HomeMy WebLinkAbout20081493.tiff RESOLUTION
RE: APPROVE PETITION FOR ABATEMENT OR REFUND OF TAXES - RAY EDMISTON
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 19th day of May, 2008, at which meeting there
were present the following members: Chair William H. Jerke, and Commissioners William F.
Garcia, David E. Long, Robert D. Masden, and Douglas Rademacher, 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 Ray Edmiston, not being present, and
WHEREAS, the Board of County Commissioners have carefully considered the attached
petition, and are 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, approved, and an abatement or refund be allowed as follows:
CORRECTION
TO ASSESSED ABATEMENT TAX
VALUATION OR REFUND YEAR
$136,062.00 $4,623.84 2007
2008-1493
' s, in" AS0069
e 7- //-off
TAX ABATEMENT PETITION - RAY EDMISTON
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 19th day of May, A.D., 2008.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: % ' -i k l/+
186 t ���o. Wi m H. Jerke, Chair
Weld County Clerk to ,�
Robert•D: M,sden, Pro-Tern
Deputy Clerk o the Board
Willi F. Garcia
AP ED A •
•
David E. Long
ounty Attorney
Douglas demacher
Date of signature: 644/2"
2008-1493
AS0069
DIV OF t fC
STATE C" "1-C 1- DO
PETITION FOR AGtangtRAANbg J: 09 REFUND OF TAXES
County: Weld Date Received
(Use Assessor's or Commissioners'Date Stamp)
I /
Section I: Petitioner, please complete Section I only.
Date: 2/28/2008 i / '_ t p w 4..
Month Day Year
MAR 05 2008
Petitioner's Name: Ray Edmiston
WELD COUNT hs:;,:kSSOF.
Petitioner's Mailing Address: P O Box 610 CPEELEY, CO' CfRP,DC
Platteville,CO 80651
City or Town State Zip Code
SCHEDULE OR PARCEL NUMBER(S) PROPERTY ADRESS OR LEGAL DESCRIPTION OF PROPERTY
R4699607 PT NE4 5 2 66 BEG NE COR SEC 5 S0D0'W 2579.50'
S89D52'W 2648.82' S89D52'W 1969.82 N0D0'W 200'
N89D52'E 354(..45'N0D0'E 2368.69'N89D17'E 1079.28'TO POB Eli
Petitioner states that the taxes assessed against the above property for the property tax year 2007 are
incorrect for the following reasons: (Briefly describe the circum$tances surrounding the incorrect value or tax.
Attach additional sheets if necessary.)
Petitioner's estimate of value: $ $500,000 ( 2007 )
Value Year
Petitioner requests an abatement or refund of the appropriate taxes.
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, correecctwand complete. „/
Daytime Phone Number( 776 ) 2C/ 050.2
Pe tioner's Signature
By Daytime Phone Number( )
Agent's Signature*
*Letter of agency must be attached when petition is submitted by an agent.!
If the board of county commissioners,pursuant to section 39-10-114(1),or the property tax administrator,pursuant to section 39-2-116,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 section 39-2-125 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 2007
Actual Assessed Tax
Original $801,011/ $219,850 $12,132.42
Corrected 5 `/4J o y� dJ3l, 04 Z 4 7S a s; sir
Abate/Refund _ at 5 a 3. 741‘
t 'ssessor recommends approval as outlined above.
No protest was filed for the year: (If a protest was filed,please attach a copy of the NOD.)
n Assessor recommends denial for the following reason(s):
Assessor's or eputy Assessor's ature
15-DPT-AR No.920-66/06
2008-1493
FOR ASSESSORS AND COUNTY COMMISSIONERS USE ONLY
(Section III or Section IV must be completed)
Every petition for abatement or refund filed pursuant to section 39-10-114 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$1,000)
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 one thousand dollars 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 abatemenUrefund of:
Tax Year
Actual Assessed Tax
Original
Corrected
Abate/Refund
Note:The total tax amount does not include accrued interest,penalties,and fes 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 / / 2007 , 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 taxpayer and the Assessor
of said County and Assessor (being present--not present)and
Name
petitioner (beingpi@sent--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 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-dIfficio 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 affii ed the seal of said County
this day of
Month Year
• County Clerk's or Deputy County Clerk's Signature
Note: Abatements greater than$1,000 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$1,000)
ion f the Board of County Commissioners, relative to the within petition, is hereby
Appr ed n Approved in part$ n Denied for the following reason(s):
i JAM- �� . �' '11 Z
Secretary's Signature/ perty Tax Administrato ignature Date
15- PT- R No. 920-66/06 I y
' ParcelE l.3UJUbIUUVUI
Account R4699607
ft
To appeal by mail, list your name, address, and phone k below, detach the lower portion of this notice
and mail in accordance with instructions on the reverse side to:
Name: RAY EDMIST0N
Weld County Assessor Address: PO BOX (�/c
1400 N. 17th Avenue PL,aTTaViant, Co tdc,
Greeley, CO 80631 Phone: 97v 78Th e2gc:O
An assessment percentage will be applied to the actual value of your property before taxes are calculated.
The assessment percentage for residences is 7 , 96 %. Generally, all
other property, including vacant land, is assessed at 29% of actual value § 39-1-104(1) and (1.5), C.R.S., and
Section 3 of Article X of the Colorado Constitution. A change in the residential assessment percentage is not
grounds for an appeal of value or abatement of taxes. § 39-5-121(1), C.R.S.
Your property was valued as it existed on January 1 of the year indicated. The"full"or"partial"year's
actual value represents the actual value of your property as of the appraisal date. The appraisal date is June 30,
2006. The tax notice you receive will be based on this value. If the senior citizen property tax exemption has
been applied to your property, it is not reflected in the value shown above. The appraisal data used to establish
real property value was from the 18 month period ending June 30, 2006.
*If data is insufficient during this time period, assessors may use data from the five year period ending
June 30,2006. Data should be gathered in six month intervals going back from June 30, 2006, until sufficient
data is gathered.
The assessed value of your property will be entered on the tax warrant due to one or more of the
following: Reappraisal, new construction, addition, split, combine, taxable status, subdivision factor, mobile
home moving or purge, land class change, omitted or destroyed property.
The following property characteristics were used to estimate your property value:
OCCUPANCY1 : Storage Hangar
PRIMARY BUILT AS : Storage Hangar
YEAR BUILT: 2006
TOTAL BUILDING COUNT: 3 RECEIVED
DEC l B 2007
WELD COUNTY ASSESSOR
GREELEY, COLORADO
*The square footage listed is the total exterior square footage and may include other structures on the property.
NOV 189/214 62 88/07
Ray Edmiston
PO Box 610
Platteville, CO 80651
Weld County Assessor
1400 N. 17th Avenue
Greeley, CO 80631
December 18, 2007
RE: Parcel No: 130905100001
Acct.No: R4699607
I am protesting the valuation and the commercial status of my property. Weld County
has placed many restrictions on this property. It is not for commercial use. I have
enclosed a copy of the development standards for your review.
#1. Use for private landing strip.
#6. Aircraft storage only for owner.
#7. A maximum of 6 aircraft.
#31. The hangar is only for storage, no maintenance.
I run an agricultural spray operation for five months a year.
I have spoken with other aerial sprayers in Weld County that have similar property.
Their property is not taxed as commercial.
I also protest the valuation. The building cost $490,000.00 to construct.
In additions please correct the mailing address on this property. The correct address is
PO Box 610, Platteville, CO 80651.
Thank you for your consideration of this matter.
Sincerely,
Ray Edmiston
���° 7-7, SITE SPECIFIC DEVELOPMENT PLAN USR Pu¢O you
7/702 .U.SE.BrSP.ECIAIREVIEWAP.ERMIT _. ' '' t G°��'#rc/
CL: -'9EVELbPMENt`STANDMRbs, 1' ' 6,,r qon 4 nit-
THE BLUFFS, JOHN VILLANO AND JOSEF GUETLEIN, MANAGERS, a S2 %gun-
CIO RAY EDMISTON, OWNER OF AERIAL SPRAYERS, INC. q py
USR#1504
1. The Site Specific Development Plan and Use by Special Review Permit #1504 is for an
Airstrip and an Agricultural Service Establishment(more specifically, an airstrip for private
use and a crop dusting and spraying operation facility including hangar, landing strip,
storage facilities for fertilizer, insecticide, and fuel, and accessory offices) in the A
(Agricultural) Zone District, as indicated in the application materials on file and subject to
the Development Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the
Weld County Code.
3. "No Smoking" signs shall be posted in conspicuous locations and be unobstructed at all
times.
4. Two fire extinguishers, with a minimum rating of 2A:10B:C, shall be in the hanger. They
shall be secured to the wall and located so that no point within the hanger is more than
seventy-five (75) feet away from one of the fire extinguishers.
5. Site soils have a high potential for wind erosion. Disturbed areas shall be stabilized with
perennial vegetation, gravel or pavement.
6. Aircraft stored on the site shall be limited to those owned by the crop dusting and spraying
operation facility and the property owner.
7. Aircraft stored on the site shall be limited to a maximum of six (6) airplanes total.
8. Parking spaces, including the access drive,shall be surfaced with gravel,asphalt,concrete,
or the equivalent, and shall be graded to prevent drainage problems.
9. The historical flow patterns and run-off amounts will be maintained on the site in such a
manner that it will reasonably preserve the natural character of the area and prevent
property damage of the type generally attributed to run-off rate and velocity increases,
diversions, concentration and/or unplanned ponding of storm run-off.
10. All liquid and solid wastes, as defined in the Solid Wastes Disposal Sites and Facilities Act,
Section 30-20-100.5, C.R.S., shall be stored and removed for final disposal in a manner
that protects against surface and groundwater contamination.
11. No permanent disposal of wastes shall be permitted at this site. This is not meant to
include those wastes specifically excluded from the definition of a solid waste in the Solid
Wastes Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S.
12. Waste materials shall be handled,stored,and disposed of in a manner that controls fugitive
dust,fugitive particulate emissions,blowing debris,and other potential nuisance conditions.
13. The applicant shall operate in accordance with the approved Waste Handling Plan.
2005-1734
PL1683
DEVELOPMENT STANDARDS - THE BLUFFS, JOHN VILLANO AND JOSEF GUETLEIN,
MANAGERS;-C/O RAY,EDMISION,,OWNER-OF_AERIAL SPRAYERS,-INC.,(USR#1504) •
PAGE 2
14. The applicant shall comply with all provision of the Pesticide Applicators'Act issued by the
Colorado Department of Agriculture, Division of Plant Industry.
15. The applicant shall comply with all provisions of the Underground and Above Ground
Storage Tank Regulations (7 CCR 1101-14).
16. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility
shall be operated in accordance with the approved Dust Abatement Plan at all times.
17. This facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone District as delineated in Section 25-12-103, C.R.S.
18. Adequate hand washing and toilet facilities shall be provided for employees and patrons of
the facility.
19. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems.
20. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
21. All pesticides, fertilizer, and other potentially hazardous chemicals must be stored and
handled in a safe manner in accordance with product labeling and in a manner that
minimizes the release of hazardous air pollutants and volatile organic compounds.
22. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
23. Planes take-offs and landings are limited to daylight hours, seven days a week.
24. The operation shall comply with all applicable rules and regulations of the Federal Aviation
Administration.
25. The operation shall comply with all applicable rules and regulations of the State and Federal
agencies and the Weld County Code.
26. Effective January 1, 2003, building permits issued on the lot will be required to adhere to
the fee structure of the County-Wide Road Impact Program.
27. The property owner shall allow any mineral owner the right of ingress or egress for the
purposes of exploration development, completion, re-completion, re-entry, production and
maintenance operations associated with existing or future operations located on these
lands.
28. A building permit shall be obtained prior to the construction of any nev. puilding.
29. A plan review is required for each building for which a building permit is required. Plans
shall include a floor plan and bear the wet stamp of a Colorado registered architect or
engineer. Two complete sets of plans are required when applying for each permit. Submit
a Code Analysis Data sheet provided by the Weld County Department of Building
2005-1734
PL1683
DEVELOPMENT STANDARDS - THE BLUFFS, JOHN VILLANO AND JOSEF GUETLEIN,
MANAGERS, CIO RAY EDMISTON, OWNER OF AERIAL SPRAYERS, INC. (USR #1504)
• • PAGE 3
Inspection with each building permit application. Provide plans to the Platteville Fire
Protection District for its review and approval.
30. Buildings shall conform to the requirements of the various codes adopted at the time of
permit application. Currently, the following have been adopted by Weld County: 2003
International Building Code, 2003 International Mechanical Code, 2003 International
Plumbing Code, 2003 International Fuel Gas Code, 2002 National Electrical Code, and
Chapter 29 of the Weld County Code.
31. The main building will probably be classified as a mixed use: S-1 (Hanger), B (Office) and
R-3 (Apartment). The chemical storage building will probably be classified as H-3
(Hazardous)unless the amount of the maximum allowable quantity of hazardous materials
does not exceed the amounts in Table 307.7(1) of the 2003 International Building Code.
The main building shall be accessible to persons with disabilities. Fire resistance of walls
and openings, construction requirements, maximum building height, and allowable areas
will be reviewed at the plan review. Setback and offset distances shall be determined by
Chapter 23 of the Weld County Code.
32. Building height shall be measured in accordance with the 2003 International Building Code
for the purpose of determining the maximum building size and height for various uses and
types of construction, and to determine compliance with the Bulk Requirements from
Chapter 23 of the Weld County Code. Building height shall be measured in accordance
with Chapter 23 of the Weld County Code in order to determine compliance with offset and
setback requirements. Offset and setback requirements are measured to the farthest
projection from the building.
33. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
34. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
35. Weld County personnel shall be granted access onto the property at any reasonable time
in order to ensure the activities carried out on the property comply with the Development
Standards stated herein and all applicable Weld County regulations.
36. The Use by Special Review area shall be limited to the plans shown hereon and governed
by the foregoing standards and all applicable Weld County regulations. Substantial
changes from the plans or Development Standards as shown or stated shall require the
approval of an amendment of the Permit by the Weld County Board of County
Commissioners before such changes from the plans or Development Standards are
permitted. Any other changes shall be filed in the office of the Department of Planning
Services.
37. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards
may be reason for revocation of the Permit by the Board of County Commissioners.
2005-1734
PL1683
Identify Results Page 1 of 3
WELD COUNTY ASSESSOR
PROPERTY PROFILE
Account#: R4699607 Parcel#: 130905100001
Tax Area: 2237 Bordering County:
Acres: 78.5
Township Range Section Quart.Sec. Subdivison Name Block* Lot#
02 - 66 - 05- 1 - -
Owners Name&Address: Property Address:
EDMISTON RAY Street:
5112 CR 32 City:
LONGMONT,CO 80504
Business/Complex:
Sales Summary
Sale Date Sale Price Deed Type Reception#
8/5/2005 $240,000 WD 3310764
Legal Description
PT NE4 5 2 66 BEG NE COR SEC 5 SODO'W 2579.50'S89D52'W 2648.82' S89D52'W 1969.82 NODO'W 200'N89D52'E 3540.45'
NODO'E 2368.69' N89D17'E 1079.28'TO POB EXC UPPR RES
Land Valuation Summary
Land Type Abst Code Unit of Number of Actual Value Assessed
Measure Units Value
Commercial 2135 Square Feet 802800
Residential 1112 Square Feet 5280
Agricultural 4147 Acres 59.949
Land Subtotal: 808139.949 $303,754 $87,670
Buildings Valuation Summary
Assessed
Bldg# Property Type Actual Value
Value
1 Commercial
2 Commercial
3 Commercial
Improvements Subtotal: $497,257 $132,180
Total Property Value $801,011 $219,850
Building Details
Account#: R4699607 Parcel#: 130905100001
Owners Name&Address: Property Address:
EDMISTON RAY Street:
5112 CR 32 City:
LONGMONT, CO 80504
Building# Property Type
1 Commercial
http://maps2.merrick.con/Website/We1d/setSgl.asp?cmd=QUERY&DET=PP&pin=1309... 12/19/2007
•
• Identify Results Page 2 of 3
• Individual Built As Detail
Built As: Apartment <= 3 Stories Year Built: 2006
Exterior: Frame Stucco HVAC: Package Unit
Interior Finish: Drywall Built As SQ Ft: 8256
#of Baths: 0 Roof Type: Gable
# of Bdrms: 0 Roof Cover:
# of Stories: 1
Rooms: 0 Units: 0
Garage:
Attached SQ Ft: Detached SQ Ft:
Basement:
Total SQ Ft: Finished SQ Ft:
Account#: R4699607 Parcel#: 130905100001
Owners Name&Address: Property Address:
EDMISTON RAY Street:
5112 CR 32 City:
LONGMONT, CO 80504
Building# Property Type
2 Commercial
Individual Built As Detail
Built As: Shed - Utility Year Built: 2006
Exterior: HVAC: None
Interior Finish: Built As SQ Ft: 840
# of Baths: 0 Roof Type: Gable
# of Bdrms: 0 Roof Cover:
# of Stories: 1
Rooms: 0 Units: 0
Garage:
Attached SQ Ft: Detached SQ Ft:
Basement:
Total SQ Ft: Finished SQ Ft:
Account#: R4699607 Parcel#: 130905100001
Owners Name&Address: Property Address:
EDMISTON RAY Street:
5112 CR 32 City:
LONGMONT, CO 80504
Building# Property Type
3 Commercial
Individual Built As Detail
Built As: Shed - Utility Year Built: 2006
Exterior: HVAC: None
Interior Finish: Built As SQ Ft: 576
#of Baths: 0 Roof Type: Gable
#of Bdrms: 0 Roof Cover:
# of Stories: 1
Rooms: 0 Units: 0
Garage:
Attached SQ Ft: Detached SQ Ft:
Basement:
http://maps2.merrick.corn/Website/We1d/setSgl.asp?cmd=QUERY&DET=PP&pin=1309... 12/19/2007
To: Chris Woodruff, Weld County Assessor March 6, 2008
From: Wade Melies, Appraiser
Subject: R4699607 Petition for Abatement
Chris
This property is owned by Ray Edmiston who operates Aerial Sprayers, Inc.. Mr.
Edmiston has filed a protest on his November NOV. He also contacted a former Weld
County Commissioner, who had contacted you several months ago. The property is
basically 78.5 acres southeast of Platteville, in rural Weld County. There is a large
hanger with an office and a residential apartment above the office area and a couple of
storage sheds. There is a 3,200 foot by 24 foot paved runway and a USR for the aerial
spraying operation. The greatest change in the abatement is in the value of the land. I
had valued the commercial and residential portion of the land using the total sale price of
the subject. To correct this I used sale price per acre to value the residential and
commercial portion of the property. The remainder is valued as Ag..
I recommended approval of this petition for abatement of 2007.
Wade
a
CLERK TO THE BOARD
PHONE (970) 336-7215, 4225
FAX: (970) 352 352-0242
P.O. BOX 758
1 GREELEY, COLORADO 80632
COLORADO
April 28, 2008
Ray Edmiston
P.O. Box 610
Platteville, CO 80651
RE: SCHEDULE NUMBER R4699607
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: Pt NE4, 05-02-66. The meeting is
scheduled for May 19, 2008, at 9:00 a.m., in the First Floor Meeting Room, Weld County
Centennial Center, 915 10th Street, Greeley, Colorado.
The Assessor is recommending that the Board approve your petition. You are not required to be
present at this hearing, however, this is your opportunity to have your position heard, especially 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 Esther Gesick
at (970) 336-7215, extension 4226.
Sincerely,
2
Esther E. Gesick
Deputy Clerk to the Board
cc: Assessor
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