HomeMy WebLinkAbout20172533.tiffAugust 9, 2017
Petitioner:
FSY PARTNERSHIP
2699 47TH AVE
GREELEY, CO 80634-3738
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):
RYAN
7979 E TUFTS AVE SUITE 1500
DENVER, CO 80237-2843
RE: THE BOARD OF EQUALIZATION 2017, WELD COUNTY, COLORADO
NOTICE OF DECISION
Docket #: 2017-2533 Appeal #: 2008217024 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
R8073200 Deny - Administrative
Deny
$364,320 $364,320
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,
atX,d
Esther E. Gesick, Clerk to the Board
Weld County Board of County Commissioners
and Board of Equalization
Cc: Christopher Woodruff, Weld County Assessor
Chloe Rempel
From:
Sent:
To:
Subject:
Wade Melies
Friday, July 21, 2017 2:32 PM
Chloe Rempel
RE: CBOE Appeals scheduling
Say I don't know if you are done with these but they wanted admin den
Wade
From: Chloe Rempel
Sent: Friday, July 21, 2017 2:05 PM
To: Wade Melies <wmelies@weldgov.com>; Esther Gesick <egesick@weldgov.com>
Subject: RE: CBOE Appeals scheduling
Thank you Wade. I am working on getting these entered as we speak.
Chloe A. Rempel
Deputy Clerk to the Board
Weld County
1150 O Street
Greeley, CO 80631
tel.* 970-400-4225
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Wade Melies
Sent: Friday, July 21, 2017 1:54 PM
To: Esther Gesick <egesick@weldgov.com>; Chloe Rempel <crempel@weldgov.com>
Subject: CBOE Appeals scheduling
Here are 8 Admin Deny's for Ryan.
Wade
From: Poling, Matthew [mailto:matt.poling@ryan.com]
Sent: Friday, July 21, 2017 1:53 PM
To: Wade Melies <wmelies@weldgov.com>
Subject: RE: CBOE Appeals scheduling
Wade,
1
0Z,01 7- 25-.5-3
Per our discussion, we'd like to request administrative denials for the parcels listed below as well as pare
If you have any questions, please let me know.
Thanks Wade,
Matt
Matthew Poling, CPA*
Principal, Property Tax Commercial
Property Tax - Parent
Ryan
303.222.1845 Direct
720.524.0022 Ext. 21-2259
303.246.6647 Mobile
*Ryan is not a CPA Firm
From: Wade Melies [mailto:wmelies@weldgov.com]
Sent: Thursday, July 20, 2017 2:48 PM
To: Poling, Matthew
Subject: CBOE Appeals scheduling
Matt
Should I tell the scheduling people to schedule hearings for the below properties?
Taxpayer
Realty Income Corporation
REALTY INCOME CORPORATION
Circle K Stores Inc
FURNITURE ROW COLO LLC
Hexcel Corporation
oyes Hospitality LLC
VALUE PLACE DENVER CON FIRESTONE L
Thanks
Wade
Wade J. Melies
Commercial Appraiser
Weld County Assessor's Office
970-400-3672
wmelies(a weldoov.com
wmelies(a�co.weld.co.us
Parcel
1120723000018
120723202014
131310100033
R34/0305
R6775983
R8943247
R4697107
2
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
3
NOTICE OF DETERMINATION
Christopher M. Woodruff
Weld County Assessor
1400 N 17th Ave
Greeley, CO 80631
Date of Notice: 6/30/2017
Telephone: (970) 353-3845
Fax: (970) 304-6433
Office Hours: 8:00AM — 5:00PM
ACCOUNT NO.
TAX YEAR
TAX AREA
LEGAL DESCRIPTION/ PHYSICAL LOCATION
R8073200
2017
0602
GC L5 & 6 AND S13.55' L4 BLK18 KENDRICK
S ADD TOG WITH VACATED W 20' 9TH AVE ADJ
TO
RECEIVED
2751 9TH AVE
GARDEN CITY, CO JUL 18 2017
WELD COUNTY
COMMISSIONERS
ASSESSOR'S VALUATION
PROPERTY OWNER
FSY PARTNERSHIP
2699 47TH AVE
GREELEY, CO 80634-3738
PROPERTY CLASSIFICATION
ACTUAL VALUE PRIOR TO
REVIEW
ACTUAL VALUE AFTER
REVIEW
COMMERCIAL
364,320
364,320
TOTAL
$364,320
$364,320
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:
CM05 - The law requires that data from Jan 2015 to June 2016 be used to establish current values.
We have considered all three approaches to value and we have denied your appeal based upon this
data.
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):
RYAN
7979 E TUFTS AVE SUITE 1500
DENVER, CO 80237-2843
16-DPT-AR
PR 207-08/13
R8073200
2017-2533
APPEAL PROCEDURES
County Board of Equalization Hearings will be held from
July 24 ' 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 O Street, P.O. Box 758
Greeley, CO 80631
Telephone: (970) 356-4000 ext, 4225
Online: http//www.co.weld.co.us/apps/cboel
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.gov/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.
PETITION TO COUNTY BOARD OF EQUALIZATION
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.S.)
$ 275,000.00
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.)
The property is value din excess of fair market value based on the three approaches to value. In addition, the
property is valued in excess of other similarly situated properties.
ATTESTATION
I, the undersigned owner or agent' of the property identified above, affirm that the statements contained herein
and on attats her.ta-are time and complete.
Signature Matthew
matt.poling@ryan.com
303.222.1845
Telephone Number
Email Address
'Attach letter of authorization signed by property owner.
7/17/17
Date
16 -DPI -AR
PR 207-08/13
R8073200
LETTER OF AUTHORIZATION
FOR PROPERTY TAX REPRESENTATION
FSY Partnership
Property Owner
See Attached List
Subject Property
Weld County, CO
Jurisdiction and State
2017/2018
Year
This letter authorizes Ryan, LLC and its affiliate, Ryan Tax Compliance Services, LLC to
represent the above -named property as its property tax agent in the jurisdiction and state
named above. This authorization includes, but is not limited to: filing property renditions or
returns; signing and filing appeals; examining property tax records; and, appearances before the
assessor, boards of equalization or review, or other governmental agencies responsible for the
assessment of property.
If there are any questions concerning this authorization please contact the following:
Ian James, 720.524.0022, ian.james@ryan.com
A copy of any application or appeal attached to this authorization has been provided to the
undersigned property owner. A facsimile or scanned image of a signature below shall constitute
an original signing of this authorization and the document containing the original signature will
be submitted upon request.
This authorization shall remain effective as long as permitted by law or until revoked in writing
by the owner. The person signing below certifies that they are a duty appointed officer,
representative or agent of the owner and that they have the legal capacity to execute this
authorization.
Property Owner:
F '
Signature
Printed Name
7
Date
Title
Sworn and subscribed before me thsi-
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FSY Partnership - Property List
Address
Parcel
Jurisdiction
State
ABRA
R0157192
Weld
CO
Weld Garage
R4709107
Weld
CO
Weld Garage
R4709107
Weld
CO
Old Subaru
R3854886
Weld
CO
Old Mazda
R3854786
Weld
CO
Detail
R8073200
Weld
CO
Parking Lot
82296403
Weld
CO
R
an.)®
Innovative Solutions
to Taxing Problems.
July 17, 2017
CERTIFIED RETURN RECEIPT
7016 0910 0001 0623 4369
Weld Board of Equalization
P. O. Box 758
Greeley, CO 80631
Re: 2017 Property Protests
7979 E. Tufts Avenue
Stanford Place II
Suite 1500
Denver, CO 80237
Tel. 720.524.0022
Fax 720.524.0651
www.ryan.com
Enclosed are the 2017 Objection to Real Property Assessments for the following taxpayers and
parcel numbers:
Taxpayer
FSY Partnership
Parcel
R8073200
If you have questions, or need additional information, please contact Mr. Matthew Poling at
(720) 524-0022.
Sincerely,
Audria Eisenach
Senior Analyst
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7016 0910 0001 0623 4369
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