Wed 24 Jul 2024 22 11 11 0000 Re 2740 Grove St Ne Brookhaven Ga 30319 Gaddy Survey Estim 190E6Cc7 2¶

Frank,

I apologize for the delay. The lots to be surveyed are the Grove Street lots. We will need the legal descriptions as well as the legal description for the portion being conveyed. It is my understanding that the impervious surface percentage requirements will not be violated with the proposed new line; the adjacent home inquired with the City of Brookhaven when he was renovating his yard. That being said, we need a quote for the project with the lot adjustment plat. You are the expert, so we will defer to you as to what is required. Also, we will be billing through McLain & Merritt assuming we move forward with the proposal.

Please let me know if you need anything else.

Brett Michael-Schiff Ledermeier
Senior Associate, Real Estate Litigation

11625 Rainwater Drive  |  Ste 125   |   Alpharetta, Ga 30009
Direct:  404.365.4564
Main: 770.200.7000
bledermeier@mmatllaw.com<mailto:bledermeier@mmatllaw.com>


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From: Frank Gaddy <frank@gaddysurveydesign.com>
Sent: Saturday, July 13, 2024 12:13 PM
To: Joy Cooper <joy@gaddysurveydesign.com>; Brett Ledermeier <bledermeier@mmatllaw.com>; Al Ansley <al@gaddysurveydesign.com>
Cc: szeeman@gmail.com; jeffsbanks@hotmail.com
Subject: RE: 2740 Grove St NE, Brookhaven, GA 30319 - Gaddy Survey Estimate

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