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South Bend Common Council <br />RE: Cleland Builders, Inc. (Jade Crossing -Section I, Lot # 77) <br />May 22, 2009 <br />Page 3 <br />3. A review of the South Bend Redevelopment designation areas finds that the property is not located <br />in any of the development areas; therefore, approval of the tax abatement petition by the South Bend <br />Redevelopment Commission is not required. <br />4. A review of the Tax Abatement Ordinance No. 9394-03 found that if the building permit had not <br />been issued, the petition would have met the qualifications fora (5) five-year residential tax <br />abatement under Section 2-77.1, Single Family Residential Construction. In considering the <br />Petitioner's request the Common Council may want to take into account the Building Department's <br />request as noted above. To do this and at the same time keep the review process moving forward the <br />Council could approve the waiver request and the Declaratory Resolution but withhold approval of <br />the Confirming Resolution pending the submission of evidence by the Petitioner that all deficiencies <br />have been corrected and a Certificate of Occupancy issued by the Building Department for the <br />dwelling. <br />