
2079
1902
1726
1897
233.97
191.84
186.71
213.71
208.00
182.73
1415 223.67
1851 195.63
202.06
0
0
627
971
612
0
7/11/17
Baths A4jMsted
Sales Price
4 4
3 2
3 4 361395
4 4
5 4
4 4 382612
3 3
0 3 3
602 4 4 375264
373090.333
Eight (8) Above properties in Sub Division FGI!-sold Jan Q1, 2Q15 lone 30, 2016. Two(2) retitled
Only two properties comparable to 2699 Property (Act R1773802)
Act R177002 assessed lower than selling price
Five Properies have 4 BR &4 Baths
Five Properties have finished Basements
(SEE EXH BIT #2)
Avg. 2017 Assessment of 4 Neighboring Forsythia et Properties is 349052
1
Exhibit # 2
6/10/17
Four Properties Making Up Balance of Forsythia Court
ACCOUNT Location
Relative to 2699
Forsythia CT
R1773602 Acrcros St Front Right
R1773702 Access it Front
R1773902 Next Door
R1774002 2 doors to Right
averages of above 4
R1773802 2699 Forsythia Gt
Assessment -2017 % Asesmnt
Increase
2017 vs 2016
378882
364826
316504
335996
349052
vs.
395420
1.
807
7.99
6.2
701
7.3175
vs.
20.18
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