Janet D.

McDonald
James B. Stegeman
821 Sheppard Rd.
Stone Mountain, GA 30083
(404) 801-4110
janet@heavenlyglass.com
01/13/2021

RE: Swearingen/Hoten Group, Fourth Variance Hearing

18 073 02 005. 811 Sheppard Rd., Stone Mountain, GA 30083
A-20-1244329, Deferred from 12/09/2021
Commission District 4, Super District 7
Undisputed Facts
1. This is the fourth hearing on what the ZBA has listed as an application for a variance
for the property commonly known as 811 Sheppard Rd., Stone Mountain, GA. The third
hearing results were: ‘“DEFERRAL’ pending civil litigation” [1] even though the
attorney representing us, Meghan Thomas, stated there was no pending litigation.
Nevertheless, we received Notice of the 4th hearing, postmarked 12/20/2020 (which was a
Sunday by the way), it was not received until January 05, 2021 (8 days prior to hearing
date, the rules show that we are to be given no less than 14 days).
THE FIRST HEARING - 12/11/2019
2. Over 26 years ago, Stegeman/McDonald purchased their property, with the express
understanding that there was a Private right of way for their use and enjoyment.
3. At the first hearing, December 11, 2019, we had with us, two non-family member
witnesses, who have no interest in either property. We had no idea what to expect, we
submitted our Warranty Deed [A], and Security Deed [B], both showing the private right
of way/easement. ZBA did not retain a copy, they gave the copies back to us.
4. Discussing the private right of way/easement, one female ZBA member stated “you
don’t use it anyway”.
5. Our Warranty Deed [A], Security Deed [B], Title Insurance [C], and two surveys
[D], with written legal descriptions, showing a non-exclusive egress-ingress private right
of way1 on the 811 property.

1
Article 9-Definitions 9.1.3 Defined terms: Private right-of-way: Any street, avenue,
boulevard, road, highway, sidewalk, alley or easement that is not owned, leased, or
controlled by a governmental entity.

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6. Both of our surveys [D] show: surveyed by different surveyors; (1) from 1986, (1)
from 1994 (at different times); show 100 foot frontage, and 522.0 feet with a 70 foot right
of way to Mountain Valley Dr.
7. On the east side of our property, the fence is the boundary line for Stone Mountain
City Limits.
8. The Walter Prince survey/site plan for the 811 property incorrectly shows: 50 foot
(instead of 70 foot) right of way to Mountain Village Dr., claims 619 feet to Mountain
Valley Dr.
9. The claim of 619 feet to Mountain Valley Drive, supports our claim that they are
committing fraud and are stealing 3.9 feet of our property PLUS stealing the right of
way/easement shown on our two surveys.
10. Looking at our two surveys [D] our right of way/easement is measured separately
from the properties, and shows 522.9 feet to Mountain Valley Dr., with a 70 foot right of
way, and is 13.61 feet by 74.23 feet on one side and 10 feet x 65 feet on the other side.
11. Results from the 12/11/2019 hearing over our protests: a conditional approval [E]
which states in LARGE BOLD FONT:
THIS IS TO ADVISE YOU THAT THE ZONING BOARD OF APPEALS AT ITS
REGULARLY SCHEDULED HEARING ON DECEMBER 11, 2019 REACHED
THE FOLLOWING DECISION ON THE ABOVE REFERENCED
APPLICATION:
BOA Action: Motion by D. Wright to approve the application with condition showing
the easement on the revised site plan. Seconded by K. Saunders, III. Motion
approved unanimously.
12. We had never seen any site plans, and the only revised site plan [F], had no surveyor
seal (mentioned by ZBA member during 2nd or 3rd hearing), and was submitted 03/2020,
that site plan failed and refused to show the private right of way/easement,2 and shows a 3
story, 6 bedroom, 3 full bathroom house.

Sec. 1.1.13. Relation to private agreements. This chapter is not intended to abrogate,
annul, or otherwise interfere with any easement, covenant, or other private agreement
or legal relationship, provided that when the regulations of this chapter are more
restrictive or impose higher standards or requirements than such easements,... or
private agreements or legal relationships, the regulations of this chapter shall govern.
2
The conditional approval was never met; therefore, no variance granted.

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13. There are no houses in our neighborhood that is 3-stories; and to try to claim the
upper floor is an attic, is ludicrous, it will be heated, countable living space; the plan shows
with the top floor, it is over 2100 square feet, with 35+ foot elevations. It is 3 levels, a
three story house, with an attic, an attic with two bedrooms and a full bathroom, heated, is
a complete third story.
14. The property can never: meet the zoning lot minimum requirements of 15,000
square feet; never meet the requirements of 25,500 square feet for property with a septic
system; and you clearly don’t allow a well to be used for septic system. Three bathrooms
would require much more land than 25,500 square feet.
15. We have recently acquired the site plan that had been used for all of the properties
beginning at 831 Sheppard Rd. (next door to the west of us) going all the way up to Ridge
Avenue [G]. The site plan shows pins placed for all properties; all four of our pins were
found on both of our surveys; the 811 survey from 1971 shows no pins were looked for or
found.
16. The 1971, 811 survey and written legal description, does not have any degrees,
minutes, seconds, and mentions no pins and could be located almost any place. The current
owner cannot claim all pins found, there have never been any pins to find. We have
obtained the 1971 survey/plat for 811 [H].
THE SECOND HEARING
17. The structure they plan to be build, will not physically fit onto the property; will be
out of place esthetically will never match the homes in the neighborhood; will need
variances not only for the front, but also both sides and the back; added a third floor to get
the minimum required living space, will have an elevation on 35’, much taller than the
original house elevation, will result in gross shadowing on our property, will violate our
private right of way; and will violate our property and our property rights.
18. In 2015, the property sold to John Ayoub (Encore Assets) at tax sale was for .10
deeded acres and excluded all rights of way and any and all easements [I]; Deed Book
25276, Page 762.
19. We have the tax documents, PT-61s, and Warranty Deeds, Quit Claim Deeds, and
other real property documents for the property when it belonged to DiNapoli, Cook, Encore
Assets, Wells, NetBuys, all shows .10 deed acres.
20. When Hoten Group got the property, the claim began stating at first, .10, then .14
acres, then .15 acres, and now .156 acres. [J]. ZBA claims that there are 6,587 feet on that

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property, a little over .15 acres, .156 as shown on the online map. One has to wonder, who
has been manipulating these figures for the 811 owners.
21. They have incrementally falsified the acreage on public records and to this Board,
and are stealing 3.9 feet x 150 feet, plus the private right of way/easement of 13.61 feet by
74.23 feet on one side and 10 feet x 65 feet on the other side
22. ZBA continually, incorrectly states that the property is legally non-conforming.
23. There has been no application filed for legally non-conforming status; even if there
had been, which we deny, once the property had been abandoned, and especially when it
went to tax sale, it lost its status.
24. The rules for building permits shows that whenever the application, or other
documents have been falsified, the permit must be denied or revoked, and the party making
such falsification is supposed to be prosecuted.
25. We should not be having to convince ZBA of anything, we have had our property
26+ years, and no one has ever contested our property, right of way/easement, and even
the current owner has not contested our claims and the property we own. He just ignores
it, which the codes for obtaining a building permit shows that private right of ways and
easements are not to be disturbed, or destroyed.
26. The Walter Prince survey for 811 submitted for use as a site plan/survey, falsified
the Book and Page for our property; their survey uses incorrect dimensions, lacks the
required: degrees, minutes and seconds for location, and illegally takes 3.9 feet, plus the
private right of way from our property to make .156 of an acre for that property.
27. Swearingen tells us if we don’t like it, to take him to court. He is the one disputing
ancient surveys, and the true property sizes, we lived here for more than 26 years without
a dispute.
28. Swearingen and his gang are committing/have committed a crime, and this board is
condoning, aiding, and abetting that crime.
29. The results of the second hearing, after learning that our east side property line is
Stone Mountain City Limits, ZBA deferred decision, and stated that they wanted to
investigate.
THE UPCOMING FOURTH HEARING
30. We have provided credible evidence and testimony to ZBA, and they have insulted
us and our knowledge, and have allowed Swearingen to character bash us in his opening

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statements at every hearing, with the January 13, 2021 hearing being the fourth such
hearing, while ZBA says nothing to him about it, ZBA then forbids us to defend ourselves.
31. We provide this information, so that when the time comes, DeKalb County
Planning, the Board of Commissioners, The CEO, and the ZBA all have actual knowledge
of what the problem is; and if and when we are forced to sue DeKalb County, none working
in any of these departments, can make false claims, it will have all been documented.
32. The Deed Book and Page Number for our property was falsified on the 811 survey,
so that it would not be easy to look up the specs on our property; We have .60 acres of
land, we pay taxes on.
33. Over the past 26 years, we have accumulated numerous documents pertaining to
811 Sheppard; including showing that the property consists of .10 acres, as well as the fact
that code enforcement had cited the property continually; copies of every PT-61, quit claim
deed, warranty deed, and sale of the property for the entire time we have lived at our
property.
34. We will not quit, and we will not go away.

Sincerely,
/s/ James B. Stegeman
/s/ Janet D. McDonald

CC: CEO Michael L. Thurmond;

Lorraine Cocharn-Johnson: lcjohnson@dekalbcountyga.gov;
Mereda Davis Johnson: mdjohnson@dekalbcountyga.gov;
Larry Johnson: larryjohnson@dekalbcountyga.gov;
Nancy Jester: nancy@nancyjester.com;
Jeff Rader: jrader@dekalbcountyga.gov;
Kathie Gannon: kgannon@dekalbcountyga.gov;
Steve Bradshaw: srbradshaw@dekalbcountyga.gov
Permits / Inspections: PermitInfo@dekalbcountyga.gov;
Planning and Zoning: plansustain@dekalbcountyga.gov;
Land Development: PermitInfo@dekalbcountyga.gov;
Watershed: vllee@dekalbcountyga.gov;
tholmes@dekalbcountyga.gov;

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P.S.: We cannot find email or contact for any of the ZBOA panel, and they have
continually refused to copy and keep our documentation, so we request that the email to
the Commissioners, that the Commissioner, forward the email to their appointee.
According to the ZBOA Rules, they are supposed to copy the information and keep it in
the file. They never have in our situation. ZBA claims we have never sent documents,
stated during third hearing. Prior to every hearing, I have sent written statement with
attached documents to the above list.

Pam Speaks District 1, Commissioner Nancy Jester 12/31/2020: Larry C. Smith

District 2, Commissioner Jeff Rader 12/31/2018, Alice Bussey
District 3, Commissioner Larry Johnson 12/31/2018, Nadine Rivers-Johnson
District 4, Commissioner Steve Bradshaw 12/31/2020, Vacant
District 5, Commissioner Mereda Davis Johnson 12/31/2016. Dan Wright
District 6, Commissioner Kathy Gannon 12/31/2020, Kenneth Saunders, III
District 7, Commissioner Greg Adams 12/31/2020

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