HomeMy WebLinkAbout910830.tiff RESOLUTION
RE: THE BOARD OF EQUALIZATION, 1991, WELD COUNTY, COLORADO
PETITION OF:
LUSTIGMAN SHAWN & SHAOUL RALPH
5150 AIRPORT RD
COLO SPRINGS, CO 80916
DESCRIPTION OF PROPERTY: PIN: R 3998786 PARCEL: 096130113008 - EVS PIC2-8
L8 BLK2 PLATTE INDUSTRIAL CENTER 23807 CARSON ST%
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 1991, 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 1991, 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 Thomas R. Fenton, 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:
910830
Page 2
RE: BOE - LUSTIGMAN SHAWN & SHAOUL RALPH
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.
910830
Page 3
RE: BOE - LUSTIGMAN SHAWN & SHAOUL RALPH
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 2nd day of August, A.D. , 1991.
BOARD OF COUNTY COMMISSIONERS
ATTEST: �� WELD COUNTY, ORADO
Weld Count' oa"rd.�i/7
Gordo c irman
Y: ///�J ��
B Deputy Clerk the Bo rd Geo -e Kenny, Pro-Tem
_
APPROVED AS TO FORM:
ons`taance L. Harbert
iAssistantCounty Attorney C. W.
EXCUSED
W. H. Webster
910830
BOE DECISION SHEET
PIN #: R 3998786 PARCEL #: 096130113008
LUSTIGMAN SHAWN & SHAOUL RALPH
5150 AIRPORT RD
COLO SPRINGS, CO 80916
HEARING DATE: August 2, 1991 TIME: 1:30 P.M.
HEARING ATTENDED? 40/N) NAME:
AGENT NAME: NORTH AMERICAN PROPERTY TOM DECORA
DECISION:
DECREASE IN VALUATION
INCREASE IN VALUATION
NO CHANGE IN VALUATION
ASSESSMENT RATIO
ACTUAL VALUATION
ORIGINAL ADJUSTED
Land $ 96880 $
Improvements OR
Personal Property 96349
Total Actual Value $ 193229 $
COMMENTS:
MOTION BY ml/,r TO ,2—r!--2.-7�j
SECONDED BY .7)</ Lacy N)
Kennedy N)
t'vFailed to meet burden of proof Harbert N)
Comparables inadequate Kirby /N)
Assessor's data unchallenged Webster N)
Other:
RESOLUTION N0. 910630
+: . .. :ioi 7;0-_.. Tv l.ti_iNT 6UA._
in association with
NORTH AMERICAN PROPERTY CONSULTANTS, INC.
FILE HUMBER AUTHORIZED BY ADDRESS
62•-91-0000150E Ralph Shaoul 2075 Potomac St.
FOR OWNER
Lustigran ;haws Shaoul Ralph
PARCEL NUMBER SCHEDULE NUMBER PIN NUMBER PROPERTY LOCATION
096130113008 R 3998766 F,' 3998726 3807 Carson St.
_..., .
FENTON, GREINER & YATES, INC. in association with NORTH AMERICAN PROPERTY CONSULTANTS, INC. protests the valuecian the. :
property noted herein because it is the opinion of the appraisers that the three approaches to value have not:ttFen__
properly utilized and correlated to achieve the correct valuation for tax year 1991. Appropriate documentation! of gar
opinion of valuation will be presented formally at hearing. . • •
SUBMITTED BY: Ruth Buttram Tom DeCora Greg Lips -:?
ADDITIONAL INFORMATION TO CONSIDER �
Our appraisal report indicates that the three roaches to value properly correlated indicate the value on this a
.r P- approaches , P P }
property is excessive as indicated on the Notice of Determination provided by the Assessor for 1991.
43 1._C, S30
FENT+ON, GREIN R & YATES INC. in association with NORTH AMERICAN PROPERTY CONSULTANTS, INC.
64`' East Eisenhower Boulevard Suite A Loveland, Colorado 80537 343-649-3263
� ��� JPFI(,.915 CVCA Y A,SSL SLUR
915 10th STREET
" GREELEY,COLORADO 80631
NOTICE OF DENIAL PHONE(303)356-4000 EXT.4256
, . ® EVS PIC2-8 L8 "BLK2 PLATTE INDUSTRIAL CENTER
%380,7 CARSON. ST%
COLORADO
3807. _ CARSON ST _ . . EVANS
OWNER LUSTIGMAN SHAWN t SHAOUL RALPH
NORTH AMERICAN PROPERTY PARCEL 096130113008
TOM DECORA PIN R 3998786
64Q EAST EISENHOWER BLVD SUITE A YEAR 1991
LOVELAND CO 80537 LOG 01913
05/17/1991
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 cost and market approaches. - -
Agricultural land value is determined solely by the earning or productive capacity of the land, capitalized at a rate set by law.
Producing mines are assessed at 25%of the gross proceeds or 100%of the net proceeds,whichever is greater.
Oil and gas leaseholds and lands are assessed at 87.5% of the gross value of the oil and/or gas sold or transported from the premises on
primary production;secondary production is valued at 75%. - - -
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:
NO CHANGE HAS BEEN MADE TO THE ACTUAL VALUATION OF THIS PROPERTY,
COLORADO LAW REQUIRES US TO SEND THIS NOTICE OF DENIAL FOR ALL
PROPERTIES ON WHICH WE DO NOT ADJUST THE VALUE.
OV
i )- 02, a3
PETITIONER'S - ASSESSOR'S VALUATION
PROPERTY CLASSIFICATION ESTIMATE ACTUAL VALUE ACTUAL VALUE
OF VALUE PRIOR TO REVIEW AFTER REVIEW
LAND 962880 962880
IMPS 962349 962349
TOTALS $ $ 193p 229 $ 193,229
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. 910930
WARREN L. LASELL
BY: 06/07/91
WELD COUNTY ASSESSOR DATE ,
Form PR207-87'91 ADDITIONAL INFORMATION ON REVERSE SIDE>CCCNED J��P� 2 1g�I58
(4. 6
CLERK TO THE BOARD
6\c\ P.O. BOX 758
I GREELEY,COLORADO 80832
(303)358-4000 EXT.4225
C.
COLORADO
July 18, 1991
Parcel No. : 096130113008 PIN No. : R 3998786
LUSTIGMAN SHAWN & SHAOUL RALPH
5150 AIRPORT RD
COLO SPRINGS, CO 80916
Dear Petitioner(s) :
The Weld County Board of Equalization has set a date of Friday, August 2,
1991, at or about the hour of 1:30 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, 1991, and mailed to you on or before
August 16, 1991.
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.
91.C830
LUSTIGMAN SHAWN & SHAOUL RALPH - R 3998786
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,
BO, OF EQUALIZATION
Donald D. Warden,
Clerk to the and
BY: �� 1�4. �� c
Carol A. Har ing, De u
cc: Warren Lasell, Assessor
NORTH AMERICAN PROPERTY, TOM DECORA
°1 C819
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