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Home My WebLink AboutConfirming Tax Abatement - Robert & Catherine Kossler 1020 Saint Peter St. (5 Year Residential Property)Attest RESOLUTION 4360 -14 Passed by the Common Council of the City of South Bend, Indiana May 12, 14 20 Presented by me to the Mayor of the City of South Bend, Indiana _ May 13, 20 14 City Clerk dent of Common Council Approved and signed by me / 20—t On City Clerk im RESOLUTION NO. 360 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING A CERTAIN AREA WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1020 Saint Peter Street AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A (5) FIVE -YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR Robert and Catherine Kossler WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 1020 Saint Peter Street, South Bend, Indiana, and which is more particularly described as follows: THAT PART OF THE NORTHWEST QUARTER SECTION 1, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, WHICH IS DESCRIBED AS LOT "B" AS SHOWN ON THE PLAT OF "SORIN'S SECOND SUBDIVISION SIXTH REPLAT" RECORDED JUNE 13TH, 2012 IN THE OFFICE OF THE ST. JOSEPH COUNTY, INDIANA RECORDER AS INSTRUMENT NO. 1217687. CONTAINING 0.17 ACRES MORE OR LESS SUBJECT TO ALL LEGAL RIGHT —OF -WAYS, EASEMENTS, AND RESTRICTIONS OF RECORD. and this property has Tax Key Number 018 -5104 -3651 be designated as a Residentially Distressed Area under the provisions of Indiana Code 6 -1.1 -12.1 et seg., and South Bend Municipal Code Sections 2 -76 et sea., and; WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and WHEREAS, the Council held a• public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1 -12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 9394 -03, which was passed on February 10, 2003: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6- 1.1 -24 and IC 6- 1.1 -25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10 %) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6 -1.1- 12.1 -3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as a Residentially Distressed Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council as shown by the attachment pursuant to Indiana Code 6 -1.1- 12.1 -17. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1 -12.1 et sea. SECTION VI. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. PRESENTFCI >�� `Z•' l NOT APPROYM Filed ° . e ' °flee ?Q94 227 W. JEFFERSON BOULEVARD SUITE 1400 S. SOUTH BEND, IN 46601 -1830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR COMMUNITY INVESTMENT April 8, 2014 SCOTT FORD, EXECUTIVE DIRECTOR Council Member Gavin Ferlic, Chairperson Community Investment Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Residential Real Property Tax Abatement Petition for: Robert and Catherine Kossler Dear Council Member Ferlic: PHONE: 574 /235 -9371 FAx: 574/235 -9021 Please find attached the Department of Community Investment's report on a residential real property tax abatement petition submitted by Robert and Catherine Kessler to build a single - family home at 1020 St. Peter Street. Also attached is a copy of the petition, Statement of Benefits form, and supporting information. The report contains the department's findings relative to the above petition. The petitioner proposes to build a single - family home at a cost of approximately $330,000. The project meets the qualifications for a (5) five -year real property tax abatement. The petitioner will be available to meet with the Committee on Monday, April 28, 2014. Should you or any of the other Council members have any questions concerning the report, or need additional information, please feel free to call me at 235 -9278. Sincerely nk W Brock Zeeb Director Economic Resources Attachments 'cc: South Bend Common Council Members Deputy Mayor Mark Neal Scott Ford PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES JITIN KAIN PAMELA C. MEYER - CHRIS FIELDING DONALD E. INKS 227 W. JEFFERSON BOULEVARD SUITE 1400 S. SOUTH BEND, IN 46601 -1830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR COMMUNITY INVESTMENT SCOTT FORD, EXECUTIVE DIRECTOR 'ABA TFUFIvT REPORT TO: SOUTH BEND COMMON COUNCIL FROM: KATHY HAHN PHONE: 574235 -9371 FAX: 574235 -9021 SUBJECT: RESIDENTIAL REAL PROPERTY TAX ABATEMENT PETITION FOR: Robert and Catherine Kossler DATE: April 8, 2014 On April 7, 2014, a petition for residential tax abatement consideration for real property located at 1020 Saint Peter Street was filed with the City Clerk by Robert and Catherine Kossler. Pursuant to Chapter 2, Article 6, Section 2 -77.1 of the Municipal Code of the City of South Bend, this petition was referred to the Department of Community Investment for purposes of investigation and preparation of a report determining whether the area qualifies as a Residentially Distressed Area pursuant to I.C.6 -1.1 -12.1 and whether all zoning requirements have been met. The Department of Community Investment has reviewed the petition (a copy of which is attached), investigated the area, and makes the following report. PROJECT DESCRIPTION The petitioners intend to construct a 2400 square foot single family home on a vacant lot at a cost of $330,000. The home will have eight rooms three of which will be bedrooms along with a 2 car garage, unfinished basement, and front porch, The land size is 66 feet by 115 feet, and the house footprint is 36 feet by 85 feet. Total taxes to be abated during the (5) five -year abatement period are estimated to be $1,893. Total taxes to be raid during the (5) five -year abatement period are estimated to be $19,879 PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ATM KAIN PAMELA C. MEYER CHRIS FIELDING 'ECONOMIC RESOURCES DONALD E. INKS South Bend Common Council RE: Robert and Catherine Kossler April 8, 2014 Page 2 ABATEMENT QUALIFICATION A review of the tax abatements previously granted finds that the petitioner has not been associated with or been granted any previous tax abatements. 2. The Building Commissioner has reviewed this petition and finds the property to be properly zoned for the proposed project. 3. A review of the Tax Abatement Ordinance No. 9394 -03 finds that the petitioner meets the qualifications for a (5) five -year residential tax abatement under Section 2 -77.1, Single Family Residential Construction. CITY OF SOUTH BEND, INDIANA PETITION FOR RESIDENTIAL TAX ABATEMENT CONSIDERATION The undersigned owner(s) of real property, located within the City of South Bend, hereby petition the Common Council of the City of South Bend for residential Real Property tax abatement consideration and pursuant ro I.C., 6.1.1. 12.1.1, et sea.. and South Bend Municipal Code Sec. 2.76 et sea., for this petition state the following: 1. Describe the proposed construction project, including information about square footage, number of rooms, number of stories, other amenities such as finished basements and garages, the amount of land to be used, the proposed use of the improvements, and a general statement as to the importance of the project (use additional 2. Estimate the dollar value of the construction project (do not include land cost): $ 33O 60 3. The real property for which tax abatement consideration is petitioned (Property) is owned or to be owned by the following individual(s) or corporation(s) (if the business organization is publicly held, indicate also the name of the corporate parent, if any, and the name under which the corporation has filed with the Securities and Exchange Commission): Name Address Interest I o2D_ S— - , R�- c ! & — 4. The commonly known address of the Property ty is: 1020 SPc-eer S{ _ _and having tax key no.:_ O 183510 Ll - 36 5 t additional sheet for multiple addresses or key numbers). 5. A legal description of said Property(s) is attached hereto, marked Exhibit A, and is incorporated herein. 6. A map and /or plat indicating the location of the Property(s) is attached hereto, marked Exhibit B, and is incorporated herein. 7. Photographs of the Property(s), taken within two (2) weeks of the filing of this petition, are attached hereto, marked Exhibit C, and incorporated herein. S. The current assessed valuation of the property before construction is $ 54', (0 il * (use additional sheet for mull ;ple addresses. (Information maybe 4tained from the St. Joseph County Assessor's OOffice, {235. 9523), Tk„ ww.,¢ assaww pr1D�i..c� 'lit�[beXclp, o�ae #IBtbo f!a /(astesie f� rtew ccSSesr<B a C.' ��*pp 9. List the real property taxes paid at the location during the previo, � two ye2rs, whether paid by the current owner or a previous owner (use additional sheet for multiple addresses): 2013 4 iaS.sz (This information may be obtained from the St. Joseph County Treasurers office, 235.9531) 10. What is your best estimate of the after completion market value of the property: $ (Rev. 5/13/11) 11. No building permit has been issued for construction on the property in connection with the improvement in question as of the date of filing of this petition. The building permit may be issued after the South Bend Common Council has approved the Declaratory Resolution. (Tax abatement is not available if a building permit has already been issued). The signature below is verification of this statement. 12. List other anticipated public financing for the project, including any assistance to be sought or already authorized through the United States Department of Housing and Urban Development funds from the City of South Bend, South Bend Housing Authority, Housing Assistance Office, St. Joseph County Housing Consortium or other public financial assistance, including but not limited to public works improvements: 13. Describe how the property has become undesirable for or impossible of normal development because of a lack of development, cessation of growth, deterioration of improvements or other factors which have impaired values and prevent a normal development of the property: 14. The current use of the property is __ 5 n e e. (( c .,L((vl�l_ _ and the current zoning is 51x2 (use). (This information may be obtained from the Building Department 235.9553) 15. The property is located in the following Allocation Area (if any) declared and confirmed by the South Bend Redevelopment Commission (requiring approval of the tax abatement by the Redevelopment Commission): I 16. The following person should be contacted as the petitioner's agent regarding additional information and public hearing notifications: Name Addre: City,S TeIepF E -mail WHEREFORE, Petitioner has paid the required fee of $5(Lfl0 and requests that the Common Council of the City of South Bend, Indiana, adopt a declaratory resolution designating the area described herein as a residentially distressed area for the purposes of real property tax abatement consideration, and after publication of notice and public hearing, determine that the qualifications for a residentially distressed area have been met and confirm such resolution. CJTYCLVk (Rev. 5/13/11) Name of Property Owner(s): tcpbPJ"F Rn� Uv,/ -Ae Kosslr-l- By. —. t�=— (Signature) jZo%{�'./��' C0. w", (Typed or printed name and capacity) EXHIBIT "A" Legal Description of the Real Estate: THAT PART OF THE NORTHWEST QUARTER SECTION 1, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, WHICH IS DESCRIBED AS LOT "B" AS SHOWN ON THE PLAT OF "SORIN'S SECOND SUBDIVISION SIXTH REPLAT" RECORDED JUNE 13TH, 2012 IN THE OFFICE OF THE ST. JOSEPH COUNTY, INDIANA RECORDER AS INSTRUMENT NO. 1217687. CONTAINING 0.17 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL RIGHT -OF -WAYS, EASEMENTS, AND RESTRICTIONS OF RECORD. COMMONLY KNOWN AS: 1020 ST. PETER STREET, SOUTH BEND, INDIANA � '114. Jolq' v tc pr,= 10 CITY SCI AK, SQU t IS YEAR B-AP7 =14 se South Bend Poltega Township Residential Rest Property Tex Abatement Schad ta• Estimated Project Cost: $33960000 Assessed Value • ax Tax Aba_ led" T� Paid,•• Structure ( %AV of cost) 100.0% Land Value 10,000 330,000.00 330,000.00 330,000.00 Gross Assessed Value 10.000.00 WA Less Mortgage Exemption 340.000.00 330,000.00 WA 330,000.00 Less Homestead Deduction (3000.00) , (3,000.00 ) (3,000.00) Less Supplemental Homestead Deduction (45,000.00) (45,000.00) (45'000.00) Base Assessed Value 103,250.001 (10325000) 188,750.00 176,760.00 178,750.00 Less Maximum Abatement Deduction Less Non - Abated Amount WA WA (74,880,00) Plus Land Assessed Value WA (103,870.00) Net Assessed Value WA WA WA 10.000.00 188,750.00 74,880.00 113,870.00 Prooertv Taxes- Assume constant fax rate or 5.0228% 5.0228% 5.0228% Gross Tax (lax rate x net assessed value) Less County COIT Homestead Credit: > 9.486'49 7.3430/, 3,761.05 5,719.43 Tax Due Before Circuit Breaker (69615) (27617) .,o.ae Less Circuit Breaker Credit 8,784.34 3,484.88 5,299.46 Net Tax (4429.83) (3106211 3 62) 4,354.51 378.67 3,975.84 Circuit Breaker Cap Circuit Breaker Debt Service 1.0000% 3'400.00 3,300.00 Circuit Broker Cap 0.5057% 954.51 378.67 3,400.00 4,354.51 3,678.67 575.84 3,975.84 Net Total Year Assessed Taxes Tax 1 Value Due Abated Tax 188,750.00 4,354.51 378.67 Paid 2 188,750.00 4,354.51 378.67 3,975.84 3 188,750.00 4,354.51 378.67 3,975.84 4 188,760.00 4,354.51 378.67 3,975.84 5 168,750.00 4,354.51 378.67 3,975.84 S Year totals: 21,772.54 1,893.34 3,975.84 19,879.20 'This schedule is for estimation purposes only and assumes constant tax rates. The true tax values will ultimately be determined by the actual assessed valuation and the then current lax rates. 'Tax Abated is capped at $74,880 of assessed value of structures assessed value. only and does not include land "'Tax Paid is calculated using the difference between actual assessed value of structure and maximum abated portion of $74,880 and adding back the land assessed value. JOMwCfGclr ..� CLRRK, $QQ1T i 4A,,?o -a z �� 11 11 b ae�8l �f It 61 ra a R Vill tip 4 s 6 i d gill ! 1 j � I I I 4 § 1 4 1 9 I! 1 9 ! 1 ! I § ! I I I I — — — — � --�— Wa .9•ze) anger era ssioa Vn a, m, ! �I ! 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