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HomeMy WebLinkAboutConfirming Tax Abatement - Robert F.& N. Maria Berger 1807 Alfton Ct. (5 Yr. Residential Property) RESOLUTIOIV 4097-11 Passed by the Common Council of the City of South Bend, Indiana April 25, 11 20 Attest: City Clerk Attest� � President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana April26, 20 11 City Clerk •�,..� Approved and signed by me Apr i 1 26, 2011 �'�^+� �-�- �. - RESOLUTION NO. �-�� �—� I A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING A CERTAIN AREA WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1807 Alfton Court AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR Robert F. & N. Maria Berger 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 1807 Alfton Court, South Bend, Indiana, and which is more particularly described as follows: Lot Number 38 Norawood Manor; and this property has T�Key Number 023-1050-3201.20, be designated as a Residentially Distressed Area under the provisions of Indiana Code 6-1.1-12.1 et se ., 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. 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 t� abatement only and is limited to five (5) 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 se . 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. Mem er of the Common Council Filed in Clerk's 03���y: APR -- � Zi�ii ' , � „��� �_��� � h,'C�T l.;�r,.�,r,�,.,p,. JOHN VOORDIt . 3 CITY CLERK,SdUTH BENI�,IN e",B�Pi%� ��ZS—�(l � �SpU TH g�,�Y p ��,1�'il���!/�� O 1200 COUNTT-CITY BUILDING �:�\..\ ��j� PHOrre 574/235-9371 227 W JEFFERSON BOULEVARD W�\PEACE �� � F� 574/235-9021 � �� �,�/ a SOUTH BEND>In���n 46601-1830 'S'� M�{y��'?L � 'a�' 1865 CITY OF SOU'I'H BEND STEPHEN J. LUECKE, MAYOR COMMUNITY $L ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY EXECUTNE DIRECTOR March 23, 2011 Council Member Timothy Rouse, 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: Berger, Robert F. & N. Maria Dear Council Member Rouse: Please find attached the Department of Community & Economic Development's report on a residential real property tax abatement petition submitted by Robert F. and N. Maria Berger to build a single-family home at 1807 Alfton Court. 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 $275,000 to $320,000. 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 11, 2011. 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 235-5835. Sincerely, ;✓� %�YZ3��'/ Bob Mathia Assistant Director, Economic Development Attachments cc: South Bend Common Council Members Mayor Stephen Luecke Jeffrey Gibney Don Inks COMMUNITY DEVELOPMENT ECONOMIC DEVELOPA4ENT FINANCIAL SC PROGRAM PAMBLA C.MHYER DONALL E.INKS MANAGEMENT 574/235-9660 5741235-9371 ELIZABETH LEONARD Fnx: 574/235-9469 574/235-9371 4SpU TH 8�,� o ,��li',i���l/i� a I2��CAUNTY-CITY BUILDING ►�`i ����\ /��d PHOrrE 574/235-9371 � �. \� ,�,, �� ., 227 W.JEFFERSOrr BoucEVnxD W ���EACE/�� � a Fnx 574/235-9021 SOUTH BEND,Ixourrn 46601-1830 �"� � ^�'�'a� � M K 1865 CITY OF SOUTH BEND STEPHEI3 j. LUECKE,MAYOR COMMUNITY HL ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY EXECUTIVE DIRECTOR TAX ABA TEMENT REPOR T TO: SOUTH BEND COMMON COUNCIL FROM: BOB MATHIA SUBJECT: RESIDENTIAL REAL PROPERTY TAX ABATEMENT PETITION FOR: BERGER,ROBERT F. & N. MARIA DATE: March 23, 2011 On March 23,2011,a petition for residential tax abatement consideration for real property located at 1807 Alfton Court was filed with the City Clerk by Robert F.&N.Maria Berger. 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 Robert and Maria Berger intend to construct an approximate 2,300 to 2,500 square foot, single-family home. The home will have eight rooms and two and one-half bathrooms. The cost of the home is expected to be between $275,000 and $320,000 (NOTE: Because petitioner is unsure of final cost we have added 12.5%to the higher value to cover any additional costs.). Total taxes to be abated during the(5)five-year abatement period are estimated to be$6,068 at the$275,000 level and$2,346 at the$360,000 level. Total taxes to be paid during the(5)five-year abatement period are estimated to be$9,310 at the$270,000 level and $17,832 at the $360,000 level. It should be noted that there is an existing residential tax abatement on 1807 Alfton Court that was granted COMMUN[TY DEYELOPMENT ECONOMIC DEVELOPMENT FINANCIAL HZ PROGFiAM PAMELA C.MEYER DONALD E.INKS MANAGEMENT 574/235-9660 574/235-9371 ELIZABETH LEONARD Fnx: 574/235-9469 574/235-9371 South Bend Common Council RE: Berger, Robert F. &N. Maria March 23, 2011 Page 2 through Confirming Resolution Number 3644-06 on September 25, 2006. The abatement was granted to ROJO Development, Incorporated which we understand is no longer in business. The applicants do not expect to complete the construction of their home before the current abatement expires on September 10, 2011. For this reason they have submitted a new application. 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 South Bend Redevelopment designation areas finds that the property is not located in a Tax Incremental Allocation Area; therefore, approval of the tax abatement petition by the South Bend Redevelopment Commission is not required. 4. 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.