Germantown Homeowner Seeks Approval for Fence Modification Amid Erosion Concerns

The Germantown Board of Zoning Appeals convened on August 12, 2025, to address a request concerning a residential fence installation. The meeting began with Mark Jobe, legal counsel for Mr. Hubbard, presenting the case. He confirmed that Mr. Hubbard and a supportive neighbor were present, and noted that the Homeowners Association (HOA) and other neighbors had expressed support for the request, with only one neighbor absent due to being out of town.

Jobe explained that the fence in question had been modified to address drainage issues and to accommodate the slope of the property. He emphasized that the majority of the fence complied with regulations, and the non-compliant section represented only 6.84% of the total fence length. The fence was constructed by Big Dog Fence Company, a reputable firm with 25 years of experience.

During the discussion, Jobe clarified that Mr. Hubbard was undergoing significant rehabilitation at the time of the installation, which may have contributed to a lack of awareness regarding specific zoning regulations. He characterized the situation as a good faith error, with no intent to violate zoning laws.

Board members raised questions about the relationship between the fence height and the erosion issues on the property. Jobe and Mr. Hubbard explained that the topography necessitated varying heights for the fence, with some sections reaching 7 feet 8 inches. Mr. Hubbard further detailed the history of the fence, indicating that it had been in place for nearly 30 years and was part of the property when he moved in.

The meeting concluded with Mr. Hubbard expressing his intention to improve the aesthetics of the area around the fence and address the drainage concerns. The Board of Zoning Appeals will consider the request and the community support expressed during the meeting as they make their decision.