Zoning board approves variance allowing homeowner to keep taller pool fence, requires safety fix

The Bowling Green Zoning Board of Appeals on a unanimous vote approved a variance allowing an already-constructed pool fence at 904 Country Club Drive to remain as built, despite a northeast corner that measures roughly 11 to 14 inches above the 6-foot limit set by city code. Board members said the approval is conditional on resolving a safety gap beneath the fence that could allow access to a backyard pool.

The variance request was presented by planning staff, who noted the zoning code (section 150.79) defines fence height as the difference in elevation between preexisting ground grade and the top of the fence and that the property had received permits for an in-ground pool and fence on 03/27/2025. Staff also read neighbor letters in support and an email from City Engineer Brad Holman cautioning against adding fill near the fence because even slight grade changes can alter drainage and create standing water.

Owner Justin Herman told the board he had installed the fence level across the top for aesthetic reasons and said the gap beneath the northeast corner resulted from the existing topography. "I made sure that it was level all the way across, because I thought it would be unpleasing to the eye to the neighborhood to see a fence follow the grade of the ground," Herman said. He told the board he planned to install interior drainage tied to the nearby catch basin and would temporarily install a small interior barrier if needed to prevent a child from crawling under the fence.

Board members pressed for safety mitigation during questioning. Several members said they would support the variance only if the applicant agreed to measures to eliminate the under-fence opening. Planning staff reiterated the city’s position that the under-fence gap is a separate code compliance issue: pool enclosures must be solid fences with no more than a 4-inch gap at the bottom (section 150.44). Staff said the city had put the homeowner on notice by letter and would require correction of the gap regardless of the variance decision.

During the hearing staff described the site evidence: photos showing the gap and a tape-measure image indicating the measured distance between the bottom of the fence and grade, and the presence of a catch basin roughly two to three feet from a fence post that may serve the property. Neighbors Amanda Lemaster and Kelly Glasgow (observed from across the street) and Valerie Schuler (adjacent property owner) submitted letters supporting the variance and saying the fence is visually pleasing; neighbor Scott Schuler spoke in favor during public comment.

A board member moved to grant the variance to allow the fence to remain as-built as measured from preexisting grade; the motion was seconded and carried on a roll-call vote with all present members voting yes. The chair announced the variance was approved and that the permit would be issued. City staff will follow up to ensure the safety gap beneath the fence is addressed and that any mitigation meets applicable code requirements.

The board closed the public-comment portion of the hearing after testimony and moved on to vote. The variance approval allows the fence to remain as constructed in the northeast corner, subject to the city’s enforcement to remedy the under-fence gap.