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Board approves 7-foot fence exemption for Upper Marlboro homeowners over neighbor objections

Prince George's County Board of Appeals · January 15, 2025
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Summary

Prince George's County board approved a security-exemption allowing Brandon and Resha Merchant to increase backyard fence height to 7 feet at 14712 Kent Drive despite a nearby neighbor's complaint and an open code violation; staff said the permit process will address installation and aesthetics.

The Prince George’s County Board of Appeals approved a security-exemption Jan. 15 allowing Brandon and Resha Merchant to install a 7-foot chain-link fence in the rear yard of 14712 Kent Drive, Upper Marlboro, citing safety and topography reasons. The board voted 3–0 to carry the motion after hearing testimony from both the merchants and a neighbor who objected.

Brandon Merchant told the board the increased height was necessary to secure a toddler and a 135-pound dog and to deter intruders or wildlife from the wooded area behind the property. "A higher fence would ... ensure the safety and privacy" of his family, he said. Neighbor Deborah Hall Williams testified that a wooden fence already erected is nearly 7–8 feet, exceeded county standards, was inverted with the unfinished side facing her property, and in places encroached on her garden; she said a stop-work order had been issued and that she had not been notified before the fence went up.

Inspector Swan of Prince George's County confirmed on the record that an open violation exists for the fence at 14712 Kent Drive. Board staff and the inspector explained that the permit process will address installation details and aesthetics (including a required finished side out) and that the merchants were proceeding with permitting to bring the perimeter into compliance. Member Stanton moved to approve the exemption; Vice chair Johnston seconded and the board approved by roll call vote 3–0. Administrator Watson told the Merchants staff will follow up with next steps and encouraged working with neighbors through the permit process.