06-08-09 Common Council Meeting Agenda & Packet

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South Bend Common Council RE: Cleland Builders, Inc. (Jade Crossing -Section I, Lot # 77) May 22, 2009 Page 2 Common Council on September 8, 2008 (Resolution #3902-08). Lang Feeney & Associates Feeney, agent for Cleland, agreed to the deletion. Afterwards, Lang Feeney informed the CED Department that the house on Lot # 77 was used as a model home and sales office by Cleland Builders which prevented it from being sold and the new owner applying for an abatement during the term of the first RDA designation. The petitioner is now requesting a tax abatement for the property identified as Lot # 77 and is also requesting a waiver of the building permit precondition. The Building Department has also informed the CED Department that a final inspection of the house on Lot # 77 was completed in January, 2008. Several deficiencies were noted in that inspection and, therefore, a Certificate of Occupancy was withheld pending resolution of the issues. To date, the petitioner has not contacted the Building Department to re-inspect the house and issue the Certificate of Occupancy. The Building Department has requested that if the petition for tax abatement is considered by the Common Council its approval is made conditional on the deficiencies being corrected and a Certificate of Occupancy issued for the dwelling. The house on the property is constructed for single family use and contains 1604 square feet, four bedrooms, two and one-half bathrooms, a family room and a dining room. It has an attached 2-stall garage and a basement. The cost of the home is $137,000. Total taxes to be abated during the (5) five- year abatement period are estimated at $6,622. Total taxes to be paid during the (5) five-year abatement period are estimated at $1,940. The Petitioner has informed us that they currently have an offer on the house and it is contingent on the tax abatement being given. ABATEMENT QUALIFICATION 1. A review of the tax abatements previously granted finds or been granted the following previous tax abatements. Term/Type Resolution No. 5-year real property 3205-03 5-year real property 3353-04 5-year real property 3518-OS 5-year real property 3902-08 that the petitioner has been associated with Date June 23, 2003 July 12, 2004 September 12, 2005 September 8, 2008 2. The Building Commissioner has reviewed the petition and finds the property to be properly zoned for the proposed project. However, as noted above, the Commissioner found that Lot # 77 already has a building permit issued for it and a house constructed on it.