Sat 13 Jul 2024 13 24 00 0400 Re 2740 Grove St Ne Brookhaven Ga 30319 Gaddy Survey Estim 190Ad1F8 2¶

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.



On Sat, Jul 13, 2024 at 12:12 PM Frank Gaddy <frank@gaddysurveydesign.com>
wrote:

> Mr. Ledermeiser,
>
>
>
> Based on the location of the property, I assume that you are talking about
> a survey for both #2740 and # 2746 Grove Street with a minor subdivision
> plat to change the property lines between the two properties. Every
> jurisdiction has their unique peculiarities – The City of Brookhaven and
> DeKalb County are no different. The City of Brookhaven will review to
> ensure that both lots do not fall below minimum zoning requirements.
> Usually, if you are not increasing the degree of non-conformity everything
> will go smoothly on their review for the minor subdivision plat or “lot
> reconfiguration”  plat. Let me know, if you know something different for
> these properties – I see a straight RS-50 zoning: 6000 s.f. minimum lot
> size, 5’ side setbacks, 30’ rear yard, front yard – 5’ for the corner lot
> and setback averaging for the adjacent lot, and 35% maximum lot coverage. I
> do not have exact existing lot square footages – based on the measurement
> tool on the county GIS map – you do not have a lot of area that can be
> acquired legally by #2740 Grove Street – approximate lot area for #2740 is
> 6800 s.f.+/- and # 2746 is 6450 s.f. +/- (so legally you could move
> approximately 450 s.f. from #2746 to # 2740). You also will not be able to
> move the property line if either building becomes less than 5 feet from the
> side property line or creates and encroachment for an existing hardscape
> item (these can always be moved by a land disturbance permit). The city
> will require the existing and proposed lot coverage calculations to ensure
> that the lot coverages do not exceed 35%.
>
>
>
> Please let me know, if you are not talking about the lot next door at
> #2746 Grove Street and instead the lot to the rear at # 2733 Osborne Road.
> This would complicate matters exceedingly due to the lot being in a
> different Zoning District (RS-100), the lot containing a land locked parcel
> and two separate structures with different addresses on a single parcel.
> The city would require all this to be straightened out – which would most
> likely require a rezoning and variances to be obtained. Also, an
> interesting point – A longtime friend owns a parcel on Osborne Road. We did
> multiple surveys for him for properties on Osborne Road, Grove Street, and
> Kendrick Road. He and his neighbors applied for rezoning on the Osborne
> Road properties prior to the creation of the City of Brookhaven – DeKalb
> did not want to rezone the property – so DeKalb created an Overlay District
> to give the owners the setback reductions that they were desiring. This is
> the only Overlay District that was created by DeKalb County in the City of
> Brookhaven that is not honored by the city.
>
>
>
> Unfortunately, DeKalb County is the most broken jurisdiction in the state
> and their GIS department also requires review and approval on the minor
> plat before they will allow the plat to be recorded. The DeKalb County GIS
> department requires topographic conditions to be shown on what they require
> as the existing conditions sheet. This sheet is immediately superseded by
> the next sheet of the lot line change. In DeKalb County this “should be”
> simple plat is a three-sheet plat: cover sheet, existing conditions sheet,
> and lot reconfiguration sheet.
>
>
>
> Please confirm which lot is the additional lot to be surveyed and I will
> get the proposal updated accordingly to include both lots, legal
> descriptions, and minor subdivision plat. GSD does not provide permitting
> services, if you need a recommendation for a permit expeditor – we can
> refer several that are familiar with both the City of Brookhaven and DeKalb
> County process. Also, will billing be through McLain – Merrit or through
> the property owner for the proposal for professional services? I believe it
> was the 2016 changes to the Plat Act by the State General Assembly that
> created the specific/additional rights of the local jurisdiction for
> approval to any lot line changes – the surveyor is guilty of a
> “misdemeanor” for creating a plat in non-compliance of the local
> jurisdiction’s approval process – hence the reason for applying one of the
> four different surveyor’s certification boxes required on all surveys in
> Georgia. The reason that the general assembly stated misdemeanor is that
> the attorneys working on the legislation indicated that non-compliance
> could be considered a felony if they had not specified misdemeanor.
>
>
>
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