HENRY COUNTY BOARD OF ZONING APPEALS MINUTES OF MEETING August 28, 2024 The regular meeting oft the Henry County Board of Zoning Appeals was held on Wednesday, August 28, 2024, in the Summerlin Board Room of the Henry County Administration Building at 1pm. Chairman Manker Stone, Paul Setliff, Lisa Spencer, and Stuart Warren were in attendance with Deborah Hairston absent. Recording Secretary, Wanda Setliff, Planner/Community Development Specialist, Micah Montgomery, and Director of Planning, Motion to approve the minutes of July 24, 2024, was made by Paul Setliff, seconded by Lisa Zoning, and Inspection Lee Clark were also in attendance. Spencer, and followed by a unanimous vote with one absent. S-24-05 Hugh Kenneth Beveridge.Jr. A request for a Special Use Permit was received under Section 21-302 of the Henry County Zoning Ordinance to allow for the establishment of a campground facility to accommodate up to 4s sites. The property is approximately 32 acres, located at 311 Florence Drive in the Reed Creek The property is not located within a designated Growth Area as defined by the Henry County Comprehensive Plan. This project should not generate significant traffic or demand for additional utilities, staff considers this use to be consistent with the Comprehensive Plan. Staff has reviewed the application and suggests the BZA add the following minimum conditions District, is zoned Agricultural District A-1, as shown on Tax Map 15.2/259. as part ofany motion to approve. Must meet State Code / Virginia Department of Health guidelines for operating a campground The public hearing opened at 1:09. Manker Stone asked if anyone present would like to speak on behalf of the Special Use Permit. Kenneth Beveridge Jr. and his wife Kay expressed their desire to establish a private family campground comprising four sites. They hope to use the campground for their family gatherings Lee Clark inquired about the presence of barndominium pictures in the concept plan. Kenneth Beveridge Jr. responded we might consider building one on the property in the future. Manker Stone asked if anyone wanted to speak in favor oft the Special Use Permit. once or twice a year, and it will not be open to the public for camping. Donna Smith expressed her support for the request but raised concerns about how it would impact the roadway. In response, Lee Clark stated, "I am not aware of any road maintenance agreement, the roadway will remain unchanged. Any issues would be considered a civil matter." 1 Manker Stone inquired if anyone opposed the project, but no one stepped forward. The public hearing closed at 1:18. Manker Stone asked for comments from the board. Paul Setliff made a motion to approve the Special Use Permit including the recommended condition from staff. Lisa Spencer seconded the motion followed by a unanimous vote of 4-0 with one absent. S-24-06 Gwendolyn Hernandez Delgado Ar request for a Special Use Permit was received under Section 21-302 of the Henry County Zoning Ordinance to allow for the establishment of a Family Day Care Home to accommodate up to 12 children. The property is located at 76 10th Street in the Horsepasture District, and is The property is located within the Fieldale-Colinsvile Growth Area as defined by the Henry Staff has reviewed the application and suggests the BZA add the following minimum conditions zoned Suburban Residential District S-R as shown on Tax Map 28.8(10)10/4. County Comprehensive Plan. as part ofa any motion to approve. Special Use Permit must be exercised within two years sign can be no larger than 4 square feet and cannot be illuminated Ift the applicant chooses to install a sign at her home to identify the business, then the A copy of the State license shall be provided to the Planning Office indicating the approved occupancy The public hearing opened at 1:23. Gwendolyn Hernandez Delgado spoke on her behalf, expressing her desire to operate a family When Paul Setliff asked about the ages of her children, Gwendolyn responded that they are 3 years old and 51 months old. She also mentioned that the road is very narrow, and the driveway is usually empty. They can park on the side of the street, and two cars can park in her driveway. Manker Stone asked, "Will the children go outside for activities, and where will they go because it seems the backyard drops off?" Gwendolyn Delgado responded, "We plan to build a fence in Lee Clark asked, "How will you manage drop-offs and pickups? You have room for 2 cars in your driveway, and there is a lot oft traffic on Field Avenue." Gwendolyn responded, "I do not plan to allow parents to drop off kids in the road. My mom and Iare getting certified and plan to have someone come to the driveway, and we will meet them there. Not every parent will arrive daycare for several years to help make childcare more affordable in the area. the front yard later on and use part of the front yard for the children." at the same time to drop off or pick up." 2 Stuart Warren asked, "Is your rule going to be that if there is a drop-off or pickup, it is going to be in the driveway, and if someone is there, they will wait their turn?" Ms. Delgado replied, Manker Stone asked if anyone else wanted to speak in support ofthe request. When no one came forward, Mr. Stone asked if anyone wished to speak in opposition of the project. Again, no one Lisa Spencer made a motion to approve the Special Use Permit allowing for 6 children and any children of the applicant, including the recommended conditions from staff. Stuart Warren "Yes." came forward. seconded the motion followed by a unanimous vote of 4-0 with one absent. The public hearing closed at 1:34. V-24-03 Margaret Baker AI request for a Variance was received under Section 21-304 of the Henry County Zoning Ordinance to allow for the construction of a free-standing garage that will be located approximately 43' from the center of the road, instead of the required 60'. The property is located at 100 Mathews Mill Road in the Horsepasture District and is zoned Agricultural District A-1, as shown on Tax Map 38.8/82G. The public hearing opened at 1:48. Margaret Baker mentioned that she moved here to be closer to her daughter due to her age and health. She tried to get a garage but was told she didn't need a permit. However, she was informed that the distance requirement of being 60 feet from the center of the road was impossible to meet due to the slope of her home. Margaret wants to build the garage SO that she can unload groceries indoors during rainy weather and store her vehicle there in the winter Paul Setliff told Margaret Baker an option would be to put the garage beside the house. Ms. Baker said she couldn't afford to bring in dirt, and if she had to do that, there wouldn't be a Lee Clark explained that variances are not to be approved to accommodate expenses. He then read out the qualifications from the state code regarding when variances are allowed. Lisa Spencer asked Margaret Baker, "Are you experiencing physical limitations due to age?" Ms. Baker responded, "I'm almost 90, and I'm beginning to feel the effects of aging." months. garage. The public hearing closed at 2:13. Paul Setliff made a motion to approve the Variance, and Stuart Warren seconded the motion followed by a unanimous vote of4-0 with one absent. 3 The meeting adjourned at 2:15. 2AL Lee H. Clark, Secretary 4