HomeMy WebLinkAboutAffidavit of Karen Hyde French u -LS -lI
STATE OF INDIANA
SS:
COUNTY OF MARION
AFFIDAVIT OF KAREN HYDE FRENCH
COMES NOW KAREN HYDE FRENCH "Affiant and after being duly sworn upon
her oath, hereby deposes and states as follows:
1. Affiant is a resident of Marion County, Indiana, and over the age of eighteen (18)
years.
2. Affiant is a licensed real estate sales person, and has extensive experience
representing buyers and sellers of so- called "high -end real estate" in both Marion County and
Hamilton County in the state of Indiana.
3. Affiant has extensive experience with respect to the purchase and sale of homes in
the general area of 86 Street north to 131 Street, between Michigan Road and US 31 North,
and in particular in the neighborhoods of Laurelwood, Winterwood, Coppergate, and certain
surrounding areas such as Hussey Lane, Jumper Lane, and Estancia.
4. Affiant has visually observed the barnlike structure (the "Barn") located on the
south end of the property commonly referred to as 10596 Jumper Lane, a photocopy of which is
attached hereto as Exhibit A and incorporated herein by this reference (the "Bowen Property
The Affiant understands that under the City of Carmel Zoning Code, the maximum height
permitted for a structure such as the Barn is 18 feet. Affiant understands that the height of the
Barn is actually 40 feet to the peak.
5. Affiant has observed the Barn from various homes and roads in the general
vicinity of the Bowen Property. In particular, Affiant has observed the Barn from the rear and
side yards of the home and surrounding property owned by Joseph and Charlene Barnette,
situated at 1027 Laurelwood, in the Laurelwood Subdivision, Carmel, Indiana (the "Barnette
Property
6. It is Affiant's experience and opinion that purchasers of homes in the vicinity of
the Bowen Property and, in particular those living in Laurelwood, select their homes and the lots
related thereto based on her ability to screen and provide privacy for the use and enjoyment of
their respective homes. The existence of the Barn on the Barn property, at a height in excess of
18 feet, is such that it cannot be effectively screened from the Barnette Property and, as a result,
visually encroaches thereon and consequently diminishes the value of the Barnette Property.
7. While it is impossible to know the exact diminution in value that the excessive
height of the Barn causes to the Barnette Property, my opinion is that it is in the five to fifteen
percent range. While I have not fully evaluated the market value of the Barnette Property, I am
confident that it is well in excess of $2,000,000. As such, I estimate the impact on the Barnette
Property resulting from the fact that the Barn exceeds 18 feet and otherwise visually impairs the
use and enjoyment of the Barnette Property to be not less than $100,000. More importantly, in a
residential real estate market as that which exists today, the existence of the encroachment by the
height of the Barn on the Bowen Property can be the single reason a prospective buyer elects not
to buy the Barnette home.
FURTHER AFFIANT SAITH NOT.
4 -1/itr4
Kare yde French
STATE OF INDIANA
SS:
COUNTY OF 1
Befor a Notary 'ublic in and for said County and State, personally appeared Karen
Hyde Fze4ittlil4dcnowledged the execution of the foregoing Affidavit.
Q 1
I d Notarial Seal this I Q day of April, 2011.
$EAR• i
PUMA 4 Zi Tj
Signature
si+O Y r;I 7 4—
P ri ri ted N. me Notary Public
nn
My Commission Expires:cD -10-..a(.)14,0 County of Residenc 11
2
I/2608139.1