Re 21Cv9795 7 Sweatman V Zeeman 10¶

It was explained to me over a very long and technical phone call, so I am just copying what the surveyor emailed me below. If you need a more direct explanation or simplified explanation (I most certainly did which is why I called him), let me know. Also, you can call them as well. Ultimately, it appears that a re-platting survey is needed in order to change the tax maps which requires a new topography and two surveys; it's a 3 page filing. They are also taking care of any variances, permitting, etc. This is at significant expense and estimated at $6,800.00 per the proposal; hopefully they expedite it. I still don't have a time for Friday, but I have asked again so that you can let Mr. Sweatman know.

As an aside, I think the survey required far less, but we are deferring to the surveyor; this seems like overkill for a basic survey to change a boundary line.

From Gaddy:

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.

Brett Michael-Schiff Ledermeier Senior Associate, Real Estate Litigation

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