HomeMy WebLinkAbout920722.tiff RESOLUTION
RE: THE BOARD OF EQUALIZATION, 1992, WELD COUNTY, COLORADO
PETITION OF:
STORAGE EQUITY CONCEPTS MANAGEMENT 15
318 W RANDOLPH ST
CHICAGO, IL 60606
DESCRIPTION OF PROPERTY: PIN: R 1748886 PARCEL: 095901318040 - GR SI-S PT
SW4SW4 1 5 66 STORAGE INN PROPERTY COMM SW COR SEC N88D46'E 466.70' N30'
N88D46'E 207.22' NO1D14'W 436.77' TO TRUE POB N88D47'E 207.13' SOD04'W 43.04'
N88D34'E 257.06' THENCE ON A CURVE TO LEFT
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 1992, 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 1992, 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 a letter from Mark Grueskin,
Isaacson, Rosenbaum, Woods, and Levy, 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. As such, this Board finds
that the Petitioner failed to meet the burden of proving that the Assessor's
valuation was incorrect. The assessment and valuation of the Weld County
Assessor shall be, and hereby is, affirmed.
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:
920722
C0 err l i[o v �2� R Pltr 54nt '✓ie R75
Page 2
RE: BOE - STORAGE EQUITY CONCEPTS MANAGEMENT 15
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
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.
920722
Page 3
RE: BOE - STORAGE EQUITY CONCEPTS MANAGEMENT 15
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 CBOE. 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.
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 30th day of July, A.D. , 1992.
BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COUNTY, COLORADO
Weld County Clerk to the EXCUSED - DATE OF SIGNING (AYE)
Geo e Kennedy, Chairman
By:
epull ty Cle k o the Boa Constance L. Harbert, Pro-Tem
APPROVED AS T FORM:
C. W. Kir
Assistant County Attorn Gord cy
W. H. Webster
920722
BOE DECISION SHEET
PIN It: R 1748886 PARCEL II: 095901318040
STORAGE EQUITY CONCEPTS MANAGEMENT 15
318 W RANDOLPH ST
CHICAGO, IL 60606
HEARING DATE: July 30, 1992 TIME: 3:00 P.M.
HEARING ATTENDED? (Y/N) NAME:
J
AGENT NAME: MR MARK G GRUESKIN ISAACSON, ROSENBAUM, WOODS & LEVY
APPRAISER NAME: `:."
DECISION:
DECREASE IN VALUATION
INCREASE IN VALUATION
NO CHANGE IN VALUATION Li'-
ASSESSMENT RATIO
ACTUAL VALUATION
ORIGINAL ADJUSTED
Land $ 225442 $
Improvements OR
Personal Property 424558
Total Actual Value $ 650000 $
COMMENTS:
MOTION BY ,g�y TO 47 vL�
SECONDED BY �/
=` +— Kirby -- N)
Lacy -- i
(/ Failed to meet burden of proof Webster -- N)
- Comparables inadequate )
Harbert -- N)
Other: Kennedy -- ‘5,N)
RESOLUTION NO._ 920722
9151 t STREET
915 10th STREET
GREELEY,COLORADO 80631
NUT .' OF DE:NI I AL PHONE(3.03)3564000, EXT.4256
GR SI-S PT 5W45144 1566'�t'STORACI ' INN
PROPERTY COMM SW CUR SEC C�N88D46tE' 466.7o ,
COLORADO N3O8 N88046' E 207 .224 NO1,014'W 436.77' "u'F
TO TRUE POD N88D47'E 297.13' S9D04'W 43.044 1 � _ � � :141A
NdaD34'E 257.066 THENCE i0(V;;,19 .CU .53.0, LEFT )
3209 W fy1, ➢,T<'�;:i,9 :':(
1,;Q ; art IE of s;l, a RSA,/-i r_ ;, � GREELEY r C�;�
OWNER STORAGE EQUITY CONCEPTS MANAGEMENT 15 'R(J
STORAGE EQUITY CONCEPTS MANAGEMENT 15 '1 ; ri)(tii "s`PARCEL 0 9590 131 8040
PIN R 1748886
318 W RANDOLPH ST YEAR .1992
CHICAGO IL 6OnO6 LOG 00334
,05/28/1.992
The appraised value of property is based on the appropriate consideration of the approaches to valtie'required by law. The Assessor has determined
that your property should be included in the following category(ies):
, ALL OTHER PROPERTY. INCLUDING VACANT LAND, IS . UALUED .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 fora 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:
NO CHAry,;L HAS DEEM MADE TO THE ACTUAL VALUATION OF THIS PROPERTY.
COLORAITO LAW RE:)II I RE`s US TO S'. ND THIS NOTICE OF DENIAL FUR ALL
PRO PEPit.(S ON WHICH WE DO NOT ADJUST THE VALUE.
if
PROPERTY CLASSIFICATION ' 'i`PETITIONER'S{_, ASSESSOR'S VALUATION:? fl
ESTIMATE ACTUAL VALUE -ACTUAL VALUE,,..
PRIOR TO REVIEW AFTER REVIEW
Cif
LAND 2254 442 \II225j`'A4'`
2
IMPS 4 24) 558 424 , 558
TOTALS $ $ 690. Ono$ 650 ,000
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 06/01/92
WELD COUNTY ASSESSOR DATE 15-OPT-AD +� 2S
Form PR-207-87/92 ADDITIONAL INFORMATION ON REVERSE SIDE �K
July 15 , 1992
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Weld County Board of Equalization
915 10th Street
P. O. Box 758
Greeley, CO 80632
R
RE: Schedule Number 1748886 (Property located at
3209 West 10th Street, Greeley)
Gentlemen: c1Rs3o1 i7, 4-0
As taxpayer for the above-referenced property, I am submitting
this letter as a petition to the Weld County Board of Equalization
for review of the $650 ,000 value placed on this property by the
Weld County Assessor.
As I indicated to the Assessor in my protest to him, a more
appropriate value for this property is $430 , 000 . The basis for
this conclusion is a review of the income approach to appraisal for
storage properties such as the subject. During the base period,
the income approach to appraisal would have been as follows :
Revenue $117 , 874
Expenses ( such as salaries,
insurance, advertising,
repairs and maintenance,
but not property taxes ) $ 57 ,484
Net operating income $ 60 , 390
NOI capitalized at 14% _ $431 ,357
ROUNDED TO $430 ,000
This analysis is based upon actual and typical revenue and
expense estimates for a self-storage facility such as the subject
during the base period.
Weld County Board of Equalization
July 15 , 1992
Page 2
When a hearing in this matter has been scheduled, please
contact my attorney at the following address;
Mr. Mark G. Grueskin
Isaacson, Rosenbaum, Woods & Levy, P.C.
633 17th Street, Suite 2200
Denver, CO 80202
( 303 292-5656
I would appreciate it greatly if you would not schedule this
hearing on July 25 through 31 or August 10 . Th k you very much.
si eroly,
M nor M. Scott III
Majority Shareholder and Agent
Storage Equity Concepts Management
15, L. P. (an Illinois Limited
Partnership) , Taxpayer
cc: Weld County Board of Equalization (via fax)
200 ' 39tld 2516262 COE OV SI 26. SI in f'
July 15, 1992
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Weld County Board of Equalization
915 10th Street
P. O. Box 758
Greeley, CO 80632
RE: Schedule Number 1748886 (Property located at
3209 West 10th Street, Greeley)
Gentlemen:
As taxpayer for the above-referenced property, I am submitting
this letter as a petition to the Weld County Board of Equalisation
for review of the $650,000 value placed on this property by the
Weld County Assessor.
As I indicated to the Assessor in my protest to him, a more
appropriate value for this property is $430,000. The basis for
this conclusion is a review of the income approach to appraisal for
storage properties such as the subject. During the base period,
the income approach to appraisal would have been as follows,
Revenue $117,874
•
Expense■ (such as salaries,
insurance, advertising,
repairs and maintenance,
but not property taxes) #_ 57,484
Net operating income $ 60,390
NOI capitalised at 14% w $431,357
ROUNDED TO $430,000
This analysis i■ based upon actual and typical revenue and
expense estimates for a self-storage facility such as the subject
during the base period.
920722
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4,
Weld county Board of Equalisation
July 15, 1992
Page 2
When a hearing in this matter has been scheduled, please
contact my attorney at the following address*
Mr. Mark G. arueskin
Isaacson, Rosenbaum, Woods s Levy, P.C.
633 17th Street, Suite 2200
Denver, CO 60202
(303 292-5656
I would appreciate it greatly if you would not schedule this
hearing on July 23 through 31 or August 10. Th k you very much,
Si *rely,
nor M. Scott III
Majority Shareholder and Agent
Storage Equity Concepts Management
15, L. P. (an Illinois Limited
Partnership) , Taxpayer
oct Weld County Hoard of Equalization (via fax)
rent
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LAW OFFICES NM INN
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ZELECOPIER COVER INERT
DATE: July 15, 1992
TO: Weld County Board of Equalisation_
YOUR FAX NUMBER, 1-352-0242
YOUR TELEPHONE NUMBER: 1-356-4000 Ext. 4225
FROM: MARK G. GRUESKIN. ESQ.
NUMBER OF PAGES BEING SENT ( INCLUDING THIS PAGE)
SENDER'S TELECOPIER NUMBER: („3031 292-3152
FOR TRANSMISSION PROBLEMS PLEASE TELEPHONEr (303)292-5156
ASK FOR: Gerard EXTENSION:_ 104
COMMENTS: ATTENTION: BETTY
BILL NUMBER: 09949-000
NOTICE: The information contained in or attached to this FAX
message is intended only for the confidential use of the
individual(s) named above. If you are not the named recipient, or
an agent responsible for delivering it to the named recipient, you
are hereby notified that you have received this document in error
and that review, dissemination or copying of this communication is
prohibited. If you have received this communication in error,
please notify us immediately by telephone and return the originay
documents to us by mail. Thank you. .72CV�
T0'd A/191 1 SODOM WI1VSN3SOa NOSJWSI 2ST£262 £0£ TO:ST 266T-ST-Le
44114\ CLERK TO THE BOARD
P.O. BOX 758
OREELEY,COLORADO 80632
C (303)358-4000 LX?.4225
COLORADO
July 21, 1992
Parcel No. : 095901318040 PIN No. : R 1748886
STORAGE EQUITY CONCEPTS MANAGEMENT 15
318 W RANDOLPH ST
CHICAGO, IL 60606
Dear Petitioner(s) :
The Weld County Board of Equalization has set a date of Monday, July 30,
1992, at or about the hour of 3:00 P.M. , to hold a hearing on your
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.
920722
STORAGE EQUITY CONCEPTS MANAGEMENT 15 - R 1748886
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 your
convenience.
Very truly yours,
B RD OF EQUALIZATION
Donald
D. Warden,
Clerk to he Board
BY: ( G�-1
LL'iceS
Carol A. Hardin, eputy
cc: Warren Lasell, Assessor
MR MARK G GRUESKIN, ISAACSON, ROSENBAUM, WOODS & LEVY
P 387 471 766 If N
RECEIPT FOR CERTIFIED MAIL °' m0c 43 ' d a
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• Complete items 1 sedlor 2 for additional aerates. also wish tserviceo (for receive v e
• Complete items 3, and 4a & b.
• Print your name and address on the reverse of this form so fee):
that we can return this card to you. _ 1. ❑ Addressee's Address
• Attach this form to the front of 3[oe(mailpieee or on the
beck if space does not permit. - - 2. ❑ Restricted Delivery
• Write "Return Receipt Requestad'?`on the mailpiece next to
the article number. Consult postmaster for fee.
3. Article Addressed (o.:" ' ” r ' l, j': ` - 4a. Article Number
AGENT 4b. Service Type
RK G GRUESKIN N � ❑ Registered ❑ Insured
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17TH STREET SUI TE 22O0 ID Express Mail ❑ Return Receipt for
_Rs CD 80202 Merchandise
7. Date of Delivery 74r.
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5. Signature (Addressee) 8. Addressee's Address(Only if requested
and fee is paid)
6. Signature (Agent)
PS Form 3811. Oats 1990 *Us OM Ite meet DOMESTIC RETURN RECEIPT
P 387 471 r67
RECEIPT FOR CERTIFIED MAIL
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4. NOT FOR INTERNATIONAL MAIL
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920722
ri‘ r
to ` CLERK TO THE BOARD
P.O. BOX 758
III ID GREELEY,COLORADO 80632
C. (303)3564000 EXT.4225
COLORADO
July 23, 1992
Parcel No. : 095901318040 PIN No. : R 1748886
STORAGE EQUITY CONCEPTS MANAGEMENT 15
318 W RANDOLPH ST
CHICAGO, IL 60606
Dear Petitioner(s) :
The Board of Equalization notification of hearing mailed to you earlier
this week incorrectly listed your hearing as Monday, July 30, 1992. This
is to notify you that the hearing is scheduled for Thursday, July 30, 1992
at the time stated on your first notice. We regret any inconvenience this
may have caused you.
Very truly yours,
BWaLL
IZA
Donald D. Warden,
Clerk to the Board
BY: 1t �
Carol A. Harding, Deputy
cc: Warren Lasell, Assessor
MR MARK G GRUESKIN, ISAACSON, ROSENBAUM, WOODS & LEVY
S7.1:r =
07-29-1992 15:15 30' 23152 ISAACSON RO5EN6i WOODS S LEVY P.02
ISAACSON, ROSENBAUM, Woons 6t. LEVY, P.C.
LAW OFFICES BUM 7100
633 • ITTH ITRIET
MINT0N D.RORINSAUY IIQURD L NATHAN )EPV11T I. WALLAH DENVER. COLORADO 80202
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July 29, 1992
Via Fax 5303) 352-D242
Weld County Board of Equalization
915 10th Street
P. O. Box 758
Greeley, CO 80632
Dear Sires
As was communicated to the Deputy Clerk of your Board last
week, Storage Equity Concepts 15, taxpayer for real property locat-
ed at 3209 West 10th Street in Greeley (Schedule Number 1748886 ) ,
is not able to attend the hearing scheduled for July 30, 1992 ,
before this Board. The fact that we would be unable to attend the
hearing on this date was communicated in our petition to this Board
and reiterated to the deputy clerk, but we have not been made aware
that any accommodation is being made so that the taxpayer can
present its case in person.
Nevertheless, the taxpayer has authorized me to transmit to
you the attached list of comparable sales of like properties from
the base period. You will notice that comparables 2 and 3 are
similar to the subject property, in that they contained a
residential unit, as well as the commercial facility used as a
mini-storage warehouse. The taxpayer is thus requesting that:
(1) The residence and the land that supports it be given
a residential, rather than commercial, classification;
(2) The residential unit be valued consistently with
similar residences in the county; and
•
EXHIBIT
r
JUL 29 ' 92 15: 13 303 2923152 FAGF
ISAACSON, ROSENBAUM, WOODS & LEVY, P.C.
LAW OFFICES SUITE 2200
- - • 633 • 17TH STREET
STANTON D.ROSENBAUM RICHARD L.NATHAN JEFFREY J. ZALLAPS DENVER, COLORADO 80202
GARY A.WOODS R.G.(SHELLEY)KROVITZ LISA J. MUTSCHLER
SAMUEL L.LEVY MARK G.GRUESKIN j TELEPHONE
STEVEN G.WRIGHT GARY A.KLEIMAN LOUIS G.ISAACSON OF COUNSEL (303) 292.5656
EDWARD I.RAMEY FRED E.LAPIN PHILIP ABRAMS SPECIAL COUNSEL
WILLIAM E J.DONOVAN, ALAN FRED L. K Y.SKILLERN
LAWRENCE L.DONOVAN,JR. I L.MAYER TELECOPY
SANDY GAIL.KUETER CHRISTOPHER E.BENCH CHARLES AMUE M.
GOLDBERG(I19L1973)
74 (303) 292-3152
LAWRENCE STELS CARLOS PEAL SJOSEPH
J.
GOL H7 U9m.)9i1)
JONATHAN H.STEEPER (ADMITTED IN MICHIGAN ONLY) JOSEPH STOLLAR U9M49EE1
July 29 , 1992
Via Fax ( 303 ) 352-0242
Weld County Board of Equalization
915 10th Street
P. 0. Box 758
Greeley, CO 80632
Dear Sirs:
As was communicated to the Deputy Clerk of your Board last
week, Storage Equity Concepts 15 , taxpayer for real property locat-
ed at 3209 West 10th Street in Greeley ( Schedule Number 1748886 ) ,
is not able to attend the hearing scheduled for July 30 , 1992 ,
before this Board. The fact that we would be unable to attend the
hearing on this date was communicated in our petition to this Board
and reiterated to the deputy clerk, but we have not been made aware
that any accommodation is being made so that the taxpayer can
present its case in person.
Nevertheless, the taxpayer has authorized me to transmit -to
you the attached list of comparable sales of like properties from
the base period. You will notice that comparables 2 and 3 are
similar to the subject property, in that they contained a
residential unit, as well as the commercial facility used as a
mini-storage warehouse . The taxpayer is thus requesting that:
( 1 ) The residence and the land that supports it be given
a residential, rather than commercial, classification;
( 2 ) The residential unit be valued consistently with
similar residences in the county; and
W
ISAACSON, ROSENBAUM, WOODS & LEVY, P.C.
Weld County Board of Equalization
July 29 , 1992
Page 2
( 3 ) The value of the commercial property reflect its
actual selling price of approximately $13 .00 per square foot
of commercial property.
Sin erely, / 7
Mark G. Grueskin
MGG: ed
9210722
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