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Neighbor dispute emerges as Brookmere homeowner seeks to reduce 50‑ft buffer to build

City of South Fulton Planning Department · November 4, 2025
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Summary

A homeowner sought to reduce a 50‑foot peripheral building setback to 20 feet at 969 Brookmere Court to allow construction of an HOA‑approved home; adjacent property owners said earlier agreements and previous excavation meant the lot was promised as no‑build and that the site currently causes erosion and loss of trees.

Sean Slaughter, representing Tracy Robinson (property owner), asked the City of South Fulton to reduce a 50‑foot peripheral building setback to 20 feet at 969 Brookmere Court so the owner could construct a home approved by the homeowners association. Slaughter said that with a 50‑foot setback the house would be limited to a width that would make the design infeasible and that a reduction would still leave the buffer on the lot.

Paul Bergenthal, an adjacent property owner, said the lot has a lengthy history: he described an original agreement for an undisturbed buffer, subsequent changes when parcel interconnections were created, and an episode after a later purchaser (America Homes for Rent) excavated the lot causing a 15‑foot drop and erosion into his yard. Bergenthal said he believed the lot had been treated as a "no‑build" lot and that the excavation caused loss of hardwoods and azaleas.

Staff encouraged continued conversation between the resident and developer and noted additional opportunities to discuss the matter during the required public participation process. No action was taken at the meeting; the applicant will present the request at a public participation meeting, and the city will evaluate technical solutions such as retaining walls and required approvals if they pursue a modification.