2/46 Grove Street NE Brookhaven, GA 30319

Fence Permit Revision. This document is to support revisions to the Fence Permit FEN21-00107. It is in two parts:

Part One: Document the location and design/style of the fence we have completed to date: Upon receipt of the fence permit FEN21-00107 in the Summer of 2021 we began to execute

that plan. We were successful in building the fence adjoining our neighbors to the right, as viewed from Grove Street, and our neighbors to the rear. In both cases our neighbors were supportive and encouraging of our efforts. They both granted us unfettered access to their yards to complete the fence with the more “finished” or “aesthetically pleasing” side facing them. Our neighbor to the rear even offered to help with the project and both neighbors were gracious and appreciative of the finished product. (See attached survey with notes, page 4)

However, the fence between our property at 2746 and that of our neighbor at 2740 presented two issues:

Issue #1 - Despite originally granting us access to remove the old fence, our neighbor at 2740 subsequently denied us access to install the replacement fence. This meant that we had to build the fence with the three horizontal cross members (upper, middle, and lower) on HER side and attach the vertical pickets on OUR side. To ensure that there was not a “finished” or more “aesthetically pleasing” face to the fence on either side, we followed the suggestion of the City of Brookhaven and installed additional upper, middle, and lower horizontal cross members to each section on our side of the fence. The result, as seen in images 1 through 4 below, is that the fence is symmetrical, as viewed from above, and that the appearance of both sides is identical and hence there is not a more “finished” nor “aesthetically pleasing” side...they are both identical.

Image #1 - Finished fence as seen from 2746.

Image #2 - Finished fence as seen from 2746.

Page 1 of 5 2746 Grove Street NE Fence Permit FEN21-00107 Revision V4

Printed 2/11/2022

Image #3 - Finished fence as seen from 2740.

Image #4 - Finished fence as seen from 2740.

Since we have been denied access to our neighbors’ yard at 2740, | am unable to get a “square on” image and have relied upon these rather oblique images captured from an angle over our rear neighbor's yard.

As an additional note, it has been brought to our attention that a small number of nails (six or less) are protruding through the fence from our side to our neighbor’s side at 2740. To the extent these six or fewer nails are sticking out of the fence. the nails do not extend over our property line, as indicated by the two orange string lines.

In a conversation with the City of Brookhaven on Monday January 31°, 2022, we offered to hammer these nails back in and requested access to the neighbor’s property at 2740. Ms. Zeeman informed the City of Brookhaven that she refused to grant us access to her yard to address this concern. We plan to remove these nails from our side after we temporarily remove three cross members in that one section.

Unrelated to the fence along the property line on the left side, adjoining 2470, we also elected to change the fixed return portion on the right side adjoining 2752, to a gate. This is of the same size and style as the gate on the return on the left side. Issue #2 — The fence was planned and permitted to extend from the rear property line, running parallel to the side property line (and inside our property) consistent with surveys of record, to a point on the FRONT edge of our house, with a return and a gate to enclose the side portion of our house. In order to follow our straight boundary line per the recorded survey(s), the remaining portion of the fence to be installed would abut and/or touch the neighbor’s garden window, which she installed about 4 or 5 years ago. In addition, the fence would also have to “bridge over’ the neighbors’ two new larger HVAC units, which she installed 8 to 9 years ago. These three “monuments” are currently encroaching on our land and are the subject of a civil case to have them removed and/or relocated.

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2746 Grove Street NE Fence Permit FEN21-00107 Revision V4

Printed 2/11/2022

Part 2:

How to complete a fence in light of the encroachments and the current legal action: We would still like to complete the fence on the left side, adjoining 2740, but in view of her encroachments of the garden window and the HVAC units, we request for the permit to be revised and modified to the design and placement as follows: e

As to the remaining portion of the fence to be installed, we no long wish to install an 8 feet high wooden fence with abutting pickets that create an “opaque” fence as we have installed around the rest of our back yard.

e

Rather, we prefer to install a prefabricated metal “open/transparent” fence design which is offered in 4 feet wide by 3 feet 4 inches high sections, and uses a metal stake into the ground rather than a concrete base, for easier and faster installation. (See pictures below)

e

This fence would start at the corner of the current wooden fence where it “returns” on the

back edge of our house and continue forward towards Grove Street for a total length of 52 feet, stopping just short of the front line between our property and the DeKalb County easement area that parallels Grove Street. (See attached survey with blue line and notes, page 5) e

For additional stability we may elect to add some short 90 degree returns along the

length and if suitable with the grade of our yard, a gate at the front/Grove Street end. e

The fence will be well below the level of our neighbor's garden window.

e

The fence will step up and over the two HVAC units without touching or blocking them in any way, nor impeding their ability to “breath” and hence function correctly.

e

We have already engaged Georgia 811 to mark the gas and power lines to ensure we avoid these lines with the stakes. (The stakes extend less than 12 inches into the ground and gas and power lines are commonly buried at least 24 inches)

e

We have marked the location on a current survey. (See blue line on PDF page 5)

Prefabricated metal fence section

Design and dimension details of fence

Page 3 of 5

2746 Grove Street NE Fence Permit FEN21-00107 Revision V4

Printed 2/11/2022

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