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STATE OF INDIANA ) BEFORE THE CITY OF SOUTH BEND <br /> } <br /> ST. JOSEPH COUNTY ) Subject Real Estate <br /> } 237 N. Michigan Street <br /> The LaSalle Apartments, LLC ) South Bend, IN 46601 <br /> Petitioner ) <br /> THE LASALLE APARTMENTS, LLC <br /> PETITION FOR WAIVER OF NON-COMPLIANCE <br /> The petitioner, The LaSalle Apartments, LLC, brings this petition pursuant to Ind. Code § 6-1.1- <br /> 12.1-11.3 (2017) to respectfully request that the City of South Bend, Indiana by its City Council, <br /> grant The LaSalle Apartments, LLC a waiver of non-compliance concerning the tax abatement <br /> previously granted to , The LaSalle Apartments, LLC, for 237 N. Michigan Street, South Bend, <br /> Indiana. In support of this petition, 237 N. Michigan Street, states: <br /> Background <br /> 1. The LaSalle Apartments, LLC is the owner 237 N. Michigan Street, South Bend, Indiana. The <br /> LaSalle Apartments, LLC remodeled the building formerly known as the LaSalle Hotel, the <br /> property. The LaSalle Apartments, LLC invested over $9 Million in land acquisition and <br /> construction costs for the newly remodeled apartment building, and created several new jobs. <br /> 2. In connection with The LaSalle Apartments, LLC's development of The LaSalle Apartments the <br /> City of South Bend granted The LaSalle Apartments, LLC a ten-ear tax abatement.The abatement <br /> was codified as Resolution 4417-15.A true copy of Resolution 4417-15 is attached to this petition <br /> as Exhibit 1. <br /> 3. The LaSalle Apartments, LLC has recently received its Tax Year 2017 (Pay in 2018) tax bill from <br /> the St. Joseph County Treasurer. The bill does not account for The LaSalle Apartments, LLC's <br /> abatement and, instead, charges the company for 237 N. Michigan Street's entire tax liability. <br /> 4. Based on discussions with the St. Joseph County Auditor, The LaSalle Apartments, LLC has <br /> learned that its tax abatement was not recognized by the Treasurer because The LaSalle <br /> Apartments, LLC did not file an abatement application in the spring of 2016. This, however, was <br /> an instance of excusable and innocent neglect. <br /> 5. Each year, the St. Joseph County Assessor is required to send St. Joseph County property <br /> owners a notice of re-assessment. See I.C. § 6-1.1-4-22. If a property owner has an active tax <br /> abatement, the property owner is required to file an annual abatement deduction application <br /> with the Auditor no later than thirty days after the date of the Assessor's re-assessment notice <br /> to the property-owner. See I.C. § 6-1.1-12.1-5(b). The Assessor's re-assessment notices are <br /> typically mailed in the fall preceding the new tax year, making abatement deduction applications <br />