Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Land Use topic
No spam. Unsubscribe anytime.
BZA denies Richmond Pools display-pool proposal over safety and parking concerns
Summary
The Richmond City Board of Zoning Appeals denied a variance request by Richmond Pools and Spas to place a water-filled display pool and exceed fence height in the front parking lot at 800 Northwest Fifth Street, citing public‑safety, maneuvering, and code issues.
The Richmond City Board of Zoning Appeals on Aug. 13 denied a variance request by Richmond Pools and Spas to install a water‑filled display pool and exceed the 4‑foot fence limit in the front parking lot at 800 Northwest Fifth Street.
Planning staff, the Richmond Police Department and a neighbor warned the display could be an attractive nuisance, create sight‑line and vehicle‑maneuvering hazards, and conflict with multiple provisions of the Unified Development Ordinance (UDO). The board voted to reject the petition by roll call; the motion to approve failed on a 0–4 vote.
Ken Tarmino, owner of Richmond Pools and Spas, described the proposed display area and fence plans and said he had measured the site. "It doesn't only block maybe a third of the door," Tarmino said, describing the pool's placement and adding the display would be locked and the ladder kept inside when the store was closed. Tarmino told the board the pool would be shown for inventory display and said he was willing to install a 6‑foot fence around it.
Richmond Police Department Administrative Resource Officer Aaron Stevens told the board the department opposed the proposal as presented. "I would feel that it would it would create a potential safety factor," Stevens said after conducting on‑site visits and reviewing police concerns about vandalism, high pedestrian activity and children in the area. Stevens said the lot's existing traffic patterns and nearby trailer‑park residences increased his safety concerns.
Planning staff summarized the property's zoning and cited UDO provisions, including Article 5.56 (outdoor commercial display area standards), Article 5.66 (parking standards), Article 5.29 (nonresidential fence and wall standards) and accessory‑structure rules in Articles 5.04–5.14 and Article 11 (definitions). Staff noted the subject lot is 12,283.9 square feet (0.282 acre), about half the 25,000 square‑foot minimum generally expected for the outdoor commercial district. Staff's written recommendation to the board stated: "Staff recommends denying the petition to allow a 15 foot swimming pool to be built in an outdoor display as an outdoor display in the outdoor commercial zoning district." The staff report also noted uncertainty about the unstriped parking lot's final ingress/egress and how a pool might affect vehicle maneuvering.
One written response in the record opposed the pool; Rhonda Christopher of 528 Indiana Avenue wrote that a swimming pool "would be dangerous at the location of 800 Northwest Fifth" and could "tempt" unsupervised entry. The planning department reported receipt of two mailed responses: one in favor and one opposed.
A board member moved to approve the petition based on the findings of fact and one written commitment; that motion and its second were put to a roll call. The voting record was: Kelly Cruz Nicholson — No; Jeff Cook — No; Sayward Salazar — No; Josh Imhoff — No. The motion failed and the petition was denied. After the vote the chair explained an applicant has 30 days to appeal the decision "in accordance with Indiana Code 36‑7‑4."
The board's denial leaves the property's existing nonconforming parking and display status unchanged. Tarmino said he may delay any installation until spring, when display season resumes, but no further approvals were granted at the Aug. 13 hearing.
