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HomeMy WebLinkAbout930749.tiff RESOLUTION RE: THE BOARD OF EQUALIZATION, 1993, WELD COUNTY, COLORADO PETITION OF: PARK FLORAL COMPANY PO BOX 225 FT LUPTON, CO 80621 DESCRIPTION OF PROPERTY: PIN: R 5571886 PARCEL: 131136000042 - 21116 W100A SE4 36 2 67 EXC 8.36A OG&M TO GWS CO (1R1D3RES) WHEREAS, the Board of County Commissioners of Weld County, Colorado, organized as the Board of Equalization for the purpose of adjusting, equalizing, raising or lowering the assessment and valuation of real and personal property within Weld County, fixed and made by the County Assessor for the year 1993, and WHEREAS, said petition has been heard before the County Assessor and due Notice of Determination thereon has been given to the taxpayer(s) , and WHEREAS, the taxpayer(s) presented a petition of appeal of the County Assessor's valuation for the year 1993, claiming that the property described in such petition was assessed too high, as more specifically stated in said petition, and WHEREAS, said petitioner being represented by Marvin F. Poer and Company, and WHEREAS, the Board has made its findings on the evidence, testimony and remonstrances and is now fully informed. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, acting as the Board of Equalization, that the evidence presented at the hearing clearly supported the value placed upon the Petitioner's property by the Weld County Assessor. Such evidence indicated the value was reasonable, equitable, and derived according to the methodologies, percentages, figures and formulas dictated to the Weld County Assessor by law. The assessment and valuation of the Weld County Assessor shall be, and hereby is, affirmed as follows: 930749 450027 Page 2 RE: BOE - PARK FLORAL COMPANY ORIGINAL Land $ 59,398 Improvements OR Personal Property 2,284,677 TOTAL ACTUAL VALUE $ 2,344, 075 BE IT FURTHER RESOLVED that a denial of a petition, in whole or in part, by the Board of Equalization may be appealed by selecting one of the following three options: 1. Board of Assessment Appeals: You have the right to appeal the County Board of Equalization's (CBOE's) decision to the Board of Assessment Appeals (BAA) . Such hearing is the final hearing at which testimony, exhibits, or any other evidence may be introduced. If the decision of the BAA is further appealed to the Court of Appeals, only the record created at the BAA hearing shall be the basis for the Court's decision. No new evidence can be introduced at the Court of Appeals. (Section 39-8-108(10) , CRS) Appeals to the BAA must be made on forms furnished by the BAA, and should be mailed or delivered within thirty (30) days of denial by the CBOE to: Board of Assessment Appeals 1313 Sherman Street, Room 523 Denver, CO 80203 Phone: 866-5880 OR 2. District Court: You have the right to appeal the CBOE's decision to the District Court of the county wherein your property is located. New testimony, exhibits or any other evidence may be introduced at the District Court hearing. For filing requirements, please contact your attorney or the Clerk of the District Court. Further appeal of the District Court' s decision is made to the Court of Appeals for a review of the record. (Section 39-8-108(1) , CRS) OR 930749 Page 3 RE: BOE - PARK FLORAL COMPANY 3. Binding Arbitration: You have the right to submit your case to arbitration. If you choose this option the arbitrator's decision is final and your right to appeal your current valuation ends. (Section 39-8-108.5, CRS) Selecting the Arbitrator: In order to pursue arbitration, you must notify the CBOE of your intent. You and the CBOE 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 will make the selection. Arbitration Hearing Procedure: Arbitration hearings are held within sixty days from the date the arbitrator is selected. Both you and the CBOE are entitled to participate. The hearings are informal. The arbitrator has the authority to issue subpoenas for witnesses, books, records, documents and other evidence. He also has the power to administer oaths, and all questions of law and fact shall be determined by him. The arbitration hearing may be confidential and closed to the public, upon mutual agreement. The arbitrator's written decision must be delivered to both parties personally or by registered mail within ten (10) days of the hearing. Such decision is final and not subject to review. Fees and Expenses: The arbitrator's fees and expenses are agreed upon by you and the OBOE. In the case of residential real property, such fees and expenses cannot exceed $150.00 per case. The arbitrator's fees and expenses, not including counsel fees, are to be paid as provided in the decision. 930749 Page 4 RE: B0E - PARK FLORAL COMPANY The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 3rd day of August, A.D. , 1993. rI; PuBOARD OF COUNTY COMMISSIONERS ATTEST: WE D COUNTY, COLORADO Weld County Clerk to the Board onstance arbert, Chairman 41(-)1 / BY: AA eputy Cler to the oar W. . ebste , Pr2em APPROyp, AS TO FORM: e, i //�' r • eorge, Bax� cl County Attorney le—K. Hall 9 2 Libur /Barbara J. Kirkme er 930749 )/,; BOE DECISION SHEET PIN #: R 5571886 PARCEL #: 131136000042 PARK FLORAL COMPANY PO BOX 225 FT LUPTON, CO 80621 HEARING DATE: August 3, 1993 TIME: 2:00 P.M. HEARING ATTENDED? XY-PN) NAME: I-R_=•-ts r ic- l i i/l<> AGENT NAME: MARVIN F POER & COMPANY TABOR CENTER \ V APPRAISER NAME: tV' ( A- )-, Fitt") I (- DECISION: DECREASE IN VALUATION INCREASE IN VALUATION NO CHANGE IN VALUATION ... ASSESSMENT RATIO ACTUAL VALUATION ORIGINAL ADJUSTED Land $ 59,398 $ _C9) .-s9q Improvements OR Personal Property 2,284, 677 aIac6i Total Actual Value $ 2,344, 075 $ 1 y7/ /Z COMMENTS: MOTION BY .,..=Z - TO 4 I i n,' ( r.-SECONDED BY ;I() Baxter -- ON) Hall N) Failed to meet burden of proof Harbert �N) N� e�tCom arables a4$n�4a�ft.. Kirkmeyer - N) Other: Webster -- (Y)N) RESOLUTION NO. S2C749 )' ICE OF COUNTY ASSESSOR 1400 NORTH 17th AVE. GREELEY, COLORADO 80631 NOTICE OF DEN I A L PHONE (303) 353-3845, EXT. 3656 wine21116 WIOOA SE4 36 2 67 E.XC R. 36A OG,GM TO GWS CO COLORADO 11R1D3RES) ' 1 1 6t 0 1 4. 5 CR WELD OWNER PARK FLORAL COMPANY MARVI N F POER F COMPANY PARCEL 1311 .36OO,CG42 TABOR CENTER PIN R 5571886 1200 17TH STREET SUITE 96O YEAR 1993 DENVER CO 80 20 2 LOG O256O 06/01/1993 The appraised value of property is based on the appropriate consideration of the approaches to value required by law.The Assessor has determined that your property should be included in the following category(ies): RESIDENTIAL PROPERTY IS VALUED BY CONSIDERING THE MARKET APPROACH, AGRICULTURAL LAND VALUE IS DETERMINED SOLELY BY THE EARNING OR PRODUCTIVE CAPACITY OF THE LAND, CAPITALIZED AT A RATE SET BY LAW. ALL OTHER PROPERTY, INCLUDING VACANT LAND , IS VALUED BY CONSIDERING THE COST, MARKET, AND INCOME APPROACHES. If your concern is the amount of your property tax, local taxing authorities (county, city, fire protection, and other special districts) hold budget hearings in the fall. Please refer to your tax bill or ask your Assessor for a listing of these districts,and plan to attend these budget hearings. The Assessor has carefully studied all available information, giving particular attention to the specifics included on your protest and has deter- mined the valuation(s) assigned to your property.The reasons for this determination of value are: THE ASSESSORS STAFF HAVE REQUFSTEO INFORMATION WHICH IS PERTINENT AND CRITICAL TO PROPER EVALUATION OF YOUR PROPERTIES VALUE, 9ECAUSE WE HAVE NOT RECEIVED THIS INFORMATION WE HAVE NO CHOICE RUT TO DENY ANY ADJUSTMENTS ON THIS PROPERTY UNTIL THE NECESSARY INFORMATION IS RECEIVED. PROPERTY CLASSIFICATION PETITIONER'S ASSESSOR'S VALUATION - ESTIMATE ACTUAL VALUE ACTUAL VALUE OF VALUE PRIOR TO REVIEW AFTER REVIEW LAND S9l 398 59,398 IMPS 2, 284, 677 2 , 2841677 TOTALS $ $ 2, 344, C75 $ 2 , 344,075 If you disagree with the Assessor's decision,you have the right to appeal to the County Board of Equalization for further consideration, 39-8-106(1)(a),C.R.S. Please see the back of this form for detailed information on filing your appeal. By: WARREN L. LASELL O6/25/93 WELD COUNTY ASSESSOR DATE '] �f�}wJ49 3 4 15-OPT AR' Form PR-207.87/93 ADDITIONAL INFORMATION ON REVERSE SIDE . . F t[Y ... .. {P r 3 .a r- PlemeR BeeSuucci E quanzat on will sit to hear.appears begin t it It" July ono corrhnumg through August 40 for cal momstvband and buildings) and personal property (furnishings, machinery, and equipment). 39-8-104 and 39-8S t i- 2;. C_.n.S.. ADDEAL PROCEDURES: if you hoosr to appeal the Assessor's decision, mail or deliver one cony of this competed eted form to the Dome Board ` Equalization To preserve your right to appeal,'your appeal must be PDSTMARKED OR DELIVERED 0 Ni OR BEFORE J LY 15 FOR REAL PROPERTY, AND JULY 20 FOR PERSONAL PROPERTY WELD COUNTY BOARD OF EQ_UALIZATiOrl 915 10th Street, P.O. Box 758 Creeley, Colorado 8063: Telephone (303) 356-4000, Ext. 4225 NOTIFICATION OF HEARING:You wel be notified of the time and place set for the hearing of your appeal COUNTY BOARD OF EQUAL.iZATION'S DETEHMtNATI N: The County Board of Equalization must make a decision on your appeal and mail you a determination withw five business days. The County Board must conclude their hearings by August 10. TAXPAYER MMONTS FOR FURTHER APPEALS: ' It you me r.ri satisfied with the t ounty.Board of Equ h;a'he is decision, yoy , os): e millers[fi i ty 4395 ofthe ru f ✓ snarl ze Equahzatiorys written decision} with ONE of the ₹ollowing, ' Board of Assessment Appeals (BAA): r Ccntact ₹t%= BAA at 1313 Sherman, Room 315, Denver. Colorado 80,x0;3. r30 d) 365-5880. 880. District Court: 9th Avenue and 9th Street, P.O., Box C Greeley, Colorado 80632 Telephone (3i 3) 366 E0Q0 Sez, 4520 Arbitration: WELD COUNTY BOA Rh OF EOUAt l,%ATlC N '1x5 #ith ` iii,,i MO, Fox 758 0ree(e,v ' Ci;aflo 80632 Telep ton C3', 50 4000, ED. .a { e a determination from th t of Assessment Appeals .'". a t .-"tlaZ .,,.✓„ yCRa morn Hepa(;es.[+h/ :Y°rh,x.Doom s` by September 20. `-rAsp .s 3P APPEAL PIGCDGrocs> YOU MUST PROVE YOU HAVE FRIAR A 'iME. 'LY APPEAL: ff,EREFUtfu, WE RECOMMEND ALL CORRESPONDENCE Sr; MAILED VW f-i t51U'XE =1.F xv36al1.l;wam. PETi'Tl N TO THE b . .k YA' xe OF e OZDI, OA1 , DD .. ti ai ' -Y.I:el age 'why you disagree Md;l the VALUE Assessor's valuation. D 39-Do O 5 R.S. {OU MUS STATE (Oi R 7PINION OF V IN TERMS OF HER;1 00r.M .Ai( . .dt'itioi ua documents as necessary AinOne or more' of the approaches to value indicate that the value assigned to the economic unit, of which this parcel is a part, is excessive. The petitioner's opinion of total actual value s: $ / 5-22°)"() Documentation will be furnished at hearing. Please send notice of hearing to: John F. Oberly Marvin F. Poer & Company 1,{ " 1200 17th Street, Ste 960 41 L ' Denver, CO 00202 �' 303/571/571—1800 7/14/93-id`S ' "P 6) Oker Ififf R _ .._.... .._._ _..._. .__._. _... _. _ .. 930749 • CLERK TO THE BOARD P.O. BOX 758 GREELEY,COLORADO 80632 (303)3584000 EXT.4225 C. COLORADO July 22, 1993 Parcel No. : 131136000042 PIN No. : R 5571886 PARK FLORAL COMPANY PO BOX 225 FT LUPTON, CO 80621 Dear Petitioner(s) : The Weld County Board of Equalization has set a date of Tuesday, August 3, 1993, at or about the hour of 2:00 P.M. , to hold a hearing on your 111 valuation for assessment. This hearing will be held at the Weld County Centennial Center, 915 10th Street, Greeley, Colorado, in the First Floor Hearing Room. You have a right to attend this hearing and present evidence in support of your petition. The Weld County Assessor will be present before the Board. The Board will make their 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 10, 1992, and mailed to you on or before August 16, 1992. Because of the volume of cases before the Board of Equalization, all cases shall be limited to 15 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. 'x'749 PARK FLORAL COMPANY - R 5571886 Page 2 At least two (2) working days prior to your hearing the Assessor will have available, at your request, the data supporting his valuation of your property. Please advise me if you decide not to keep your appointment as scheduled. If you need any additional information, please call me at convenience. your Very truly yours, BOARD OF EQUALIZATION � r Donald . arden, Clerk to the Board ��__ BY: �'��e- /y� -//�2� Linda M. Dodge, Deputy c/ cc: Warren Lasell, Assessor MARVIN F POER & COMPANY, TABOR CENTER 910749 EXHIBIT C _ S - 0 _ E _ HEARING 1 . 11 ' Park Floral Company 11610 CR 14 1/2 PIN# R 5571886 PARCEL# 1311-36-0-00-042 Park Floral Company came into being when the Gunesch' s purchased a 100 acre irrigated farm approximately 1.5 miles northwest of Fort Lupton in August 1986 @ $225,000. The improvements consisted of a single family residence and a small older worn green house; both demolished after purchase. They then begun constructing approximately 271,128 sq. ft. of green House and support improvements at a cost of $4,151,384 or $15.31 per sq. ft. Total Costs Land $ 225,000 Improvements 4, 151,384 (15.31 psf) Total 4,376,384 Current Assessor Value 80 Ac Farm Land $ 25,648 15 Ac Comm Land 33 , 750 Improvements 2,284,677 (8.43 psf) Total Value 2,344,075 (54%) Basic greenhouse construction consists of following: Nexus tubular steel frame * Structural polycarbonate cover +25% Hot water/steam heat system 4 - 250 H.p. gas fueled boilers Fan-Jet duct distribution (under bench) Exhaust fan cooling assembly Automatic water-drip humidity pad assembly * Automatic environmental controls - 12 zones Planting benches (steel/maneuverable) Water systems: Hand spray Overhead mist spray Drip tube Extras at Park Floral not in other area greenhouses. * 5 - Refrigerated coolers 1 - 16'W x 71'L x ll'H 4 - 16'W x 110'L x ll'H * Shade cloth - Automatic/thermostatic & manual controls * Black screen Automatic/thermostatic & manual controls The superior layout and design, using most modern of material and equipment, has resulted in a labor efficient and maximum production greenhouse with no equal in the area. 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