HomeMy WebLinkAboutDesignating Tax Abatement - Robert & Catherine Kossler 1020 Saint Peter St. (5 Year Real Property)Attest
RESOLUTION
4352 -14
Passed by the Common Council of the City of South Bend, Indiana
April 28,
14
20 .
Presented by me to the Mayor of the City of South Bend, Indiana
April 29, 20 14
City Clerk
President of Common Council
Approved and signed by me APO I L 247 20 /*.
City Clerk
ilie'�II
RESOLUTION NO. -1 3 S_-"(
A RESOLUTION OF THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND DESIGNATING A CERTAIN AREA WITHIN
THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS
1020 Saint Peter Street
AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A
(5) FIVE -YEAR RESIDENTIAL REAL
PROPERTY TAX ABATEMENT FOR
Robert and Catherine Kossler
WHEREAS, a Statement of Benefits and a petition for residential real property tax abatement
have been submitted to and filed with the City Clerk for consideration by the Common Council
of the City of South Bend, Indiana, requesting that the area commonly known as 1020 Saint
Peter Street, South Bend, Indiana, and which is more particularly described as follows:
THAT PART OF THE NORTHWEST QUARTER SECTION 1, TOWNSHIP 37 NORTH,
RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY,
INDIANA, WHICH IS DESCRIBED AS LOT `B" AS SHOWN ON THE PLAT OF "SORIN'S
SECOND SUBDIVISION SIXTH REPLAT" RECORDED JUNE 13TH, 2012 IN THE OFFICE
OF THE ST. JOSEPH COUNTY, INDIANA RECORDER AS INSTRUMENT NO. 1217687.
CONTAINING 0.17 ACRES MORE OR LESS
SUBJECT TO ALL LEGAL RIGHT —OF -WAYS, EASEMENTS, AND RESTRICTIONS OF
RECORD.
and this property has Tax Key Number 018 -5104 -3651, be designated as a Residentially
Distressed Area under the provisions of Indiana Code 6 -1.1 -12.1 et se q., and South Bend
Municipal Code Sections 2 -76 et se q., and;
WHEREAS, the Department of Community Investment has concluded an investigation
and prepared a report with information sufficient for the Common Council to determine that the
area qualifies as a Residentially Distressed Area under Indiana Code 6 -1.1 -12.1, et sec., and
South Bend Municipal Code Sections 2 -76, et seq., and has further prepared maps and plats
showing the boundaries and such other information regarding the area in question as required by
law; and
WHEREAS, the Community Investment Committee of the Common Council has
reviewed said report and recommended to the Common Council that the area qualifies as a
Residentially Distressed Area.
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- I.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;
2
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 determines and finds that the proposed described
redevelopment can be reasonably expected to yield benefits identified in the Statement of
Benefits and the petition for real property tax abatement consideration and that the Statement of
Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction
granted under Indiana Code 6 -1.1- 12.1 -3.
SECTION V. The Common Council hereby accepts the report and recommendation of the
Community Investment Committee that the area herein described be designated as a
Residentially Distressed Area and hereby adopts a Resolution designating this area as a
Residentially Distressed Area for purposes of real property tax abatement.
SECTION VI. The designation as a Residentially Distressed Area shall be limited to five (5)
calendar years from the date of the adoption of this Resolution by the Common Council.
SECTION VII. The Common Council hereby determines that the property owner is qualified for
and is granted property tax deduction for a period of five (5) years.
SECTION VIII. The Common Council directs the City Clerk to cause notice of the adoption of
this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana
Code 5 -3 -1 and Indiana Code 6- 1.1- 12.1 -2.5, said publication providing notice of the public
hearing before the Common Council on the proposed confirming of said declaration.
SECTION IX. Pursuant to Indiana Code 6 -1.1- 12.1 -2, the rehabilitation must meet all local code
standards for habitability as a specific condition of having such property designated as a
residentially distressed area.
SECTION X. This Resolution shall be in full force and ef ect f in and of r�i adoption by the
Common Council and approval by the Mayor. f`�
PRESENTED�Lg�l�
NO.S APPROVED
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JOHN V00-DE
C17Y CLEW", REND, IN