[{"_1":2,"_99":-5,"_100":-5},"loaderData",{"_3":4,"_26":27},"root",{"_5":6,"_17":10,"_18":19,"_20":21,"_22":10,"_23":-5,"_24":-5,"_25":10},"user",{"_7":8,"_9":10,"_11":10,"_12":-5,"_13":-5,"_14":15,"_16":-5},"roles",[],"isAuthenticated",false,"isPremium","planName","subscriptionStatus","featureFlags",{},"insightsBudget","isDevelopmentHost","userPreferences",{},"recaptchaSiteKey","6LcvOJcUAAAAAHsB-gPGfGktcRlKpH7OTIU_dMTD","isImpersonating","impersonation","affiliateStatus","isFreedomPortal","routes/v2/article/layout",{"_28":29,"_30":31},"notFound",true,"relatedArticles",[32,75,87],{"_33":34,"_35":36,"_37":38,"_39":40,"_41":42,"_43":44,"_45":46,"_47":48,"_49":50,"_51":52,"_53":54,"_55":56,"_57":58,"_59":60,"_61":62,"_63":64,"_65":66,"_67":68,"_69":70,"_71":68,"_72":73,"_74":73},"mediaId",6461704,"mediaKeyId","5823137-bfa638ca0de8491b63a7f0d4d58c9861","parentId",5823137,"title","Board affirms DPIE denial of floodplain waiver for College Park lot, citing unsafe access in 100-year event","audioSeconds",4263,"startMs",1016000,"endMs",5279000,"viewUrl","/Search/View?dp=1&key=5823137-bfa638ca0de8491b63a7f0d4d58c9861&start=1016&end=5279","thumbnailUrl","https://assets.pipeline.soar.com/5823137-bfa638ca0de8491b63a7f0d4d58c9861/thumbnail_1016000.jpg","articleUrl","/articles/6461704/Prince-Georges-County/Maryland/Board-affirms-DPIE-denial-of-floodplain-waiver-for-College-Park-lot-citing-unsafe-access-in-100-year-event","mediaUrl","https://secure.pipeline.soar.com/6461704-1ad59f83621b0bc0b0acb46566849703/orig.mp4?Expires=1771148770&Signature=ZFOj~uCNcahlFjfR0-7SNFytYJFNLGUiU5~LbKI0xnavqGvLBN2gkqsLdph5XSjBIWcYSDt45aXmgSoPXqqwCFJNbLZymfITRemzNzXqh5zOxYx1DY01N2ZSGqpPrvL5Myl0LD2u1XkrXS5P-NFVJ0AxfgfdzE~WmMtHQTS7h5mBJQ3WDf3bMie-c9~5hKqPetbY6pynDxe-dqNT7uGKeTrdwyar1ELHePLNpmVil4TfPK5iqsroV5rAhFnc3e7um10qkaiMgRP9lmBqko9olT~mvRVb3DQXICXdEUnvSlEdk-m46hULyTKsvDTcJOcVfcex7zH5m0hcraznBwAtbg__&Key-Pair-Id=KUT5TJCACFTXG","author","Prince George","date","2025-09-24T00:00:00Z","article","The Prince George's County Board of Appeals on Sept. 24 voted 3-0 to affirm the Department of Permitting, Inspections and Enforcement's (DPIE) denial of a floodplain waiver for Lot 13 at 7510 Columbia Avenue in College Park, owned by Joseph Magnotta.

The board's action affirms DPIE's March 28, 2025 written determination that the site cannot demonstrate \"safety of access\" during a hundred-year flood event, a threshold DPIE and the county fire/EMS have set at no more than six inches of flood depth for assured emergency access. DPIE testimony said modeled flood depths at the site range from roughly 2.2 to 3.7 feet above street level, well above the county's six-inch safe-access threshold. Vice Chair Johnston moved to affirm DPIE's denial; Member Stanton seconded. Chair Bower, Vice Chair Johnston and Member Stanton voted aye.

DPIE associate director Reynaldo De Guzman told the board the county uses a separate county floodplain analysis (watersheds greater than 50 acres) distinct from FEMA mapping. He cited County Code Subtitle 32 and DPIE guidance (Technogram 004-2020) explaining that floodplain waivers must be based solely on the physical characteristics of the land and cannot be approved where access for emergency vehicles cannot be guaranteed in a flood. \"If a site cannot demonstrate safety of access to the property in times of a flood, these sites are not eligible for a floodplain waiver,\" De Guzman said.

Magnotta, who bought the lot at tax sale and has sought to construct a single-family home, argued the lot is a legally platted residential parcel and that nearby properties with similar floodplain mapping have been occupied or previously expanded. He described steps he took after purchase, including removing an unsafe garage, obtaining approvals from the Old Town College Park historic commission to raise and document a shed, and preparing a site survey. He told the board DPIE's denial effectively left the lot without a viable economic use and said he has spent more than $100,000 pursuing development and remediation. \"I can't raise the county's roads. That's correct. But I can raise my property 5 or 6 feet and just put a stair to the front door,\" Magnotta said, while noting DPIE's view that elevated fill would not resolve the agency's safe-access concern because surrounding roadways remain below the flood elevation.

DPIE and county counsel told the board the agency applied its published standards consistently and that the safe-access factor is intended to protect life and health and to preserve the county's Community Rating System standing with FEMA. DPIE staff also said past building permits issued decades ago occasionally proceeded without the same floodplain review because grading and building reviews were administratively separated; DPIE representatives said the agency has tightened review since consolidation of permitting functions.

The board's written order will be added to the administrative record; the motion to affirm DPIE's denial does not by itself provide a path for building permits. Magnotta's attorney, Peter Goldsmith, asked for remand or for the county to reconsider allowing construction on piles or stem walls rather than large quantities of imported fill; the board did not adopt that remedy and affirmed the agency decision.

The transcript and exhibits in the case record include DPIE floodplain inquiry materials, meeting minutes from a Sept. 30, 2024 DPIE- petitioner meeting, the March 28, 2025 denial letter from Deputy Director Mary Giles, and petitioner-provided site surveys and historic-preservation approvals. The board noted the technical nature of the appeal but concluded DPIE's decision was supported by the county's floodplain ordinance and guidance.","mediaType","Video","parentTitle","Prince George - Board of Appeals - *V-7-25 Added","oneSentenceSummary","The Board of Appeals affirmed Prince George's County DPIE's denial of a floodplain waiver for Joseph Magnotta's Lot 13 at 7510 Columbia Avenue in College Park, finding that flood depths at the site exceed the county's safety-of-access threshold and make the lot ineligible for a waiver.","taxTitle","Prince George's County, Maryland","taxId",3378,"location","headline","","shortSummary",{"_33":76,"_35":36,"_37":38,"_39":77,"_41":78,"_43":79,"_45":80,"_47":81,"_49":82,"_51":83,"_53":84,"_55":56,"_57":58,"_59":85,"_61":62,"_63":64,"_65":86,"_67":68,"_69":70,"_71":68,"_72":73,"_74":73},6461709,"Board OKs security fence and variance for University Park corner lot after petitioner cites trespassing",340,662000,1002000,"/Search/View?dp=1&key=5823137-bfa638ca0de8491b63a7f0d4d58c9861&start=662&end=1002","https://assets.pipeline.soar.com/5823137-bfa638ca0de8491b63a7f0d4d58c9861/thumbnail_662000.jpg","/articles/6461709/Prince-Georges-County/Maryland/Board-OKs-security-fence-and-variance-for-University-Park-corner-lot-after-petitioner-cites-trespassing","https://secure.pipeline.soar.com/6461709-9040e80b1a77d792f3c72c6894b51f30/orig.mp4?Expires=1771148770&Signature=MxxHTf3bl3~CujyoWJcHuTQKmFb6uPhmT50Xk9-LiI0q6zLcdhzvUIxC-dAzw0187R-IA5T8yIFn2S8f6c2q-Ayg9FDWjcQFUX23-TiorctpJhSK1Rx7uMmNhrVfk8b8nVx6g9dQzmBlJy6GcUDq-0q0kbcPJRIQiAC4nkrTI1XdxIvg8cKkBqB-ytv29xcUPg49WvP-J4OjzFM7xBfJSbith4wTfmtRI9X1k0TrclkhauwcXuaeqn1G7vDHEO11xlSEOVZQVNBhud2jAv0V98ozy9QN03Av9OoAu4LI9X1thxDOOzxxQvKTLWCdWGSfrOO3YMk-fNITlzlndmCc4w__&Key-Pair-Id=KUT5TJCACFTXG","The Prince George's County Board of Appeals on Sept. 24 approved a variance and a security exemption to allow a six-foot vinyl fence in the front yard of a corner property at 4415 Beechwood Road in University Park.

Petitioner Thomas McKeown asked the board to validate an existing side-yard depth condition and to permit a proposed six-foot vinyl fence along the side of the house that fronts Route 1. He told the board Route 1 frontage has led to repeated trespassing and thefts: \"I've had trespassers in my property. I've had people enter my house ... multiple people trespassing across, coming in, trashing my yard,\" McKeown said, describing the security rationale for a higher front-yard fence.

McKeown told the board he had neighbor approval for the plan and that the University Park Town Council provided a letter of support. The board noted the property is a corner lot and that the petitioner explained the fence would be set back 35 feet from Route 1 and 40 feet from Beechwood Road so it would not create sight-line or visibility hazards. The board determined the statutory standards for a security exemption and variance had been met and approved V-45-25 and the security exemption, by a 3-0 vote; Vice Chair Johnston moved approval and Member Stanton seconded.

Board staff will follow up with the petitioner on required permit submissions and any conditions attached to the building-permit review.","The Board of Appeals approved a variance and a security exemption so Thomas McKeown may build a six-foot vinyl fence at 4415 Beechwood Road, University Park, citing repeated trespassing and thefts from Route 1 frontage.",{"_33":88,"_35":36,"_37":38,"_39":89,"_41":90,"_43":91,"_45":92,"_47":93,"_49":94,"_51":95,"_53":96,"_55":56,"_57":58,"_59":97,"_61":62,"_63":64,"_65":98,"_67":68,"_69":70,"_71":68,"_72":73,"_74":73},6461714,"Prince George's County board approves variances to allow second driveway at Laurel home",474,177000,651000,"/Search/View?dp=1&key=5823137-bfa638ca0de8491b63a7f0d4d58c9861&start=177&end=651","https://assets.pipeline.soar.com/5823137-bfa638ca0de8491b63a7f0d4d58c9861/thumbnail_177000.jpg","/articles/6461714/Prince-Georges-County/Maryland/Prince-Georges-County-board-approves-variances-to-allow-second-driveway-at-Laurel-home","https://secure.pipeline.soar.com/6461714-97278bfcc19662de4ac9e0aa668f74d0/orig.mp4?Expires=1771148770&Signature=IakBM8DDfDYh4QGaKRaIUIYg2Ju4SRIUHnJC1Aj47Ggp~oOKFB0~vI-~-D1w5UQTY-XKS3eDOFr9xrY52xTd4pab-~2Au3np7q~dEJNK8FNPSa0Dev42e9jmo41YGA1~7UMB-oDP7hFlQ1ZCSimj4r4~U77OlXguJdmpPqwfkzfJ3D0p~vOD6cORNXNXVYcj6kNi~cwERfebGw-l8Lgo8tN6qr~mU8XzJKeBXxSdybH012wtxvcwErJLBDJ2PI5SPKmOhYPhzqYH~VrvQ2R4JwMBdX2UqvwxHvbXjvuiFMIr7NzOShE-Cf-EljS1H0nQNgHHq1U4iNag0NDHoGcBjw__&Key-Pair-Id=KUT5TJCACFTXG","The Prince George's County Board of Appeals approved variances on Sept. 24 to validate existing lot conditions and allow a second driveway at 6506 Old Sandy Spring Road in Laurel.

The board granted the petitioners, Walter Charles Berger and Katie Megan Berger, variances including relief from net lot area and lot-width standards and a waiver of the parking-area location requirement so the couple may obtain a building permit to repair an existing 11-by-26-foot driveway and construct a proposed 12-by-20-foot driveway. Vice Chair Johnston moved to approve V-40-25; Member Stanton seconded. The motion passed, 3-0.

The Ber ...ers told the board their property is functionally limited compared with neighboring lots. \"I drive a tow truck, a commercial vehicle, so I have to be in the driveway,\" Walter Berger said, explaining the safety concern of on-street parking. He and Katie Berger said their lot currently accommodates only a one-car driveway while nearby homes have two-car driveways.

Vice Chair Johnston told the board she saw \"some significant topographical uniqueness\" that supported the variance criteria, and other members agreed the petition met the standards the board applies for lot-specific variances in Prince George's County.

The board's approval validated the existing conditions, cleared the way for the Ber ...gers to obtain a building permit, and required the petitioners to comply with county permitting and plan requirements before construction. Staff told the petitioners the county will follow up with next steps on permitting.

Case information and procedural citations are recorded in the file for V-40-25. The board took no additional conditions beyond the standard requirement that a copy of the board's written order be provided to the county permitting office before building permits will be processed.","The Board of Appeals approved variances and a parking-location waiver for Walter and Katie Berger at 6506 Old Sandy Spring Road to validate existing lot conditions and allow repair and construction of a second driveway.","actionData","errors"]

Article not found

Board affirms DPIE denial of floodplain waiver for College Park lot, citing unsafe access in 100-year event

Board OKs security fence and variance for University Park corner lot after petitioner cites trespassing

Prince George's County board approves variances to allow second driveway at Laurel home