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Home My WebLink About20172174.tiffJuly 28, 2017 Petitioner: VAN AKKEREN THOMAS J 2041 HERITAGE PL ERIE, CO 80516-4049 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 #: 2017-2174 Appeal #: 2008216822 Hearing Date: 7/27/2017 1:30 PM 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 R4476906 Stipulated - Approved Stipulated Value $500,000 $450,000 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 (0) 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, Esther E. Gesick, Clerk to the Board Weld County Board of County Commissioners and Board of Equalization Cc: Christopher Woodruff, Weld County Assessor CLERK TO THE BOARD 1150 0 STREET PO BOX 758 GREELEY 00 80632 Petitioner; VAN AKKEREN THOMAS J 2041 HERITAGE PL ERIE, O 8051 4049 U S POSTAGE >> PITNEY BOWES I"Wi'''t= L -- aer ZP "631 1 000.46 C12 411 0000335769 JUL 31 2017 0 Account # R4476906 Thomas & Barbara Akkeren re n The Ackkeren's have requested a reduction in their home value from $500,000 to $450,000, After review, we believe the reduction is warranted, The Akkeren's are in a neighbor that has had bentonite issues and are currently involved in a lawsuit with the builder. Their property has been impacted by the soil issue, We have sent a stipulation form that was sent back through the mail, but we have not received it yet. Therefore, we ask that the Board set their appealed valued to the agreed upon $450,00€, Duane Robson From: Sent: To: Subject: Attachments: Brion Bishop Property Appraiser Residential/Agricultural Division Weld County Assessor's Office 1400 N 17th Avenue Greeley, CO 80631 970-353-3845 EXT, 3 666 Man Bishop Wednesday, July 26, 2017 11:56 AM Duane Robson FW: Property Tax Appeal R44769O6VanAk.kerenSti p.pdf 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: Brian Bishop Sent: Tuesday, July 25, 2017 1:51 PM To: 'Barbara Van Akkeren' cvanl8@flash.net> Subject: RE: Property Tax Appeal Hello Thomas & Barbara, Thanks for getting back to me on this, I've attached the stipulation form with this email. I'll just need a signed copy sent back (emailed) and then I can complete the process of the appeal. Thank you for working with us on this. Brian Bishop Property Appraiser Residential/Agricultural Division Weld County Assessor's Office 1400 N 17" Avenue Greeley, CO 80631 970-353-3845 EXT. 3666 1 .� 1 %4•0 -el; °M 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: Barbara Van Akkeren [mailto:van18@flasknet] Sent: Tuesday, July 25, 2017 12:31 PM To: Brian Bishop <bbishop@weldgovcom> Subject: Re: Property Tax Appeal Mr. Bishop, I'm sorry for the delay in our response but we have been out of town and did not have access to a means to return a signed stipulation form. We accept your adjustment to an assessed value of S450,000 for our home at 2041 Heritage Place, Erie CO. If you send us a copy of the form, we will complete and return it to you. Thomas and Barbara Van Akkeren On Jul 17, 2017, at 9:41 AM, Brian Bishop <bbish pOwel lgov.eo n> wrote: Hello Mr. and Mrs. Van Akkeren, We have received your appeal for the property at 2041 Heritage Place in Erie. I will attempt to address your concerns and explain the basis for the valuations in that area. The way the county is valuing the Heritage at Vista Ridge area is by separating it into its own neighborhood (so it does not use any sales comps outside of the HVR area), and then dividing that neighborhood into 3 smaller parts that we call extensions. These extensions are used to differentiate the homes by those nearest the street, the interior homes, and the golf course/Front Range view homes. The $500,000 valuation you received is based on the sales of the premium lot homes. The other sales that you mention average $389,400 are in the other extensions and are not directly comparable. I also understand your view may be partially obstructed and will take that into consideration, however there is no sales data to back up a reduction in value of 30% based on this. You also mention the range of values for the homes in HVR. Value is based on square footage but the difference between 1465 and 1500 is relatively minimal. The big differences in value you see is because we are using deductions on the value of homes that reported significant damage. I understand the lawsuit does not allow for specifics to be released but we can only work with the information we receive when it comes to this situation. What I would be able to do in your case is reduce your adjusted $500,000 value down to $450,000 based on the information you provided. It appears your damage is minor (which is a good thing), but I understand the effects it would have on selling the property, as well as the general inconvenience of having repair work ongoing in your neighborhood. 2 If this sounds reasonable, I can send you a stipulation form to sign that will verify your agreement to this reduced value. This can be done through email if you are able to scan a signed copy back to us. If you wish to further continue the petition, a hearing in front of the county commissioners will be scheduled for you, I am not able to assign a specific time/date for your hearing; the scheduling is done by the County Board of Equalization. Let me know how you would like to proceed. Thank you Brian Bishop Property Appraiser Residential/Agricultural Division Weld County Assessor's Office 1400 N 17th Avenue Greeley, CO 80631 970-353-3845 EXT 3666 cimageOoi.Jpg> 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 From: To: Subject: Date: Attachments: weld-cboeweldg©v.com CTB-County Board of Equalization Board of Equalization Appeal Submitted Wednesday, July 12, 2017 8:17:47 PM 2041 Heritage 2017 Equalization Hearing Request.docx 2041 Heritage 2017 Revised Valuation Worksheet.xlsx 2041 Heritage Place Structual Damage Documentation.docx Assessed Value Comparison.xlsx Appeal Submitted: 08:17 PM on Wednesday July 12, 2017 Contact Information Supplied: • Contact Name: Thomas J Van Akkeren • Contact Email: va.n18@flash.net • Contact Phone: (281) 703 - 3316 • Email Preference: Contact through email Property: R4476906 - 2041 HERITAGE PL , ERIE Legal: ERI HVRCS UNIT 2041 HERITAGE AT VISTA RIDGE CONDOS PH 5 Estimated Value: $ 434,000 Reason: Comp sales, 2017 assessments for other properties and structural damage as detailed in attached 2041 Heritage Place Equalization Hearing Request document Documents 1.) 2041 Heritage 2017 Equalization Hearing Request.docx 2.) 2041 Heritage 2017 Revised Valuation Worksheet.xlsx 3.) 2041 Heritage Place Restricted View.JPG 4..) 2041 Heritage Place Structual Damage Documentation.docx 5.) Assessed Value Comparison.xlsx You have selected the following Date Preferences: July 27, 2017. at 1:30 - 2:30 p.m. July 27, 2017, at 9:00 a.m. - 10:30 a.m. July 31, 2017, at 1:30 p.m. - 3:00 p.m. July 26, 2017, at 1:30 p.m. - 3:00 p.m. July 12, 2017 To: Weld County Board of Equalization 1150 O Street, P.O. Box 758 Greeley, CO 80631 From: Owners: Address: Phone: E-mail: Re: R4476906 Thomas J. and Barbara B. Van Akkeren 2041 Heritage Place Erie, CO 80516 281-703-3316 van18@flash.net My wife and I would like to appeal the revised assessment of $500,000 for the property at 2041 Heritage Place Erie, CO. The revised amount doesn't appear to incorporate the data submitted in the original appeal and a review of the 2017 assessments in the neighborhood doesn't appear to justify the current assessment. We are attaching files to support our request for a further adjustment to $434,000 based on the following reasons: Sales in Heritage at Vista Ridge (HVR) do not support the $500,000 valuation because the only sale during the January 1, 2015 to June 30, 2016 review period that had a mountain view sold for $495,000 after having interior upgrades. Our residence has not had any upgrades or improvements since it was built in 2006. The remaining five sales averaged $389,400, with four of the fives sales having upgrades to improve their value. This suggests a premium of about $100,000 for a view of the Front Range. I mentioned in my original appeal that our view is partially blocked by trees planted by the HOA to protect HVR structures from errant golf balls from the adjacent course. The trees block our view of Longs Peak and obstruct 30% of our vista. A picture of this view is attached. If a reduction proportional to the obstruction is applied, this would reduce the value of the property by $30,000. This evaluation is different than in the original appeal because of the difference in the valuation of the view premium. A review of the 2017 assessments for HVR indicates there is a range of valuations from $375,000 to $578,529 for residences with a Front Range view and $315,000 to $421,501 for residences near ours that do not have a direct view. The range suggests that valuations are not made on a square footage basis since there are four residences that have the same $500,000 valuation despite having 1465 to 1500 sq. ft. of living space. There is also a substantial difference between our current assessment and that of our next door neighbor at 2029 Heritage Ridge, valued at $375,000. A summary of the valuations are in an attached spreadsheet. The lawsuit between HVR and the property developers has recently been settled, which should help to make HVR properties more attractive to buyers once necessary repairs are completed but until this is done, prospective buyers will be reluctant to purchase a property that may need remedial work. Because of the confidential nature of the settlement, we are not able to provide a copy of the settlement but a copy of correspondence with the HOA attorney is attached to document that our property has experienced damage and will need repairs. We estimate this impediment would lower our property value by $25,000 until repairs are completed because people would be less interested in purchasing a property that may result in their having to be displaced or discomfited during repairs. We also mentioned in our original appeal that there would be grading and landscaping modifications that would have a negative impact on housing values but this would occur in the future and wouldn't be a factor in assessments this year. We will be out of town until July 25 and will be leaving again on August 1 so we would appreciate our hearing be scheduled between July 26 and July 28. Since we would be coming from Erie, an appointment for late morning or afternoon would be appreciated. Respectfully Yours, Thomas J. Van Akkeren Barbara B. Van Akkeren 2041 Heritage Place Comparables Year Built ORIG PRICE DATE SOLD LIST PRICE SOLD PRICE 2006 $ 515,000 2007 $ 2006 $ 2007 $ 2007 $ 2007 $ 2008 $ 411,392 387,000 372,900 406,697 349,900 550,245 )41 HERITAGE PLACE E PLACE Jun -15 Dec -15 Oct -15 Nov -15 May -16 Apr -16 $ 389,000 $ $ 400/000 $ $ 397,700 $ $ 409,950 $ $ 400,000 $ $514,95Q $ S S 5 5 5 375,000 385,000 390,000 397,000 400,000 495,000 389,400 CHANGE CHANGE FROM DAYS ON MKT BEDS/BATH ABOVE GND SF NOTES ORIGINAL SALES PRICE - 8.85% -0.52% 4.60% - 2.40% 14.00% -10.04% 48 95 90 257 2. 90 3/3 3/2 3/3 3/3 3/3 3/3 2/3 100,000 Add to average price to reflect value of a view lot 489,400 Assumes property was upgraded similar to most sales 495,000 Close to average value, single sale, newer with upgrdes 1500 1465 1500 1486 1465 1486 1465 1478 25,000 Lawsuit inspection indicates structual damage to residence 30,000 HOA planted trees obstruct view of Longs Peak and 30% of vista 55,000 434,400 7% increase over prior assessed value no upgrades, has views, structual damage discovered u pgrades u pgrades u pgrades u pgrades/ Inconsistent DOM and sale price u pgrades and views From: Holly Dennis <hdennismsihoa.com> Subject: RE: Documentation for Assessment Dispute Date: May 23, 2017 at 8:54:56 AM MDT To: TOM VAN AKKEREN <vanl8 flash.net> Tom Here is what the attorney Mike Hern stated about your address The results show there is an out of level slab of 2.5 inches which is just past industry tolerance and a void left of 4 inches which is very good. We will probably have this on the monitor list to see what happens after the regrading is done. Thank you Holly Dennis, CAM, CMCA® Quality/Training Coordinator and Community Manager MI 11002 Benton Street Westminster, CO 80020-3200 (720) 974-4196 Fax (720) 974-4396 hdennis@msihoa.com From: TOM VAN AKKEREN [mailto:vanl8@flash.net] Sent: Sunday, May 21, 2017 8:41 PM To: Holly Dennis <hdennis@msihoa.com> Subject: Documentation for Assessment Dispute Holly, Gary Teegarden suggested I contact you to see if I could get documentation from the attorneys that are handling the Heritage Place lawsuit to support my claim that my property at 2041 Heritage Place Erie CO is one that is considered damaged and in need of repair. I also understand that solving the soil instability issues may also require substantial changes to landscaping around the buildings to preclude further damage. Would you please contact the law firm and request they provide some documentation that I can attach to my appeal, which has to be filed by the end of the month? Please contact me at 281-703-3316 if you have any questions. Torn Van Akkeren 2017 Assessment Comparisons for Heritage Place 2017 Assessment Review Heritage Place (all view lots) House No. Assessment Sq Footage Yr. Built <260 >350 Sift2 1923 557,308 1628 2009 342.33 1929 413,000 1685 2009 245.10 1951 536,340 1677 2008 319.82 1957 510,611 1486 2008 343.61 1977 471,217 1348 2008 349.57 1983 500,000 1465 2008 341.30 2001 555,470 1685 2007 329.66 2007 493,045 1486 2007 331.79 2023 500,000 1486 2006 336.47 2029 375,000 1465 2006 255.97 2041 500,000 1500 2006 333,33 2047 578,629 1628 2006 355.42 2057 573,589 1628 2006 352.33 2063 375,000 1677 2006 223.61 2073 574,314 1677 2006 342.47 2079 546/763 1486 2006 367.94 2089 499,356 1348 2005 370.44 2095 500,000 1500 2005 333.33 2101 572,151 1677 2005 341.18 2107 544,704 1486 2005 366.56 2117 505,000 1465 2005 344.71 2123 508,935 1348 2005 377.55 Maximum Average Minimum 578,629 508,656 375,000 Nearby buildings without a view Cedarwood rwood 2047 2041 2031 2025 Bria rwood 2007 2001 1989 1983 Average 364/775 400,351 316,000 387,330 385,135 387,330 392,817 421,501 381,905 1348 1500 1628 1465 1486 1465 1500 1628 355.42 330.77 223.61 <200 270.60 266.90 194.10 264.39 259.18 264.39 261.88 258.91 254.18 July 21, 2017 Petitioner: VAN AKKEREN THOMAS J 2041 HERITAGE PL ERIE, CO 80516-4049 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 #: 2017-2174, AS0097 Appeal #: 2008216822 Hearing Date: 7/27/2017 1:30 PM Account(s) Appealed: R4476906 Dear Petitioner(s): The Weld County Board of Equalization has set a date of JULY 27, 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 Esther E. Gesick Clerk to the Board Weld County Board of County Commissioners cc: Christopher Woodruff, Assessor Hello