190Fe5C9 Gaddy Survey Email 7.25.24 2¶
| Field | Value |
|---|---|
| Category | Correspondence > Attorney-to-Attorney |
| Confidence | high |
| Reason | Email from surveyor Frank Gaddy to attorney Brett Ledermeier regarding survey work and court ruling implications |
| Original File | 190fe5c9_gaddy_survey_email_7.25.24_2.pdf |
| File Type | |
| Source | gmail-export |
Document¶
Full Text (OCR)
7/27/24, 8:46 AM
Gmail - 2740 Grove St NE, Brookhaven, GA 30319 - Gaddy Survey Estimate
ad Gmail
Sarah szeeman@gmail.com
2740 Grove St NE, Brookhaven, GA 30319 - Gaddy Survey Estimate Frank Gaddy frank@gaddysurveydesign.com
Thu, Jul 25, 2024 at 9:16 AM
To: Brett Ledermeier bledermeier@mmatilaw.com, Joy Cooper joy@gaddysurveydesign.com, Al Ansley al@gaddysurveydesign.com
Cc: "szeeman@gmail.com" szeeman@gmail.com, "jeffsbanks@hotmail.com" jeffsbanks@hotmail.com
Mr. Ledermeier,
Please call me on the cell phone when you have a few minutes to update me what has occurred in the courts regarding this project (I will be back in the office after 11:30 am).
The owner sent me the following:
*Moving the line - 2 feet 8 inches * Mr Ledermeier Apologies for typos, typing from my phone
On Sat, Jul 13, 2024 at 1:24PM Sarah Zeeman szeeman@gmail.com wrote: Hi Frank,
This 2746 and 2740 and it a Dekalb court order to move the property line. There is nothing weird about the move of the property line 2.8 Inches. This not for a subsivion or redesigning of a neighborhood.
It is my understanding the new survey is being paid for by the Title company and Mr. Ledermeiser will confirm if that is correct.
If there is a court ruling, | will need to reference such on the lot reconfiguration plan. Unfortunately, the change to the State Plat Act around 2014 gives the local jurisdiction authorization in changes to property lines prior to recording. Legally, as an attorney, you could deed a portion of one lot to the other lot; however, when either lot submits for any type of permit — Linda Abaray, Planning & Community Development Director would require the lot reconfiguaration plat to be reviewed and approved before allowing the permit were allowed to be issued. We have suffered from this requirement in similar situations. The main difference is the court ruling in this situation — It would be hard for the City of Brookhaven to take a stance that would be opposite of the Superior Court. Technically, both property owners would need to sign the plat — 1 am wondering if | could structure the plat in such a way that would indicate the court ruling in lieu of the owner’s signature block. Of course, if both parties are amenable to signing the plat — this would be of no concern. Regarding Ms. Zeeman’s comments, the city considers this type of review as a minor subdivision plat or “Lot Reconfiguration Plat” as we title the drawing. The city’s main emphasis is that the minimum zoning standards are not decreased or that any degree of non-conformity is not increased.
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Gmail - 2740 Grove St NE, Brookhaven, GA 30319 - Gaddy Survey Estimate
7/27/24, 8:46 AM Al,
Also, remember that DeKalb County We will need to update the cost for Mr. Ledermeier to survey both lots. GIS requires topographic information to be included on the existing conditions sheet or they will not approve their portion of the review.
Frank Gaddy
Gaddy Surveying & Design, Inc. (M) 678-873-0391
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