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• <br />• <br />• <br />Overall, we are very disappointed that, up to this point in time, we have been unable to <br />complete the landscaping and deck that are required in order for us and others in the <br />community to enjoy the full value of our pool. The landscaping around the pool, which is <br />three /fourths of the way complete, has been put on hold pending the City's decision on <br />the location of the pool. We cannot complete the landscaping around the remaining <br />portion of the pool until we have the posts to support the deck installed. We cannot <br />finalize plans, secure the necessary permit and engage the contractor to build the deck <br />until this matter is settled. It could be argued that our time and aggravation associated <br />with this issue are costs that should be included in this recap. <br />The pool was erected in a location that was approved by the City. It currently exists <br />thirty -one feet eight inches from the street, well clear of the right of way. Although our <br />original choice for the location of the pool was denied by the city, for reasons that we <br />fully understand and can appreciate, we would most likely pursue locating the pool in <br />that area if the City decides the existing location is unacceptable. <br />With respect to the six -foot fence: To reiterate, the primary purpose of the six -foot fence <br />is designed to protect the safety of neighborhood children, of which there are presently <br />seventy -two in our forty -five home development. Unauthorized entry to the pool by an <br />individual of any age will potentially result in injury and quite possibly death. The pool <br />has a solar cover on it to retain heat and prevent water evaporation. If someone were to <br />enter the pool when the homeowners are unaware, drowning and loss of life are an <br />increased possibility due to the presence of the solar cover. The financial security of the <br />current residents is also at risk should unauthorized entry, subsequent injury and litigation <br />occur. <br />A recent article appearing in the Star Tribune, Home & Garden Home Improvement <br />section (page HG13 of the Thursday, July 12, 2001 paper) had the following to say <br />regarding "The Safety Fence ". "In our community, for example, the fence around the <br />pool must be 6 feet tall and all gates must be locked from the inside. Be sure that you <br />have a safety fence (with locking gates) between the back of your home and your pool <br />area. Just as the building department will want you to protect your neighbor's children, <br />you will want to protect your family." Four -foot fences are inadequate in terms of safety <br />and protection. <br />A six -foot fence, proposed to be constructed twenty -five feet from the road, would <br />successfully deter teenagers or older, allegedly more mature individuals that may or may <br />not be in complete control of themselves from gaining access to the potentially life - <br />threatening situation. There have been instances in our neighborhood in the past where <br />individuals were intoxicated and out of control to the point where 911 had to be called. A <br />six -foot fence would prevent these types of individuals from harming themselves where a <br />four -foot fence may not. A six -foot fence would prevent individuals from recognizing <br />that a pool exists and would therefore further reduce the potential for unauthorized <br />access, potential injury or damage to the pool. <br />