HomeMy WebLinkAboutConfirming Tax Abatement - 1329 South 29th Street - Dan GollerRESOLUTION
3745-07
Passed by the Common Council of the City of South Bend, Indiana
May 14, 20 07
Attest:
City Clerk
President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
May 15, 20 07
Approved and signed by me May 16, 2007
~~~
City Clerk
RESOLUTION NO. 3 7 ~ 5 ~ ~
A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY
RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF
SOUTH BEND, INDIANA, COMMONLY KNOWN AS
1329 SOUTH 32ND STREET
AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A
(5) FIVE-YEAR RESIDENTIAL REAL PROPERTY
TAX ABATEMENT FOR
DAN GOLLER
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 1329 South
32°a Street, South Bend, Indiana, and which is more particularly described as follows:
Lot numbered Two Hundred Ninety-Eight (298) as shown on the recorded Plat of
the Subdivision of Lot A in Fordham
and this property has Tax Key Number 18-6049-1632, 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 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 azea:
i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1-25; or
ii. aze 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 azeas 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.
2
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 (S) calendar years
from the date of adoption of the Declaratory Resolution by the Common Council.
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 seq.
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.
c
Member of the Com on Council
•PRESENTED ~' ~ ~ .. O
NOT APPROVED 4
~DOPTED S ' ~ ` `~,
F1~4t~ ~ti ~i0i'~'~ ~~fIC@
~,~A fl 2 b 2007
JC1~iPJ DOORuc
CITY GLcFK, SCE. ~E~:C, -N.
1200 COUNTY-CITY BUILDING
227 W. JEFFERSON BOULEVARD
SOUTH BEND, INDIANA 46601-1830
PHONE 574/ 235-9371
FAx 574/235-9021
TDD 574/ 235-5567
CITY OF SOUTH BEND STEPHEN J. LUECIiE, MAYOR
COMMUNITY HL ECONOMIC DEVELOPMENT
JEFFREY V. GIBNEY
EXECUTIVE DIRECTOR
March 21, 2007
Council Member Derek D. Dieter, Chairperson
Community & Economic Development Committee
South Bend Common Council
4th Floor, County City Building
South Bend, IN 46601
RE: Residential Real Property Tax Abatement Petition for:
DAN GOLLER
Dear Council Member Dieter:
Please find attached the Department of Community & Economic Development's report on a residential
real property tax abatement petition submitted by Dan Goller to build asingle-family home at 1329
South 32°d 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 propuses to
build asingle-family home at a cost of 594,000. The project meets the qualifications fora (5) five-year
real property tax abatement. The petitioner will be available to meet with the Committee on Monday,
April 9th.
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 235-5825.
Sincerely,
Sharon Terrell
Economic Development
Attachments
cc: South Bend Common Council Mem~~ers
Mayor Stephen Luecke
Jeff Gibney
Don Inks
Bob Mathia
COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT
PAMELA C. MEYER DONALD E. INKS
574/235-9660 574/235-9371
FAX: 574/235-9697
I-~in%3 ~f7 ~~~I~s e~. ~~.i:1iPi
f.1AR 2 8 ~C~1
~O;i?7 VOGRDE
CITY CLEF;~C, S0. BEND, !N.
FINANCIAL & PROGRAM
MANAGEMENT
ELIZABETH LEONARD
574/235-9371
1200 COUNTY-CITY BUILDING
227 W. JEFFERSON BOULEVARD
SOUTH BEND, INDIANA 46601-1830
PFIONE 574/ 235-9371
Fax 574/235-9021
TDD 574/ 235-5567
CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR
COMMUNITY ~L ECONOMIC DEVELOPMENT
JEFFREY V. GIBNEY
EXECUTIVE DIRECTOR
TAX ABATEMENT REPOR T
TO: SOUTH BEND COMMON COUNCIL
FROM: SHARON TERRELL
SUBJECT: RESIDENTIAL REAL PROPERTY TAX ABATEMENT PETITION FOR:
DAN GOLLER
DATE: March 21, 2007
On March 16, 2007, a petition for residential tax abatement consideration for real property located at 1329
South 32"d Street was filed with the City Clerk by Dan Goller. 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 and Economic Development 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 and Economic Development has reviewed the petition (a copy of which is
attached), investigated the area, and makes the following report.
PROJECT DESCRIPTION
Dan Goller intends to construct a new 1,440 square foot, 1 %2 story, three-bedroom, two-bath home with a
garage. The home will be built on a vacant lot in the River Park area. The size of the lot measures 44 feet
x 125 feet. The home is to be constructed on an infill lot.
The price of the home is $94,000. Total taxes to be abated during the (5) five-year abatement period are
estimated at $5,742. Total taxes to be paid during the (5) five-year abatement period are estimated at
$1,370.
COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL & PROGRAM
PAMELA C. MEYER DONALD E. INKS MANAGEMENT
574/235-9660 5741'235-9371 EuueeTH LEONARD
FAX: 574/235-9697 574/235-9371
South Bend Common Council
RE: Dan Goller
March 21, 2007
Page 2
ABATEMENT QUALIFICATION
1. A review of the tax abatements previously granted, finds that the petitioner has not been associated
with or granted any previous tax abatements.
2. The Building Commissioner has reviewed this petition and finds the properties to be properly zoned
for the proposed project.
3. A review of the redevelopment allocation areas finds that the property is not located in a Tax
Incremental Financing Allocation Area; therefore, no action is required by the South Bend
Redevelopment Commission.
4. A review of the Tax Abatement Ordinance No. 9394-03 finds that the petitioner meets the
qualifications fora (5) five-year residential tax abatement under Section 2-77.1, Single Family
Residential Construction.
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h1AR 2 8 2007
mI ^Jtv(1i~ ~~u R~ac"
Cil I 1 1sL~11~~ .cAJ. FSkl~s'~~ ~iy.
5 YEAR 21-Mar-07
DAN GOLLER
South Bend Portage Township Residential Real Property Tax Abatement Schedule*
Estimated Project Cost:
Assessed Value:
STRUCTURE (assume 85% of project cost)
LAND (assume $10,000)
Gross Assessed Value
Less Mortgage Exemption
Less Standard Homeowners Deduction
Base Assessed Value
Less Maximum Abatement Deduction
Less Non-Abated Amount
Plus Land Assessed Value
Net Assessed Value
$94,000.00
Total Taxes Tax Abated*"' Tax Paid***
79,900.00 79,900.00 79,900.00
10,000.00 N/A N/A
89,900.00 79,900.00 79,900.00
(3,000.00) (3,000.00) (3,000.00)
(35,000.00) (35,000.00) (35,000.00)
51,900.00 41,900.00 41,900.00
N/A N/A (41,900.00)
N/A 0.00 N/A
N/A N/A 10,000.00
51,900.00 41,900.00 10,000.00
Property Taxes:
Assume constant tax rate of
Gross Tax (tax rate x net assessed value)
Less SRTC: 21.6906%
Less Homestead Credit: 32.0670%
Net Tax
Net
Assessed
Year Value
5.1524% 5.1524% 5.1524%
2,674.10 2,158.86 515.24
(580.03) (468.27) (111.76)
(671.50) (542.12) (129.38)
1,422.57 1,148.47 274.10
Total
Taxes Tax Tax
Due Abated Paid
1 51,900.00 1,422.57 1,148.47 274.10
2 51,900.00 1,422.57 1,148.47 274.10
3 51,900.00 1,422.57 1,148.47 274.10
4 51,900.00 1,422.57 1,148.47 274.10
5 51,900.00 1,422.57 1,148.47 274.10
5 year totals: 7,112.84 5,742.33 1,370.51
*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 tax rates.
**Tax Abated is capped at $74,880 of assessed value of structures only and does not include land
assessed value.
***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. tt~~+~,,,p~, .•
~~1AR 2 8 2007
d4~iN VOC,r~1E
CITY C! E~X, S0. B!~3~;J, tN.
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 sea•, and South Bend Municipal Code Sec. 2-76 et sea•, for this petition states the following:
Describe the proposed construction project, including information about square footage, numbers of rooms,
amenities, 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 sheet for project description if necessary): ~ ~~
r n e h-~ ~ ... ~`~i ~ ~ L ~I. 4-O So ~,.~.R~-f-P~T. / {~ a L<.t.2~ _LJ r l l Gnu Q u. ~ ~T Oti• Q
O--F
2. Estimate the dollar value of the construction project (do not include land cost): $~~,0 OD ~°- _
3. The real property for which tax abatement consideration is petitioned (Property) is owned or to be owned by
the following individual(s) or corporations (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
~.~- a Go ~ l' @~-^ iZ D 3 .EunirGe ~~. ~o ~,J .¢-F~ lS S D~ OwnJ~1r
4. .The commonly known address of the Property is: (~ 2 9 ~ ~ =~ ~'~i-~ and having
tax key no.: f $- bo'E-9 -~ 63~ (use additional sheet for multiple addresses).
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. The current assessed valuation of the property before construction is $ 3 OOo=' (use additional sheet
for multiple addresses).
Photographs of the Property, taken within two (2) weeks of the filing of this petition, are attached hereto,
marked Exhibit "C", and incorporated herein.
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 (use additional sheet for multiple addresses):
~ z ~~~ -
10. What is your best estimate of the after completion market value of the property: $ ~S ~~ ~~
1 1. 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:
._-. ~ ~ ~, 1 r A ---
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.preve a normal development of the prop - -
a ~ / N i ~ ~ ~ o S u.) i .a•. - c,,.9 ~d' `ten ~ -t~~~T
o:.
14. The current use of the property is ~s / o~~/ ~ a L and the current
zoning is SF ~ (use) and 3 S ' (height and area).
15. The property is located in the following Allocation Area (if any) declared and confirmed by the South Bend
Redevelopment Commifsion (requiring approval of the tax abatement by the Redevelopment Commission):
16. The following person should be contacted as the petitioners agent regarding additional information and public
hearing notifications:
Name ~,sN Ge //e~
Address 20 3 EaNt~. Dr-
City, State, Zip S~a'FG. t3¢w2 ZN 466lS
Telephone s7~t--~ 9~-8Z/&
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 th qualifications for a residentially distressed area have been met, and confirm such
resolution.
Name of Property Owner(s):
~~4N C -o L r!er
Fiied In CR:'rk's Office
~~AA 1 6 2007
JOFttt VC:^v:~DE
(Signature)
~,4,~ ~ o l(~r - u c~ lu ~ K
(Typed or printed name and capacity)
2
Fx~.~d~f ~
Le.g ~ ~esc~~ `E-~.~ ~ -Fay 13.2.9 32 "-`~ S'f~~'
Lot Numbered Two Hundred Ninety-eight (298) as shown on the recorded Plat of the Subdivision of Lot A in Fordham, now
within and a part of the City of South bend, recorded April 6, 1903 in Plat Book 8, page 109, in the Office of the Recorder
of St. Joseph County, fndiana.
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