HomeMy WebLinkAbout20151385.tiff RESOLUTION
RE: ACTION OF THE BOARD CONCERNING PETITION FOR ABATEMENT OR REFUND
OF TAXES - SHE LAND, LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners of Weld County, State of Colorado, at a
duly and lawfully called regular meeting held on the 18th day of May, 2015, at which meeting there
were present the following members: Chair Barbara Kirkmeyer, and Commissioners Mike
Freeman, Sean P. Conway, Julie A. Cozad, and Steve Moreno, and
WHEREAS, notice of such meeting and an opportunity to be present has been given to
the taxpayer and the Assessor of said County, with said Assessor, Christopher Woodruff, being
present, and taxpayer, SHE Land, LLC, being represented by their agent, and
WHEREAS, the Board of County Commissioners has carefully considered the attached
petition, and is fully advised in relation thereto.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Board concurs with the recommendation of the Assessor and the
petition be and hereby is, denied, and an abatement or refund be allowed as follows:
CORRECTION
TO ASSESSED ABATEMENT TAX
VALUATION OR REFUND YEAR
$0.00 $0.00 2012
2015-1385
AS0090
TAX ABATEMENT PETITION - SHE LAND, LLC
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 18th day of May, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLpRADO
n
ATTEST: ditifie4)
Barbara Kirkmeyer, Chair f
Weld County Clerk to the Board \
a__/n�__ r, Mike Freeman, Pro-Tem
•JL- aA,RILL,
D Ity Clerk to the Bo fdoos ,or ��
e } . ‘ P` Sean P. Con ay 1
APPROVED AS TO FO' : R _ZZ I, bvCe/ aacti
1$61 �( ?'O1z al Juli . Cozad
County torney V• jT' l
% °� a Steve Moreno
tOI 9 ~
Date of signature:
2015-1385
AS0090
L
PETITION FOR ABATEMENT OR REFUND OF TAXES
71
County:WELD Date Received
(Use Assessor's or Commissioners'Date Stamp)
Section I: Petitioner, please complete Section I only. r l r r,
Date: 12/12/2014 RE ig:oi
ED
Month Day Year
Joseph C. Sansone Co.,Attn: David Johnson DEC 2 g 2014
ose
Petitioner's Name: p
Petitioner's Mailing Address: 18040 Edison Ave. ENt COUNTY ASROR
Chesterfield MO EY, COLORADO
City or Town State Zip Code
SCHEDULE OR PARCEL NUMBER(S) PROPERTY ADDRESS OR LEGAL DESCRIPTION OF PROPERTY
R0028093/095914401009 2605 35th Ave
Petitioner requests an abatement or refund of the appropriate taxes and states that the taxes assessed against the
above property for the property tax year 2012 are incorrect for the following reasons: (Briefly describe why
the taxes have been levied erroneously or illegally,whether due to erroneous valuation, irregularity in levying,
clerical error, or overvaluation. Attach additional sheets if necessary.)
The Assessor's calculation of the property's fair market value exceeds the property's actual fair market value.
RECEIVED
APR 292015
Petitioner's estimate of value: $1,497,790 (2012 ) WELD COUNTY
Value Year COMMISSIONERS
I declare, under penalty of perjury in the second degree, that this petition,together with any accompanying exhibits
or statements, has been prepared or examined by me, and to the best of my knowledge, information, and belief, is
true, correct, and complete.
J Q Daytime Phone Number j )
r< Petitio�r's Sianatur � .. Jsa r#
By / Y&� ' Daytime Phone Number(636 ) 733-5455
eAg nt's Signature'
*Letter of agency must be attached when petition is submitted by an agent.
If the Board of County Commissioners,pursuant to§39-10-114(1),C.R.S.,or the Property Tax Administrator.pursuant to§39-2-116,C.R.S..
denies the petition for refund or abatement of taxes in whole or in part,the Petitioner may appeal to the Board of Assessment Appeals pursuant
to the provisions of§39-2-125,C.R.S.,within thirty days of the entry of any such decision,§39-10-114.5(1),C.R.S.
Section II: Assessor's Recommendation
(For Assessor's J Use Only)
Tax Year �/
Actual Assessed Tax
Original �j9,(C75e'G g7`1° '4 9o.77
Corrected it 995) 11 71-- 8'l0 88 72o a,G9o. 77
Abate/Refund e) !/ CO____
2015-1385
❑Assessor recommends approval as outlined above.
If the request for abatement is based upon the grounds of overvaluation,no abatement or refund of taxes shall be made if an objection or protest
to such valuation has been filed and a Notice of Determination has been mailed to the taxpayer,§39-10-114(1)(a)(I)(D),C.R.S.
Tax year: Protest? ❑No ❑Yes (If a protest was filed,please attach a copy of the NOD.)
[Assessor recommends denial for the following reason(s):
r J tJ Q ag t A 3 ap
Assessor's or puty Assessor's Sign re
15-DPT-AR No.920-66/11
FOR ASSESSORS AND COUNTY COMMISSIONERS USE ONLY
(Section III or Section IV must be completed)
Every petition for abatement or refund filed pursuant to§39-10-114,C R.S.shall be acted upon pursuant to the provisions of this section by the
Board of County Commissioners or the Assessor,as appropriate,within six months of the date of filing such petition,§39-1-113(1 7),C.R.S.
Section III: Written Mutual Agreement of Assessor and Petitioner
(Only for abatements up to$10,000)
The Commissioners of County authorize the Assessor by Resolution No.
to review petitions for abatement or refund and to settle by written mutual agreement any such petition for
abatement or refund in an amount of$10,000 or less per tract,parcel, or lot of land or per schedule of personal
property, in accordance with§39-1-113(1.5), C.R S.
The Assessor and Petitioner mutually agree to the values and tax abatement/refund of:
Tax Year
Actual Assessed Tax
Original
Corrected
Abate/Refund
Note.The total tax amount does not include accrued interest,penalties,and fees associated with late and/or delinquent tax payments,if
applicable. Please contact the County Treasurer for full payment information.
Petitioner's Signature Date
Assessor's or Deputy Assessor's Signature Date
Section IV: Decision of the County Commissioners
(Must be completed if Section III does not apply)
WHEREAS, the County Commissioners of County, State of Colorado, at a duly and lawfully
called regular meeting held on / / , at which meeting there were present the following members:
Month Day Year
with notice of such meeting and an opportunity to be present having been given to the Petitioner and the Assessor
of said County and Assessor (being present--not present)and
Name
Petitioner (being present--not present), and WHEREAS,the said
Name
County Commissioners have carefully considered the within petition, and are fully advised in relation thereto,
NOW BE IT RESOLVED that the Board (agrees--does not agree)with the recommendation of the Assessor,
and that the petition be(approved--approved in part--denied)with an abatement/refund as follows:
Year Assessed Value Taxes Abate/Refund
Chairperson of the Board of County Commissioners'Signature
County Clerk and Ex-Officio Clerk of the Board of County Commissioners
in and for the aforementioned county,do hereby certify that the above and foregoing order is truly copied from the
record of the proceedings of the Board of County Commissioners.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County
this day of
Month Year
County Clerk's or Deputy County Clerk's Signature
Note: Abatements greater than$10.000 per schedule,per year,must be submitted in duplicate to the Property Tax Administrator for review.
Section V: Action of the Property Tax Administrator
(For all abatements greater than$10,000)
The action of the Board of County Commissioners, relative to this petition, is hereby
❑Approved ❑Approved in part$ ❑ Denied for the following reason(s):
Secretary's Signature Property Tax Administrator's Signature Date
15-DPT-AR No.920-66/11
AGENT AUTHORIZATION
TO: WELD COUNTY
Assessor's Office and the
Assessment Review Agency
SHE LAND LLC hereby authorizes and appoints Joseph C. Sansone Company to act as agent with
full authority to handle all matters relating to ad valorem tax matters. This includes but is not limited
to filing of property tax declarations or other documents with you or the Assessment Appeals Board,
examining any records in your office which I have a right to examine, appearing before any
assessment officer or board and discussing assessments and resolving disputes with you concerning
the assessment on property for which I am responsible for the property taxes. This agency shall
terminate when all matters relating to the 2012 through 2016 assessments are resolved.
SHE LAND LLC
EXACT NAME OF PROPERTY OWNER(FROM NOTICE OF VALUATION)
4732 W 26 STREET R2465503
STREET ADDRESS SCHEDULE/PARCEL NUMBER
10168 1-25 Frontage Road R6780757 / R6780758
STREET ADDRESS SCHEDULE/PARCEL NUMBER
2625 351}i AVENUE R0028093
STREET ADDRE SCHEDULE/PARCEL NUMBER
URE PRINT NAME OF SIGNER
�,
C"AV O(4/4Jc C��
DATE /q/YR-Ci f
TITLE
PHONE NUMBER
State of Colorado
t�
City of Up
On this 1-4 day of 64,20 efore me,the undersigned officer, personally appeared
known to me(or satisfactorily proven)to be the person whose name is subscribed to
within the instrument and acknowledged that he executed the same for the purposes therein contained.
In witness hereof I hereunto set my hand and official seal.
of Public
STEVEN L.
WHITE :1
MY COMM.EXP.04-03.2016
04/22/2015
Attn: Chris Woodruff
RE: 2012 Abatement received 12/29/2014
R0028093
Owner: SHE Land LLC
Complete Auto Dealership
2625 35th Ave
Greeley, CO
2012 Assessors Value $2,370,000 or$80/sf on dealership
$538,560 on Parking Garage Structure
Total $2,995,575
SUBJECT:
The subject property is Ehrlich Nissan/Volkswagen, a complete auto dealership located at 2625 35th Ave,
Greeley. The parcel consists of 2 dealerships totaling 29,625 sf with the first built in 1992 and the
second in 2002. Additionally, there is a 13,464 sf concrete garage parking structure built in 2002. The
subject has been well maintained throughout the years and enjoys good visibility next to other dealers
on 35th Ave. The property owner is represented by Joseph C. Sansone tax agency and is requesting a
reduction in value for 2012 from $2,995,575 to$1,497,790. The petitioner has not provided any
documentation or analysis to support a reduction in value.
Market Approach:
Sales of Auto Dealerships similar to the subject were analyzed. For the 2012 value, sales from 2009 and
2010 revealed the best comparable sales ranged from $67 psf to $245 psf.
Honda of Greeley —4535 W 29th St, Greeley. Sold 02/25/2008 for$232 psf
Herbies (old site)—1602 2nd Ave, Greeley. Sold 03/04/2010 for$67 psf
Mercedes Benz of Loveland -4040 Byrd Dr, Loveland. Sold 06/10/2009 for$245 psf
Due to a lack of auto dealership sales from 01/01/2009-06/30/2010 it was necessary to utilize the
Honda dealership sale from 2008. Placing most of the weight on the Herbies sale which was in Greeley
and in the 18 month base period, $80 psf was determined to be appropriate for the dealerships.
Cost Approach:
The Cost Approach was then utilized to value the concrete parking structure. According to Marshall &
Swift the RCNLD was$538,560 for this 16' high 13,464 sf structure.
Reconciliation:
With a Market value of$80/sf($2,370,000) for the dealerships and a Cost value on the parking
structure of$538,560,the total value of$2,995,575 for the subject is appropriate. We recommend
sustaining the Assessor's values for 2012.
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CLERK TO THE BOARD
X861 PHONE: (970) 336-7215, EXT. 5226
FAX: (970) 352-0242
1150 O STREET
_ P.O. BOX 758
GREELEY, COLORADO 80632
1/11-
COUNTY
-
April 30, 2015
SHE Land, LLC
2625 35th Avenue
Greeley, CO 80634
RE: SCHEDULE NUMBER: R0028093
Dear Property Owner:
This is to advise you that the Weld County Board of Commissioners will hear your petition for
abatement or refund of taxes on the property described as: 2605 35th Avenue, Greeley. The
meeting is scheduled for Monday, May 18, 2015, at 9:00 a.m., in the Chambers of the Board of
County Commissioners of Weld County, Colorado, Weld County Administration Building, 1150
O Street, Assembly Room, Greeley, Colorado 80631.
The Assessor is recommending that the Board deny your petition. You are not required to be
present at this hearing; however, this is your opportunity to have your position heard, particularly
if your position is opposed to the Assessor's recommendation. If you intend to submit any
documentation in support of your position for this hearing, all such documentation must be
submitted to the Office of the Clerk to the Board and to the Weld County Assessor's Office at
least seven calendar days prior to the meeting date in order for it to be considered at the
scheduled hearing.
If you have any questions concerning this matter, please do not hesitate to contact me at
(970) 336-7215, Extension 5226.
Sincerely,
la A. Martti`I{ne(\/Jza) v
Deputy Clerk to the Board
cc: Assessor
Joseph C. Sansone Co.
Attn: David Johnson
18040 Edison Avenue
Chesterfield, MO 63005
CLERK TO THE BOARD
PHONE: (970) 336-7215, Ext. 5226
1 61 FAX: (970) 352-0242
1150 O STREET
�j" P.O. BOX 758
/ ■_ GREELEY, COLORADO 80632
1 "�
NTY
June 16, 2015
SHE Land, LLC
2625 35th Avenue
Greeley, CO 80634
RE: SCHEDULE NUMBER R0028093
Dear Property Owner:
On May 18, 2015, the Board of Weld County Commissioners considered your petition for
abatement or refund of taxes and denied same.
Pursuant to Section 39-2-125(f), C.R.S., you have the right to appeal this decision to the State
Board of Assessment Appeals within thirty days. You may obtain the appropriate forms and
instructions from:
Board of Assessment Appeals, Department of Local Affairs,
1313 Sherman Street, Room 315
Denver, CO 80203
Phone: 303-866-5880
In preparation for appealing to the State Board of Assessment Appeals you may also go to the
following state link to obtain any further information you may need to proceed,
http://www.dola.state.co.us/baa/index.htm
Very truly yours,
*J\jat-
Rafaela A. Martinez
Deputy Clerk to the Board
cc: Assessor
Joseph C. Sansone
Attn: David Johnson
18040 Edison Avenue
Chesterfield, MO 63005
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