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Home My WebLink About20172389.tiffAugust 9, 2017 Petitioner: MORGAN MARK A 5835 PELICAN SHORES DR LONGMONT, CO 80504-5264 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 #: 2017-2389 Appeal #: 2008216910 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 R3386205 Stipulated - Approved Stipulated Value $953,866 $820,000 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?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 F EQUALIZATION WELD COUNTY Single County }ached ule Sumer* R338,620 • �. . • . r i JL ! . s w ♦ 7 . . t 1 . f ,N5 • a T f - i • .. . r • r �. s . i a a . . ! r ,. s 4 t • d f w .� t a - r • • i • • • • STIPULATION (As To Tax Year.b_20.11_,Actual Value) RE PETITION OF :113386205 NAME: Mark and Katherine Morgan ADDRESS: 5835 Pelican Shores Drive .Ortgxri ALL. Colorado 80504 Petitioner's and the Weld County Assessor hereby entar into this Stipulation regarding the tax year 2017 valuation of the sulject groperte, and jointly move the Board or l'Aittalization to enter its order based on this Stipulation. Pvtitivnees and Assessor agree and stipulate as follows: I. The property subject to this Stipulation is described as: PS t.n lii K; Pr1CAN SHORES PUD 2. The subject propeny is classified as Residential property.. 3. The `lie County lessor originally a i fined the following actual value to the subject property for the ta. year 2017: Total $953286 4. After further review and rtvga l iati ut. Petitioner (s) und Weld County Assessor -agree to the following tax year 017 actual value for the subject properly: Total $320,000 w. The valuation, as established above, shall be bindingonly with reflect to tax year 2017. 6. thief narrative as to why the reduction was made: Review of comparable properties 7. Both parties agree that: DThc hearing scheduled be fibre the Board of Equalization on (Date) at Clime) be vacated, OA hearing has not yet been scheduled before die floartl of Equalization, Error: Reference source not found. i DATED this day of . 20 et PetTtsorter(s) or Agent or A 11 Telephones s Docket Number -t+Erm �r r Error! Reference source not found. sistant) County Attorney to Respondent, Weld County Board of Commissioners Address: 1150 L' " Street P.O. Box 758 Greeley% Co80632 Tele• hone: (970) 33-7235 I -Count 1 4 sessor Address; 1400NAM Avenue Greeley, CO 80631 Telephone; (970) 353-3845 ext. 3697 From: To: Subject: Date: Attachments: weld-cboe@weldgov.com CTB-County Board of Equalization Board of Equalization Appeal Submitted Saturday, July 15, 2017 9:06:28 AM Property value appeal pdf.pdf Appeal Submitted: 09:06 AM on Saturday July 15, 2017 Contact Information Supplied: • Contact Name: Mark A Morgan • Contact Email: wmorans@q,com • Contact Phone: (303) 668 - 7271 • Email Preference: Contact through email Property: 83386205 - 5835 PELICAN SHORES DID , WELD Legal: PS L22 BLIP 1 PELICAN SHORES PUD Estimated Value: 800,000.0 Reason: Please see documentation letter attached. Documents 1.) Property value appeal pdf.pdf You have selected the following Date Preferences: July 15, 2017 To: Weld County Board of Equalization Re: Property Value appeal - 5835 Pelican Shores Drive We have received the notice that our protest of value has been denied due to comparison of other similar properties which sold during the 2015/2016 time period. We built this home in 2010 and were the general contractors. We have lived in the n eighborhood and watched a lot of the homes throughout the building process since ours was only the 5th home in the subdivision. Based on our building costs of $215K for the land and $400K for the building our total was approximately $615 + landscaping costs. I know the other homes that have been built out here have significantly more expensive upgrades/landscaping and building design... and their build costs were significantly more. We built on a budget and included tract home builder grade finishes due to our limited budget. We did a lot of the landscape work ourselves and frankly this home isn't going to bring the resale value that other homes in the neighborhood will bring. It is a n ice home, and being in a neighborhood with more expensive homes isn't a bad thing for our property value. But, having a value so dose to the other homes isn't a true picture of market value for this home. We don't have a boat house which several of the other lots have and the building costs, according to the owners, ranges from $75,000 +. Our home valuation went from $682,240 in 2016 to $953,866 in 2017. That is not the value of our home. This home in another neighborhood in Firestone would likely sell for $400 - $500K..maybe. On this lot, in this neighborhood it is more valuable. The valuations of other homes in Pelican Shores South are not consistent. Our home: 4160 SF - no basement/no boathouse/inexpensive finishes - we have a 2ft 9 inch `crawl' space.... Long story about elevation determine while we were building. $953,866 5795 Pelican Shores Ct $1,016,052 (Have you seen this home and landscaping/boat house/ lot? Ours is easily $500K less) 4477 SF + a basement ? 5851 Pelican Shores Dr $1,291,629 (Similar to above property) 4907 SF + 1250 basement 5779 Pelican Shores Dr $1,051,348 3489 + 1500 basement 5823 Pelican Shores Dr (they told us their value was lowered to $775K) - 3254SF + deep crawl space with access for storage. They spent about $200 more on construction costs. 5803 Pelican Shores Dr $958,007 (again, over $150K in landscaping and finishes are very u pgraded in comparison to ours) 5759 Pelican Shores Dr $977,987 ( similar size home, but landscaping, boat house, and upgrades significantly higher) We have experienced some social pressure due to the lower finishes and have even been told by one homeowner that we 'lower' the value of their home because we don't have the upgrades they do. The market value of our home would be significantly less than most if not all of the homes in the neighborhood. If you ask the neighbors they will agree. :-) Thanks for your time and consideration. Respectfully, Mark and Katherine Morgan 303-668-7271 wmorgansq.com 5835 Pelican Shore Dr Longmont, CO 80504 Hello