HomeMy WebLinkAboutPacket for HO 03-27-23 3 Season Porch
Addition
12517 Brompton Rd
Carmel , In
Statement of Request
We would like permission for a Variance Clearance to add a Three
Season Porch to the back of our home. We need approximately
three feet.
Statement of Support
Building the porch will add square footage to our two
bedroom home increasing the value of the property. We
would be eliminating a step down to the current patio
which is cracked, uneven and unstable to walk on. The
addition will help cover where a doggie door entrance was
installed by previous owner through the exterior wall. We
have approval from the Brookshire Village HOA and the
current residents to the adjacent properties. Many homes
in our subdivision have smaller lots yet larger square
footage than ours. Even with our addition the square
footage of our home will be smaller than other homes in
our subdivision. Several of these homes with room
additions are closer than the 20 ft setback.
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Brookshire Village Resident
Article X of the Brookshire Village Covenants regarding Architecturalt Architectural control re i requires
that all
exterior addition to, change or alteration be presented to the
writing before any work begins.
The request must include the nature kind shape,
height,
exterior materials d siding andor fr s andt
location of the project. This includes but is not limited
to paint color
All new and replaced fence must be approved by the Architectural Director Also roofing
replacement must be approved Such plans and specifications must elude the color
an
d
composition of all exterior materials proposed to be used and any pro pude
The following information must be provided to begin the process Additional information
may be requested before approval can be granted
Architectural Approval Request
Date
Submitted 12-05-2022
Owner's Printed Name:
Daniel Strader
Property Address
12517 Brompton Rd
Work Requested:
Painting:
Siding
replace
Color:
Castlemore
Trim
Color
Front Door:
Color
Garage Door: Replacement or Paint
Color
Roofing:
Type
Color
Fence Style
Color
Height
Location
Landscaping: Location
letalen a Is
Removal date
Pods& Dumpsters: Delivery date
Deliver to: John Ramsbottom Architectural Director
12325 Brorrpton Road Carmel In 48033
(317) 581-1028
Approved
ONN,
Notes
NZ*Approved
f.at
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11.11
ND I AO
AFFIRMATION OF NOTIFICATION
Homeowner's Association and/or Architectural Control Committee
Permit Number* B-2023-00046
Example B-2023-01234
Subdivision Name* Brookshire Village
Address Street Address
12517 Brompton Rd
Address Line 2
City State/Province/Region
Carmel In
Postal/Zip Code
46033
Type of New Structure
Improvement* Addition-Room
Addition-Deck
Accessory Structure
Solar Panels
Swimming Pool
Please Check One* A Homeowner's Association and/or Architectural Control Committee does not exist for
this subdivision.
The Homeowner's Association and/or Architectural Control Committee for this
subdivision is inactive.
The Homeowner's Association and/or Architectural Control Committee for this
subdivision has been notified and has approved the construction plans I am submitting
for building permit approval.
HOA Approval Please up!oad H OA approval latter or document
Strader Change Request and Drawings 12-6-
1.41MB
22_000026.pdf
Date 1112/2023
Signature*
Signature of Owner or Authorized Agent
CONSENT TO ENCROACH
THIS CONSENT TO ENCROACH(hereinafter the"Agreement")is entered into by and between Strader,Daniel P& EIizabeth h&w,
12517 Brompton Rd, Carmel, Hamilton County, Indiana 46033, (individually and collectively, "Owner"), and the City of Cannel,
Hamilton County, Indiana,by and through its Board of Public Works and Safety("City").
WITNESSETH:
WHEREAS, Owner owns in fee simple Lot 71 ("Lot") in BROOKSHIRE VILLAGE, section 2, which is located within the
corporate limits of the City of Carmel, Indiana("Subdivision"), which real estate is more particularly described in Exhibit A, attached
hereto and incorporated herein by the reference;and
WHEREAS, the official plat of the Subdivision was recorded in PB 7 PG 64-65, Instrument Number 8143 in the Office of the
Hamilton County Recorder on 10/24/1978,as BROOKSHIRE VILLAGE,section 2(the"Plat");and
WHEREAS,the current Owner wishes to install a 3 season room on the Lot(the"Site Improvement");and
WHEREAS, Owner has given the City a sketch ("Sketch") depicting the location of the Site Improvement on the Lot, a
copy of which is attached hereto and incorporated herein by this reference as Exhibit B;and
WHEREAS, the Site Improvement will be constructed on portions of the Lot designated as 15-foot Drainage and Utility
Easement,identified as"15'D.&U.E."on Exhibit B(the"Easement");and
WHEREAS,the Easement is beneficial to the City and its residents;and
WHEREAS, as indicated on the Sketch, the Site Improvement will encroach (the "Encroachment") upon the Easement,
which Encroachment is crosshatched on Exhibit B;and
WHEREAS, City of Carmel Board of Public Works and Safety approves the Owner's request for a variance from
Cannel City Code Section 6-227(4);and
WHEREAS,Owner and City acknowledge the location of the Encroachment;and
WHEREAS, Owner acknowledges that this Agreement does not imply any approval of existing or future improvements
not indicated by Owner on Exhibit B;and
WHEREAS, the location of the Site Improvement as indicated by the Owner on Exhibit B should not materially
interfere with the City's use of the Easement.
NOW,THEREFORE, for and in consideration of the mutual covenants and agreements contained herein and
other good and valuable consideration,the sufficiency and receipt of which are hereby acknowledged,the
parties mutually promise,agree and covenant as follows:
1. The foregoing preambles,recitations and definitions are made a part hereof as though such were fully
set forth herein.
2. The City consents to the Encroachment for only so long as
(i)the Encroachment exists; and
(ii)Owner complies with all of the terms and provisions of this Agreement.
3. Owner covenants and agrees not to extend,increase,modify,alter,landscape,reconfigure or otherwise
change the Site Improvement from what is depicted on Exhibit B,and to maintain the Site Improvement in
good condition and repair.
4. Owner agrees that City shall have the right to remove any portion of the Site Improvement as City deems
necessary,in City's sole discretion,to install,protect and/or repair any utility lines,sewer lines or drainage
ditches located in the Easement,or for any other lawful purpose,and that,should the City take such action,the
City shall incur no obligation to repair,replace or reimburse Owner for the cost of any damages thereby caused
to the Site Improvment,the Lot,or to Owner
5. Owner agrees and acknowledges that the City's consent to encroach upon the Easement,as provided in this
instrument,regards the City's Easement interests only,and does not constitute permission or authority for the
Owner to otherwise enter on,in,under,over,or upon the property interests of any other person without that
person's consent even if such property interests are also located within the Easement.
6. Owner agrees to indemnify and hold harmless City,its officers,officials,members,employees,invitees,
licensees and agents,from and against any and all losses,liabilities,damages,claims,judgments,attorney fees
and costs arising from any bodily injury and/or death,and from any destruction or damage to any property or
improvements,located on the Lot,or otherwise,and/or for any failure of proper disclosure pursuant to
Paragraph 12 hereof,which results directly or indirectly from any act of Owner,its employees,contractors
and/or agents in,on,under,across or to the Easement.
7. Owner agrees to reimburse City for any and all costs and expenses incurred by City to replace or repair any
damage to the Easement and any improvements located therein caused by the installation,construction,
maintenance and/or operation of the Site Improvement.
8. The parties agree that the terms of this Agreement shall be binding upon and inure to the benefit of their
respective heirs,administrators,successors and assigns.
9. The parties executing this Agreement represent and warrant that they are authorized to enter into and execute
this Agreement for and on behalf of the party which they represent.
10. This Agreement shall be effective as of the date on which it is last executed by a party hereto.
11. The Owner agrees to provide full disclosure of this Agreement to all persons,entities and others who acquire
by or through Owner any interest in the Lot on and after the effective date of this Agreement.
12. Owner agrees not to alter the ground surface elevation within the limits of the easement at any time.
13. Owner agrees to remedy any drainage problems or issues,saturated soil or standing water on the Lot or
adjacent properties determined by the City to be resulting from the Encroachment.
"OWNER"
PROPERTY OWNER PROPERTY OWNER
Printe Name Printed Name
Signature 2 Si ture
re
Date: (-�2-V �✓ Date: �,44/42<3
STATE OF INDIA A )
(� )SS:
COUNTY OF G � dC -�
Before me,a Notary Public in and for said County and State,personally appeared plajJ Acirgg/i4d.0(
by me known,and who acknowledged the execution of the foregoing"CONSENT TO ENCROACH'as his or
her voluntary act and deed. (�
Witness my hand and Notarial Seal this day of t' 11-CJ ,20 Z3
My Commission Expires: ARY PUBLIC
(O/z 724 ' Lakki � C—V,2
Punted Name
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