Re Stgc 328015 Zeeman Update Request 2740 Grove Street Ne Brookhaven Ga 30319 9¶

Eric,

I was in mediation on a federal matter all day yesterday. I sent the proposal to Marimar, with you on copy, when we received it. I have attached it hereto. Marimar asked about the scope and admittedly it does seem extensive. That being said, the County requirements for moving a boundary line on lots this size require the surveyor to submit the plans, including topography, to the County permitting office and create 3 separate documents to be recorded with the survey. There is a more detailed explanation below which Gaddy provided.

With regard to the insured and the hearing (which is a status conference and pointless in our opinion), she does not need to attend the hearing; I told her the same.

Here is what the surveyor sent me:

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 jurisdictions approval process hence the reason for applying one of the four different surveyors certification boxes required on all surveys in Georgia. The reason that the general assembly stated misdemeanor is that the attorneys working on the legislat