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BZA approves reduced fence requirement and river‑side exception for East Jackson pool

June 12, 2025 | Elkhart City, Elkhart County, Indiana


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BZA approves reduced fence requirement and river‑side exception for East Jackson pool
The Elkhart Board of Zoning Appeals approved a developmental variance permitting a four‑foot perimeter fence and no fencing along the Saint Joseph River for an in‑ground pool at 2402 East Jackson Boulevard.

The city code (section 26.1.C.3) requires a six‑foot fence and self‑closing, self‑locking gates around pools; the petitioner requested a four‑foot fence and no fence on the river side, citing the riverbank as a natural barrier and noting the pool will have an automatic cover.

Tom Schoff, the petitioner, told the board he expects the planning department to update the pool ordinance later in the year to align with state rules that would require a four‑foot fence for pools with automatic covers. He said, jokingly, that Northern Indiana has limited usable pool days but also noted safety measures: “The in ground pool will have an automatic pool cover,” he said.

Staff supported the variance, describing the rear property line as abutting the Saint Joseph River and noting the riverbank creates a natural barrier comparable to a fence. Staff said the planning department is drafting an ordinance update that would require a four‑foot fence where an automatic cover is installed and that similar waterfront variances have been approved previously. Staff reported 19 letters mailed with one in favor and one opposed (the opposing comment noted a family with three small children nearby).

A motion to approve the variance and adopt staff and petitioner findings passed by roll call. The approval is conditioned on the presence of the automatic pool cover and the understanding that the riverbank will serve as a barrier on the river side.

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