Archives for February 2013

Brookhaven Overlook (Bellaire) Update

Brand Properties, developer of the proposed Brookhaven Overlook apartments at 3770 Peachtree Road, applied to DeKalb County for a Land Disturbance Permit (LDP) in early December, 2012.  This was just before the new City of Brookhaven began operations on Dec. 17th.  The DK County Planning Department denied the application after it failed to pass their review for Overlay Zoning Compliance.  One of the reasons cited was that the density of the proposed project (87 units/acre) exceeds the density permitted by the underlying zoning district (RM-75, 18 units/acre) and the underlying Comprehensive Land Use Plan (Suburban Residential, 8 units/acre).

Brand and the property owners–informally known as the “Tomlinson Family”–promptly appealed the Planning Department’s administrative decision to the DeKalb Zoning Board of Appeals (ZBA).  DeKalb County declared they would assume no further jurisdiction for the site and forwarded the appeal to the new City of Brookhaven.  After some discussion, Brand Properties reportedly withdrew from the project and the Tomlinson Family agreed to pursue their action in the City of Brookhaven.

The appeal is now scheduled to be heard before Brookhaven’s new Zoning Board of Appeals at their first public meeting, announced unofficially as March 20th.  The BPCA, Bellaire neighbors and HBNA, represented by attorney Linda Dunlavy, continue to support the Planning Department’s decision and oppose the appeal.  The Tomlinson Family is represented by attorney Kathy Zickert of Smith Gambrell Russell.