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ABONMARCHE <br />Conftdence By bestgn <br />ENGINEERS <br />ARCHITECTS <br />PLANNERS <br />SURVEYORS <br />750 Lincoln Way East <br />South Bend, IN 46601 <br />T. 574-232-8700 <br />F. 574-251-4440 <br />www,abonmarche.com <br />FORT WAYNE, IN <br />BENTON HARBOR, MI <br />MANISTEE, MI <br />SOUTH HAVEN, Ml <br />October 3, 2007 <br />Members of the Common Counci! <br />City of South Bend <br />227 West Jefferson Boulevard, Suite 400 S <br />South Bend, IN 46601 <br />Find' In Clark's Office <br />0 CT - 3 2007 <br />JOKN YOORDE <br />CrrY CLERK, S0. BEMD, IK <br />RE: Kendall Weiss, L.L.P. Petition for 5 year Residential Real Property Tax <br />Abatement far 6819 Stewart Drive (tot 409 within Lafayette Falls, Phase <br />111, Section One) <br />Dear Council Members: <br />As the agent for Kendal! Weiss, L.t.P., which is a Weiss Homes, Inc. <br />development partnership, we are requesting a waiver for Lot 409 <br />within Lafayette Falls, Phase Ill, Section One (Instrument #0728461) from <br />the requirement of obtaining Council action on a tax abatement prior <br />to the issuance of a building permit. This lot has a common property <br />address of 6819 Stewart Drive, South Bend, Indiana 46614. <br />Firstly, !would like to point out that it is the developer's intention since <br />the development began construction in 2003 to seek residential tax <br />abatements for every single lot within the Lafayette Falls residential <br />development. Separate tax abatement petitions have been filed and <br />have been approved for each individual section of the development <br />as they have been subdivided. <br />A 5 year residential real property tax abatement was adopted by the <br />Common Council on February 12, 2007, (Resolution 3697-07) for Lots <br />403 through 408. These lots lie immediately to the. north of Lot 409. The <br />developer was unaware that Lot 409 was not included within this <br />approved abatement and inadvertently obtained a building permit <br />for this lot. <br />By approving this waiver, the owner of Lot 409 will be able to benefit <br />from the same abatemenfi which has been granted for every other lot <br />within the development. The City of South Bend will still receive the <br />additional taxes generated by this improved residential lot based <br />upon the 5 year abatement schedule. After the 5 year abatement <br />expires, the City will receive 100 percent of fhe taxes assessed for this <br />lot. <br />We strongly believe that the circumstances presented above and the <br />developer's continuing commitment to invest in this 400 plus lot <br />