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South Russell council permits one-off pool fence modification for 100 Fox Trail
Summary
The Village Council approved a modification to the codified pool-fence requirement to allow a deck-enclosed semi‑inground pool at 100 Fox Trail, limiting the approval to the submitted plan for that address.
The South Russell Village Council voted to permit a modification to the village's codified pool-fence requirement for the property at 100 Fox Trail, allowing a deck-enclosed semi‑inground pool as shown in plans submitted to the Building Department.
The modification was tied explicitly to "the plan submitted to our building inspector" for 100 Fox Trail and to codified ordinance Section 1.464.02(a)(1), the council said during discussion. The vote came after residents Jacqueline and Randy Bosley described the deck-and-fence layout and building inspector David reviewed the plans.
Why it matters: The change modifies how the village interprets the village's requirement that a fence of specified construction surround a pool. Council members stressed the approval is specific to the address and the plan on file and not a blanket rewrite of the ordinance.
Council discussion focused on safety and precedent. Jacqueline Bosley described the proposed layout as a semi‑inground pool that sits approximately 2—2' feet below the deck at its lowest point with three feet of railing around the deck so the top-of-fence height would measure about five feet from the grade on the deck. Building inspector David said he had reviewed the plans and that, in his view, the configuration would be difficult to access from outside the enclosure and that "it's gonna be safe." He also noted the gate would be lockable and the deck opening would be limited.
Solicitor and staff recommended framing the approval narrowly. The solicitor advised council that the zoning code defines fence construction and that a modification or variance should be made specific to the address and the exact plan to avoid creating a precedent for substantially different pool enclosures.
The council moved and approved a motion permitting a modification to codified ordinance Section 1.464.02(a)(1) as provided for the specific plan submitted for 100 Fox Trail. The motion included a condition that the approval be specific to the address and the existing plan on file with the building inspector.
Next steps: The applicant will proceed with final building-permit review and inspections under the conditions of the approved plan. The council emphasized the village retains authority to require any additional code-compliant changes during permit review.
