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HomeMy WebLinkAboutbocc.res.061.2016 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 111 does not apply) O i u -i 01C �ar . v`r`1-26,/L WHEREAS,the County Commissioners of Yt r«/ "Lw County,State of Colorado,at a duly and lawfully called regular meeting held on to / 4 at which meeting there were present the following members: /� Month Day Year (L .SLY �f e i !L"(ittitlytt5si teYs'' yy` c�i�l��Srl ���f-E+ � yp with notice of such etidg and an opportCfiity to be .resent.-ving been given to the Pe'toner and the Assessor of said County and Assessor Ct!'J' -1 — (being present not present)and / � / Petitioners r/V�+ d f� .) S (Nabe/ng presentt not present),and WHEREAS,the said Name a 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: 00.1IIii Year Assessed Vale T x Abate/Refund ' "514,e_ f- �7 Vitus \ Chai non of the Board of County Comm -loners'Signature r\Yl)-'EG- County Clerk and Ex-Officio Clerk of the Board of Coun ommissioners 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 hav hereunto set my hand and affixed the se I of said County this �Utel" day of U ( '9-0/6 Month Year ////fYl,'/" '1,1 Co Clerks or' puty Coun Cleric's Signature i Note: Abatements greater than$10,000 per schedule,per year,must be submitted in 41 licate to the Property Tax dministrator for review. Section V: Action of the Property Tax Administrator (For all abatements greater than$10,000) The action of the Board of County Commissioners,relative to this petition,is hereby ❑Approved ❑Approved in part$ 0 Denied for the following reason(s): Secretary's Signature Property Tax Administrator's Signature Date 15-DPT-AR No.920-66/15 PETITION FOR ABATEMENT OR REFUND OF TAXES County:Pitkin Date Received (Use Assessor's or Commissioners (g,$tttgrl�'��� Section I: Petitioner,please complete Section I only. EECCE Date: 3/8/2016 MAR 10 2016 Month Day Year Petitioner's Name: Residences at the Little Nell Condo Asso C/O Duff&Phelps PITKIN COUNTY Petitioner's Mailing Address: 1200 17th St.Suite 990 ASSESSOR Denver CO 80202 City or Town State Zip Code SCHEDULE OR PARCEL NUMBER(S) PROPERTY ADDRESS OR LEGAL DESCRIPTION OF PROPERTY R019625 RESIDENCES AT THE LITTLE NELL CONDO Unit:F-307 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 2015 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 sales comparison approach supports a lower valuation for the subject property. Petitioner's estimate of value: $ 6,078,900 ( 2015 ) Value Year 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. Daytime Phone Number( Petitioner's Signature Email By Daytime Phone Number(303 ) 749.9025 a Signatures Email jodi.sullivan@duffandphelps.com *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 Use Only) Tax Year Actual Assessed Tax Original Corrected Abate/Refund ❑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? 0 No 0 Yes (If a protest was filed,please attach a copy of the NOD.) ❑Assessor recommends denial for the following reason(s): Assessor's or Deputy Assessor's Signature 15-DPT-AR No.920-66/15 Appointment of Agency for Property Tax Matters Duff& Phelps, LLC is authorized to represent Residences at the Little Nell Condo Association with the assessment of property tax for the fractional interest condos located at 501 E. Dean Street in Aspen, CO regarding the real estate assessment matters in Pitkin County. Any and all previous authorizations are hereby revoked. Duff&Phelps, LLC is authorized to act on our behalf in obtaining and providing information, negotiating, settling and assessing for all real estate matters related to the property owned, possessed, or controlled by the undersigned at the above- referenced address.This agent is delegated full authority to act on the owner's behalf for all real estate matters relative to assessments and to represent us,with the assistance of legal counsel, if necessary, in the appeal process. This appointment of agency remains in effect for tax years 2015&2016 or until revoked in writing by Residences at the Little Nell Condo Association or Duff&Phelps, LLC. All correspondence should be directed to the following: Agent Name: Jodi Sullivan Agent Company: Duff&Phelps, LLC Agent Address: 1200 17'"Street,Suite 990 Denver, Colorado 80202 Agent Phone Number: (303) 749-9025 Agent Email: jodi.sullivan@duffandphelps.com Signed Na Printed Name: Aton 65I' Signatory Title: G trot aAAa /} Notary Public: State of lAlW4a , County of ?Ik-le-t.vt-- The foregoing letter of authorization and signatory was acknowledged before me on 25 day of itb , zap Witness my hand and official seal. Notary Signature: d OFFICIAL SEAL(stamp) KRISTEN MCCASKEY Notary Public ' State of Colorado KRISTTEgNyMCCASKEY NoPublic State of Colorado Notary ID 20154042559 M Commission 4. ss Nov 3, 2019 2015 Residences at Little Nell Fractional condo Abatement Summary Current assessed original 2015 abatement revised 2015 revised 2015 Abatement sch# Unit# 2015/16 value Value taxes determination assessed value taxes refund R019615 Unit: F-200 $8,214,500 $653,870 $20,959.15 $7,746,300 $616,610 $19,764.82 $1,194.33 R019616 Unit: F-203 $9,276,900 $738,440 $23,669.96 $8,350,500 $664,700 $21,306.29 $2,363.67 R019617 Unit: F-204 $7,311,000 $581,960 $18,654.15 $7,239,000 $576,220 $18,470.16 $183.99 R019618 Unit: F-207 $7,633,400 $607,620 $19,476.65 $7,558,200 $601,630 $19,284.65 $192.00 R019619 Unit: F-208 $6,735,300 $536,130 $17,185.11 $6,669,000 $530,850 $17,015.87 $169.24 R019620 Unit: F-211 $6,994,400 $556,750 $17,846.06 $6,925,500 $551,270 $17,670.41 $175.65 R019621 Unit: F-212 $7,472,200 $594,790 $19,065.40 $7,398,600 $588,930 $18,877.56 $187.84 R019622 Unit: F-300 $8,643,700 $688,040 $22,054.43 $7,743,500 $616,380 $19,757.44 $2,296.99 R019623 Unit: F-303 $9,881,800 $786,590 $25,213.36 $8,450,300 $672,640 $21,560.80 $3,652.56 R019624 Unit: F-304 $7,710,900 $613,790 $19,674.42 $7,253,300 $577,360 $18,506.70 $1,167.72 R019625 Unit: F-307 $8,007,900 $637,430 $20,432.18 $7,532,600 $599,590 $19,219.26 $1,212.92 R019626 Unit: F-308 $9,197,200 $732,100 $23,466.73 $8,239,400 $655,860 $21,022.94 $2,443.79 R019627 Unit: F-309 $7,111,000 $566,040 $18,143.85 $6,689,000 $532,440 $17,066.83 $1,077.02 R019628 Unit: F-312 $7,398,900 $588,950 $18,878.20 $6,959,700 $553,990 $17,757.60 $1,120.60 R019629 Unit: F-313 $7,862,400 $625,850 $20,061.00 $7,395,800 $588,710 $18,870.51 $1,190.49 R019630 Unit: F-400 $8,586,400 $683,480 $21,908.27 $7,692,200 $612,300 $19,626.66 $2,281.61 R019631 Unit: F-402 $8,835,300 $703,290 $22,543.26 $7,555,400 $601,410 $19,277.60 $3,265.66 R019632 Unit: F-403 $9,380,400 $746,680 $23,934.08 $8,823,600 $702,360 $22,513.45 $1,420.63 R019633 Unit: F-406 $7,986,700 $635,740 $20,378.01 $7,512,600 $598,000 $19,168.29 $1,209.72 R019634 Unit: F-407 $10,507,900 $836,430 $26,810.93 $9,413,600 $749,320 $24,018.70 $2,792.23 R019635 Unit: F-409 $8,725,900 $694,580 $22,264.07 $8,208,000 $653,360 $20,942.80 $1,321.27 R019636 Unit: F-410 $7,726,100 $615,000 $19,713.21 $7,267,500 $578,490 $18,542.92 $1,170.29 R019637 Unit: F-500 $10,959,700 $872,390 $27,963.59 $9,818,300 $781,540 $25,051.48 $2,912.11 R019638 Unit: F-501 $11,824,700 $941,250 $30,170.83 $9,630,200 $766,560 $24,571.31 $5,599.52 R019639 Unit: F-502 $14,396,800 $1,145,990 $36,733.56 $11,724,900 $933,300 $29,916.00 $6,817.56 R019640 Unit: F-600 $13,357,500 $1,063,260 $34,081.74 $10,878,500 $865,930 $27,756.52 $6,325.22 �1 / /it Sch#-Multiple - 26 residential Condos in The Residences at Little Nell Condominiums The condominium association for the Residences at Little Nell is appealing the valuation of all 26 fractional interest condominiums on behalf of the owners. Although fractional interest condominiums have multiple owners, a single value is assigned to each unit based on the"unit assessment" rule established by the Division of Property Taxation. The Assessor's office has used extrapolated sales prices from the fractional sales as the basis of value for the subject properties. This methodology mirrors a Board of Assessment Appeals decision from a similar appeal filed in regards to the Snowmass Club fractional interest condos. The assessor's office is recommending a value for each unit that is set at$3,000/sq ft of heated living area based on their analysis. Based on a revised analysis pertaining to the Assessor's computer model, the assessor is recommending new values per unit with a net reduction for the complex overall. The petitioner is requesting a value reduction based on the sales of single owner comparable sales with the value set at$2,300/sq ft for the 3 bedroom units and $2,600/sq ft for the 4 bedroom units. al e summary for the properties in question is attached with the supporting documentation. If approved as requested, the refund would be: varies by unit Recommended action: Uphold the assessor's recommendation for revised values for 2015 tax year; or, recommend a different reduction in value with the value set at Hearing Officer Recommendation: PLEASE SEE ATTACHED FOR HEARING OFFICER RECOMMENDATIONS. 26 Residential Condos in The Residences at Little Nell various schedule numbers and owners. Represented by Jodi Sullivan of Duff&Phelps as the Petitioner. Petitioner believes that no sales have occurred that represent values of$3000.00/sf as established by the Assessor. Several whole sale fee simple luxury condominium sales were adjusted by the Petitioner to obtain a price per square foot average of less than the Assessor's value. I have not done a detailed analysis of the comparable sales or the adjustments. However,maybe no location in town is comparable to the subject's location. I believe there is not adequate adjustment for the location. Although no furnishings were declared,I don't believe that it is reasonable to assume that the subject units were sold unfurnished. They were advertised as fully furnished,the buyer did not have to furnish,and probably could not have furnished,the unit after the sale. I believe we can assume that the units were fully furnished. Although paired sales analysis is a valid technique for establishing market appreciation,only a small sampling was used and no detailed information about the sales or changes to the improvements was considered in the petitioner's analysis. These were also fee simple individual unit sales and may not reflect the subset of fractional ownership sales. Although I believe fee simple sales are appropriate comparable sales, I believe for the reasons stated above that the petitioner's analysis may have understated the value. Due to the nature of fractional ownership only purchasing as much time that they need I believe that purchasers are willing to pay more for the time they need rather than the entire year of use and expense. Therefore comparable fractional interest should be strongly considered. The Assessor has also adjusted the same comparable sales used by the Petitioner which resulted in a higher price per square foot. The Assessor time adjusted value resulted in a higher time adjusted value using a rate calculations approved by the state board of appraisal. Adjustments for location were higher which I agree is appropriate as noted above. Amenities and age/quality of the comparable projects was also addressed which I also believe is required. These however are more subjective adjustments. The assessor also assumed that the sales were not furnished which based on the advertising is not likely the case as noted above. In conclusion I recommend that the assessor's revised value recommendation be reduced from the adjusted values offered at the hearing by an additional 5%. This is to address that the values established likely include quality furnishings and in many cases seller concessions for initial assessments or other considerations. Fractional ownership situations such as the subject offer the highest level of amenities and services that are hard to compare to fee simple ownership projects. My recommendations are summarized on a separate attached sheet. ‘A7/b Stephen C. Hach Hearing Officer