HomeMy WebLinkAboutConfirming Tax Abatement - 915 N. Notre Dame Ave. - Thomas and Shannon GuinanRESOLUTION
3590-06
Passed by the Common Council of the City of South Bend, Indiana
May 22, 06
20
Attest:
r
City Clerk
President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
May 23, 20 06
Approved and signed by me
May 25
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20~.(i .
City Clerk
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RESOLUTION NO. 3 S ~ D ` 0 S°
A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY
RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF
SOUTH BEND, INDIANA, COMMONLY KNOWN AS
915 NORTH NOTRE DAME AVENUE
AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A
FIVE (5) YEAR RESIDENTIAL REAL PROPERTY
TAX ABATEMENT FOR
THOMAS AND SHANNON GUINAN
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 915 North Notre
Dame Avenue, South Bend, Indiana, and which is more particularly described as follows:
E'/Z Lot 128 Sorin's 2°d Addition
and this property has Tax Key Number 018-5107-3782, 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 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. 8845-97, which was passed on
December 8, 1997:
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.
2
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.
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Member of the Commo Council
PPcS.ti! i LD S -ZZ~~tO
NOT APPe.O~'ED
%~DOPTED S -ZZ~
Filed to Clerk's Office
t'. ~~,Y - 3 2006
JC~'I YGCf<^vE
CITY CLEFiI:, S0. EtEPdC, IN.
1200 ~.OUNTY-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. LUECKE, MAYOR
COMMUNITY HL ECONOMIC DEVELOPMENT
SHARON T. KENDALL
EXECUTIVE DIRECTOR
April 18, 2006
Council Member Roland Kelly, 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:
Thomas and Shannon Guinan
Dear Council Member Kelly:
Please find attached the Department of Community & Economic Development's report on a residential
real property tax abatement petition for Thomas and Shannon Guinan to build a single family house at
915 North Notre Dame Avenue. 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 house at a cost of $380,000. The project meets the qualifications for five (5) year
real property tax abatement. The petitioner will be available to meet with the Committee on Monday,
May 8, 2006.
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 235-5826.
Sincerely,
2~~, ~rr
Bob Mathia
Assistant Director,
Economic Development
Attachments
cc: South Bend Common Council Members
Mayor Stephen Luecke
Sharon Kendall
Don Inks
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COMMUNITY DEVELOPMENT' ECONOMIC DEVELOPMENT
PAMELA C. MEYER DONALD E. INKS
574/235-9660 574/235-9371
Fax: 574/235-9697
FINANCIAL HC PROGRAM
MANAGEMENT
ELIZABETH LEONARD
574/235-9371
1200 COUNTY-CITY BUILDING
227 W. JEFFERSON BOULEVARD
SOUTH BEND, INDIANA ~-16601-IH3O
PHONE 574/ 235-9371
FAx 574/235-9021
TDD 574/ 235-5567
CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR
COMMUNITY ~ ECONOMIC DEVELOPMENT
SHARON T. KENDALL
EXECUTIVF. DIRECTOR
TAX ABATEMENT REPOR T
TO: SOUTH BEND COMMON COUNCIL
FROM: ROBERT MATHIA
SUBJECT: RESIDENTIAL REAL PROPERTY TAX ABATEMENT PETITION FOR:
THOMAS AND SHANNON GUINAN
DATE: April 18, 2006
On Apri118, 2006, a petition for residential tax abatement consideration for real properties located at
915 North Notre Dame Avenue was filed with the City Clerk by Thomas and Shannon Guinan. Pursuant to
Chapter 2, Article 6, Section 2-77 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
Thomas and Shannon Guinan are preparing to build a new home on the property listed above. They
will construct a new eight room home there. The home will be approximately 2,800 square feet and have a
basement. The cost of the home will be approximately $380,000. The Guinan's plan to complete
construction of the home by the end of 2006.
COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL AC PROGRAM
PAMELA C. MEYER DONALD E. INKS MANAGEMENT
5741235-9660 574/235-9371 ELIZABETH LEONARD
Fax: 574/235-9697 574/235-9371
South Bend Common Council
RE: Thomas and Shannon Guinan
April 18, 2006
Page 2
ABATEMENT QUALIFICATION
1. A review of the tax abatements previously granted finds that Thomas and Shannon Guinan have not
been associated with 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 South Bend Redevelopment designation areas finds that the property is located
in the Northeast Neighborhood Development Area, which is a Tax Increment Allocation Area;
therefore, the petition for real property tax abatement must first be approved by the South Bend
Redevelopment Commission.
4. A review of the Tax Abatement Ordinance no. 8065-90, as amended by Ordinance No. 8854-97,
finds that the petitioner meets the qualifications for a five year residential tax abatement under
Section 2-77.1 (Single Family Real Property Abatement).
5 YEAR
18-Apr-06
THOMAS AND SHANNON GUINAN
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:
$380,000.00
Total Taxes Tax Abated** Tax Paid***
323,000.00 323,000.00 323,000.00
10,000.00 N/A N/A
333,000.00 323,000.00 323,000.00
(3,000.00) (3,000.00) (3,000.00)
(35,000.00) (35,000.00) (35,000.00)
295,000.00 285,000.00 285,000.00
Base Assessed Value:
Less Maximum Abatement Deduction:
Less Non-Abated Amount:
Plus Land Assessed Value:
Net Assessed Value:
Property Taxes:
Assume constant tax rate of:
Gross Tax (tax rate x net assessed value)
Less SRTC (21.6113%):
Less Homestead Credit (24.3982%):
Net Tax:
295,000.00 285,000.00 285,000.00
N/A N/A ($74,600.00)
N/A (210,400.00) N/A
N/A N/A 10,000.00
295,000.00 74,600.00 220,400.00
4.89060% 4.89060% 4.89060%
14,427.27 3,648.39 10,778.88
(3,117.92) (788.46) (2,329.46)
(2,759.28) (697.77) (2,061.51)
8,550.07 2.162.16 6,387.91
Net Assessed Total
Year Value Taxes Due Tax Abated Tax Paid
1 295,000.00 8,550.07 2,162.16 6,387.91
2 295,000.00 8,550.07 2,162.16 6,387.91
3 295,000.00 8,550.07 2,162.16 6,387.91
4 295,000.00 8,550.07 2,162.16 6,387.91
5 295,000.00 8,550.07 2,162.16 6,387.91
5 year totals: 42,750.35 10,810.80 31,939.55
*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 $74,600 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 $74,600 and adding
back the land assessed value.
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 Cityof South Bend for Residential Real Property tax abatement consideration and pursuant to I.C.,
6-1.1-12.1-1, et seq., and South Bend Municipal Code Sec. 2-76 et sea.' for this petition states the following:
2. Estimate the dollar value of the construction project (do not include land cost): $ 3~0~ ~o ___
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
-({~o,-nas and Shan„on Guinan 5o~3ro Sfone l-F,l! C~ Grlinue~ ZevY6S3o ~wne~
4. .The commonly known address of the Property is:rj I ~- ~, A1vFK /~~ ~vt and having
tax key no.: l ~ S log 3 78~ (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 $ 7 ~ i ~Da (use additional sheet
for multiple addresses).
8. 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):
~ 3 , tots a7 (Ani~e~sl~ t~ A1okt ~a+rtC dc• Lac C 2003 fax w-~t'~+f .10~`i~
hate l awl
10. What is your best estimate of the after completion market value of the property: $ 3 ~o~ o~ ~ a-tsa~
~~o7,soa
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):
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:
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 othe_ r factors which have impaired
values and prevent a normal development of the property:
14.
15
16. The following person should be contacted as the petitioners agent regarding additional information and public
hearing notifications:
Name ~ ~vo/~
Address /o~^ s~vn 1•fovm~ ~y asrl Lth~nsfoNe Cf
City, State, Zip Coro .e,r' -LN yfos3o
Telephone (~ ~'+~ ~ -o64s6
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.
~~~~,0 Name of Property Owner(s):
~ _
G~~~~-~ I ~wvn~s J • G~t~n~rn
'~ y
QQ~ oti ~. (Signature)
C~'~~;..
J ~~ S~ Ttiorrtai T, GK%n~ . diurte~
G,~^t~~Fr (Typed or printed name and capacity)
2
The current use of the property is QQStc~t(ta.l and the current
zoning is SFa. (use) and 3s'-yo' (height and area).
y o0o s~. Fd-.
The property is located in the following Allocation Area (if any) declared and confirmed by the South Bend
Redevelopment Commission (requiring approval of the tax abatement by the Redevelopment Commission):
Report
. EY~~b;k Q
Search For St. Joseph Parcels: Report
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PARCELID 18-5107-3782
TAX_FRONT
TAX_AC RE
TAX HOUSE 915
TAX HOUSE 915
TAX OWNER UNIVERSITY OF NOTRE DAME DU LAC
PROP ADDR 915 NOTRE DAME AV
PROP ZIP 46617
PROP ZIPS
TRAN_TAX
TAX UNIT 18
PARCEL 1 5107
PARCEL 2 3782
UNIT NAME SOUTH BEND -PORTAGE
PAY YEAR 2006
NAME 1 UNIVERSITY OF NOTRE DAME DU LAC
NAME_2
NAME_3
STREET 103 HURLEY HALL
ZIP 46556
ZIP SUFFIX
TRANS DATE 4/25/1997
TRANS REF WD 1961
LEGAL 1 E 1/2 LOT 128
LEGAL 2 SORINS 2ND ADD
LEGAL 3
LEGAL_4
LEGAL_5
LEGAL_6
SPLIT CODE C
SPLIT UNIT 18
SPLIT PRCL 0051073782
CREATE YR 1971
MAP REF 8-1 D
PROP_TYPE R
HIGH VALUE '"''~~''°'''
~~`~'ti. ~,,r,t4y~v N
~,~h
TIF_AREA .
~1~'~~ j~ e,a~.t"i ~~ ~ 115 .
TIF
ASSESS 0
_
TIF AREA_D APR 1 8 2~0~
COMMUNITY 510
ZONE 0
JO~tI VOORO
IN
ADV COUNT `t~0,
.
C~( CLtiRY`~ SQ' 8° 0
LAST ADV
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Report
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TXSALE FLG N
TXSALE_AB
LAND VAL 11300
RES LAND 0
IMPROV VAL 68400
RES IMPROV 0
O LAND VAL 11300
O IMPROV 68400
ASSESS DAT 3/1/2003
ASSESS SRC I
ASSESS REM GENERAL REVALUATION
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