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HomeMy WebLinkAboutConfirming Tax Abatement - Laura Carlson & Robert West 802 Napoleon ( 5 Year Residential Property)Attes RESOLUTION 4409 -14 Passed by the Common Council of the City of South Bend, Indiana November 24, 14 20 Presented by me to the Mayor of the City of South Bend, Indiana November 25, 20 14 City Clerk dent of Common Council Approved and signed by me 0'u— l S 20—L. City Clerk Maya' , RESOLUTIONNO. g1f0i—I -7 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING A CERTAIN AREA WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 802 Napoleon AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A (5) FIVE -YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR Laura Carlson & Robert West 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 802 Napoleon, Indiana, and which is more particularly described as follows: LOT 53 EXCEPT EAST 140 FEET, SORIN'S 2ND ADDITION, SECTION 1, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA and this property has Tax Key Number 018 -5104 -3634 be designated as a Residentially Distressed Area under the provisions of Indiana Code 6 -1.1 -12.1 et seq., and South Bend Municipal Code Sections 2 -76 et seq., 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 sea., 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 d further determines that the petition complies with Chapter 2, Article 6, of the iicipal Code o the City of South Bend and Indiana Code 6 -1.1 -12.1 et sea. SECTION VI. This Resolution shall be in full fo e ec m d its adoption by the Common Council and approval by the Mayor. Council l ed in Clerk's Office QCi 23 2014 PRESENTED v2' ,!OHM VOORDE f NOT APPROVED? 9 r., CLERK, SOUTH SEND, IN 3 227 W. JEFFERSON BOULEVARD SUITE 1400 S. SOUTH BEND, IN 46601 -1830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR COMMUNITY INVESTMENT October 29, 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: Laura Carlson and Robert West 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 Laura Carlson and Robert West to build a single - family home at 802 Napoleon. 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 $300,000. 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, November 10, 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 -9339. Sincerely Br ckleeb Director Economic Resources Attachments cc:South Bend Common Council Members Mayor Pete Buttigieg Scott Ford Chris Fielding 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 TAX ABATEMENT REPORT TO: SOUTH BEND COMMON COUNCIL FROM: KATHY HAHN PHONE: 574/235 -9371 FAX: 574/235 -9021 SUBJECT: RESIDENTIAL REAL PROPERTY TAX ABATEMENT PETITION FOR: Laura Carlson and Robert West DATE: October 28, 2014 On October 28, 2014, a petition for residential tax abatement consideration for real property located at 802 Napoleon was filed with the City Clerk by Laura Carlson and Robert West. 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 2,000 square foot single family home on a vacant lot at a cost of $300,000. The home will have three bedrooms, 2 1/2 baths along with a 2 car garage, and a finished basement. The lot size is 66' X 81 ". The house is 58' X 50'. The house is part of the Notre Dame redevelopment program to help revitalize the neighborhood. Total taxes to be abated during the (5) five -year abatement period are estimated to be $1,893. Total taxes to be paid during the (5) five -year abatement period are estimated to be $18,550. PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES JITN KAIN PAMELA C. MEYER CHRIS FIELDING DONALD E. INKS South Bend Common Council RE: Laura Carlson and Robert West October 28, 2014 Page 2 ABATEMENT QUALIFICATION 1. 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 to I.C. 6 -1.1. 12.1.1, et seg., and South Bend Municipal Code Sec. 2.76 et seq., 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): $_370 tyzk) ____. 3. The real property for which tax abatement consideration is petitioned (Property) is owned or to be owned by the following individuai(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): 4. The commonly known address of the Property is: __ _N.e 0 -t vim_ and having tax (use 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. 8. The current assessed valuation of the property before construction is _ (use additional sheet for multiple addresses). (Information may be obtained from the St. Joseph County Assessor's Office, 235. 9523). 9. List the real property taxes paid at the location during the previous two years, whether paid by the current owner or a previous owner (u e additional sheet for multiple addresses): *Loll - 43If.uo (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: $ -3 io nL (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: - - - - -- - - - -- k OYJ c 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 14. The current use of the property is -.5 A4 �_y�t s�dl _________________ and the current zoning is -X-L-- (use). (This information may be btained 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 RedevelopmenLCommissign (requiripg approval of the tax abatement by the Redevelopment Commission): 16. The following person should be contacted as the petitioner's agent regarding additional information and public hearing notifications: Name Addre, City,S Telepl E-mail WHEREFORE, Petitioner has paid the required fee of $50.00 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. Name of Property Owner(s): (Rev. 5/13/11) Lq, y-,, L.G_r4xvn By. _ G (, - (Signature) Office (Typed or printed na an ca ! X1 ? 2914 JOHN Vf Ff3 :: rr CITY CLERK, W Vi 'h ZEND, IN EXHIBIT "A" Legal Description of the Real Estate: LOT 53, EXCEPT EAST 140 FEET, SORIN'S 2ND ADDITION, SECTION 1, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA. COMMONLY KNOWN AS: 802 NAPOLEON BLVD, SOUTH BEND, INDIANA 3 N W w d N LOT 53, EXCEPT EAST 140 FEET, SORIN'S 2ND ADDITION SECTION 1, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA NAPOLEON STREET (82.5' R /W) K N15.0' I — Go H GARAGE n I F LU Zo tt O 10 HOUSE 2 ' , H IM I � I K 8.4' W L 8' 50' CL o . RATIO I D I V) n — — — E I 81.4' 1 -- I C I A e I I 5,374 SO. Ff. I (0.12± ACRES) I I I I O 15 30 =.ABONMARCHE Confidence By Design LOCATION DETAIL SCALE: 1" =100' NAPOLEON STREET (82.5' R /W) Red in ofific IMF 5' 2014 CITY= IN ------------------,-- 5 I%E! pAY I 11 70' n LEGEND 3 Architecture OA PROPOSED 15 FRONT SETBACK (PER VARIANCE) C! w O 25' FRONT SETBACK (PER CURRENT ZONING) ,6 ¢ © 6.6' SIDE YARD SETBACK (PER CURRENT ZONING) Q O 20' REAR SETBACK (PER CURRENT ZONING) O PROPOSED 8' REAR SETBACK (PER VARIANCE) O 16.5' CORNER LOT SIDE YARD SETBACK ZO (PER CURRENT ZONING) OPROPOSED 10' CORNER LOT SIDE YARD SETBACK (PER VARIANCE) — NAPOLEON STREET (82.5' R /W) Red in ofific IMF 5' 2014 CITY= IN ------------------,-- 5 I%E! pAY I 11 70' n T 574.232.8700 Manistee, Ml Community Planning F 574.251.4440 South Haven, Ml Landscape Architecture Development Services SCALE: 1 =30' BAR SCALE IN FEET Engineering Architecture 7W Lincoln Way East P Podage, IN L Land Surveying South Bend, IN 46601 B Benton Harbor, Ml Marina /Waiertront SCALE: 1 =30' BAR SCALE IN FEET r RN a - 1 y J - t 3J y, to f•� �fr i s OP -rte _