Aug 27, 2026 Board of Zoning Appeals

[00:00:06]

GOOD MORNING AND WELCOME TO THE AUGUST 27TH, 2026 MEETING OF THE HENRICO COUNTY BOARD OF SUPERVISORS.

BOARD OF ZONING APPEALS. I'M GONNA GET FIRED.

BOARD OF ZONING APPEALS. MY APOLOGIES FOR THOSE WHO ARE ABLE.

PLEASE STAND AND JOIN US IN THE PLEDGE OF ALLEGIANCE.

[1. PLEDGE OF ALLEGIANCE]

ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL.

ALL RIGHT. LET'S SEE IF WE CAN GET ON BACK ON TRACK HERE NOW.

AND, MR. BLANKENSHIP, CAN YOU READ OUR RULES FOR US? GOOD MORNING, MR. CHAIRMAN. MEMBERS OF THE BOARD. GOOD MORNING TO THOSE OF YOU IN THE ROOM WITH US. I'D ALSO LIKE TO SAY GOOD MORNING TO THOSE JOINING US ON WEBEX, IF YOU WISH TO OBSERVE THE MEETING, BUT YOU DO NOT INTEND TO SPEAK.

WELCOME AND THANK YOU FOR JOINING US. BUT FOR THOSE OF YOU ON WEBEX WHO WOULD LIKE TO SPEAK, WE NEED TO KNOW THAT IN ADVANCE SO WE CAN CONNECT YOU WITH THE APPROPRIATE TIME.

SO IF YOU ARE AN APPLICANT OR IF YOU HAVE QUESTIONS OR COMMENTS ON ONE OF THE CASES, PLEASE PRESS THE CHAT BUTTON.

NOW IT'S LOCATED IN THE BOTTOM RIGHT CORNER OF THE SCREEN.

AND WHEN THE CHAT WINDOW OPENS, PLEASE SELECT GENIA PORCH FROM THE LIST OF PARTICIPANTS AND LET HER KNOW YOUR NAME AND WHICH CASE YOU ARE INTERESTED IN.

THE CHAT FEATURE WILL ONLY BE USED TO IDENTIFY SPEAKERS, SO PLEASE DO NOT TYPE QUESTIONS OR COMMENTS INTO A CHAT, BUT PLEASE SEND A CHAT TO GENIA PORCH. NOW, FOR THOSE OF US IN THE ROOM, THE PROCESS WILL GO LIKE THIS.

AS SECRETARY, I WILL CALL EACH CASE AND WE'LL ASK EVERYONE IN THE ROOM WHO INTENDS TO SPEAK TO THAT CASE TO STAND AND BE SWORN IN.

THEN A MEMBER OF THE PLANNING DEPARTMENT STAFF WILL GIVE A BRIEF PRESENTATION.

THEN THE APPLICANT WILL PRESENT THEIR APPLICATION.

THEN ANYONE ELSE WHO WISHES TO SPEAK IN FAVOR OR IN OPPOSITION WILL HAVE THE OPPORTUNITY.

WE'LL HEAR FROM PEOPLE IN THE ROOM FIRST AND THEN FROM THOSE ON WEBEX.

AFTER EVERYONE HAS HAD A CHANCE TO SPEAK, THE APPLICANT AND ONLY THE APPLICANT WILL HAVE AN OPPORTUNITY FOR REBUTTAL.

THIS MEETING IS BEING VIDEO RECORDED AND WE WILL BE TRANSCRIBING MINUTES.

SO FOR THOSE IN THE ROOM, WE WILL ASK YOU TO SPEAK DIRECTLY INTO THE MICROPHONE ON THE PODIUM IN THE BACK OF THE ROOM THERE.

WE'LL ASK EVERYONE TO STATE YOUR NAME AND PLEASE SPELL YOUR LAST NAME SO WE GET IT CORRECTLY IN THE RECORD.

AND OF COURSE, ONCE YOUR CASE IS OVER, YOU'RE FREE TO LEAVE. THERE'S NO NEED FOR YOU TO STAY FOR THE REST OF THE MEETING. MR. CHAIR, WE DO HAVE TWO REQUESTS FOR DEFERRAL THIS MORNING.

[2. REQUESTS FOR DEFERRAL]

[2a. VAR-2026-101507 William Shewmake for Kenneth McIntyre: variance from the side yard setback to build an addition at 5364 Springfield Road, Summerberry, Brookland. The applicant has 3 feet side yard setback where the Zoning Ordinance requires 12 feet side yard setback. The applicant requests a variance of 9 feet side yard setback. Parcel 757-770-1424. Zoning: R-3C, One-Family Residence District (Conditional). Code Section: 24-3309.D. Brookland ]

IN SUMMARY, IN THE BROOKLYN MAGISTERIAL DISTRICT, MR. SHOEMAKER IS HERE. WOULD YOU LIKE TO EXPLAIN YOUR REQUEST FOR DEFERRAL? THANK YOU VERY MUCH. MEMBERS OF THE BOARD. YES.

AS YOU KNOW, WE WERE HERE LAST MONTH, AN ISSUE ABOUT A RESTRICTIVE COVENANT THAT WE DIDN'T KNOW ABOUT HAD ARISEN.

WE IMMEDIATELY ORDERED TITLE REPORT. WE'RE TRYING TO WORK THROUGH TO IDENTIFY HOW WE CAN ADDRESS THAT ISSUE.

WE OBVIOUSLY WANT TO FULLY ADDRESS THAT ISSUE BEFORE WE REQUEST THE VARIANCE.

I WAS A LITTLE OPTIMISTIC WHEN I ONLY ASKED FOR 30 DAYS, BUT WE ARE ACTIVELY WORKING ON IT.

THAT'S WHY WE'VE ASKED FOR 60 DAYS BECAUSE THAT SHOULD GIVE US SUFFICIENT TIME. SO WE WOULD ASK THAT YOU GIVE US THAT TIME SO WE CAN ADDRESS THAT ISSUE BEFORE WE ASK FOR THE VARIANCE. THANK YOU. THANK YOU SIR. ANY QUESTIONS OR CONCERNS FROM THE BOARD.

WOULD IT BE APPROPRIATE FOR A MOTION? MR.. BLANKENSHIP IS THERE ANYONE IN THE ROOM WHO IS OPPOSED TO DEFERRING THAT MATTER.

THERE'S NO ONE ON WEBEX FOR THAT CASE. OKAY. SEEING NO CONCERNS OR OPPOSITION TO DEFERRAL.

I'M GOING TO MOVE THAT WE DEFER THIS REQUEST TO OCTOBER 22ND, 22ND, AS REQUESTED BY THE APPLICANT, TO ALLOW ADDITIONAL TIME TO ADDRESS THE RESTRICTIVE COVENANTS.

IS THERE A SECOND TO THAT MOTION? OKAY. MOTION BY MR. LAWRENCE, THE CHAIR SECOND BY MR. BROADWAY. ALL IN FAVOR, SAY AYE.

ALL OPPOSED? SAY NO. THE MOTION IS APPROVED. THIS CASE IS DEFERRED UNTIL OCTOBER 22ND.

THANK YOU, SIR. MR. CHAIR, THE SECOND REQUEST FOR DEFERRAL IS THE APPEAL ON THIS MORNING ALL THE WAY AT THE END OF THIS MORNING'S AGENDA.

[2b. APP-2026-101635 Dale Mullen, Esq., for St Luke Apartments: appeal a notice of violation at 3901 Pilots Lane, Fairfield. Parcels 793-739-5311, 792-738-7588 and 793-739-9757. Zoning: R-5, General Residence District. Code Section: 24-2320. Fairfield ]

MR. MURPHY IS HERE. MR. MULLEN IS ALSO HERE. I DON'T KNOW WHO WAS GOING TO PRESENT THE REQUEST, MR. MURPHY. IT'S A JOINT REQUEST. OKAY.

[00:05:14]

WITH ME IS MR. MULLEN. AS MR. BLANKENSHIP MENTIONED, HE REPRESENTS SAINT LUKE'S, THE OWNERS OF THE THE PROPERTY.

THE PARTIES ARE JOINTLY REQUESTING A DEFERRAL OF THIS MATTER TO THE SEPTEMBER 24TH MEETING OF THE BOARD OF ZONING APPEALS.

THE PARTIES ARE ENGAGED IN PRODUCTIVE CONVERSATIONS.

THERE HAS BEEN PROGRESS BEING MADE, AND WE THINK THAT THE EXTRA TIME WILL ALLOW SOME RESOLUTION OF THE MATTERS.

I AGREE. THANK YOU. THANK YOU. IS THERE ANYONE IN THE ROOM WHO IS OPPOSED TO DEFERRING THAT MATTER? AND BEFORE WE GET A MOTION ON THIS, I JUST HAD A QUESTION.

WE HAD A FAIRLY LARGE STAFF REPORT AND DOCUMENTATION IN OUR PACKET, AND IT LOOKED LIKE ABOUT HALF OF IT APPLIED TO THE MO MOU. HOWEVER, WE WERE ALSO INFORMED THAT THIS CASE REALLY HAS NO DIRECT CONNECTION TO THE MOU. SO I WAS JUST CURIOUS AS TO WHY WE RECEIVED ALL THAT INFORMATION.

WHEN WE'RE REALLY LIMITED TO THE ORDINANCE AND OUR PURVIEW IS NOT THE MOU.

I GUESS I'M ASKING THAT QUESTION TO SEE IF I HAVE TO READ ALL THAT INFORMATION OVER AGAIN BEFORE WE HEAR THE CASE NEXT TIME.

MY BELIEF IS, MR. CHAIR, THAT YOU DO NOT HAVE TO READ IT AND THAT YOU SHOULD NOT READ IT UNLESS THE MATTER COMES BEFORE YOU IN SEPTEMBER.

I THINK THAT THE GREAT MAJORITY OF THE ISSUES AND THE REASON IS THE NECESSITY OF A COMPLETE APPEAL PACKET, AND BECAUSE MANY OF THE OBLIGATIONS WERE RELATED TO THE MOU, AND THEN THAT DIRECTLY LINKS TO THE ORDINANCE, THAT WAS THE REASON FOR INCLUSION. BUT FRANKLY, I WOULDN'T WASTE YOUR TIME RIGHT NOW.

THANK YOU, MR. MULLIN. ANY OTHER QUESTIONS FROM THE BOARD? I WILL ENTERTAIN A MOTION FOR DEFERRAL. I CAN MAKE A MOTION, MR. MASSEY. YES. APPEAL TO SEPTEMBER 24TH, AS REQUESTED BY THE APPELLANT, TO ALLOW ADDITIONAL TIME TO REMEDIATE THE CONDITIONS, CITING THE NOTICE. WE HAVE A MOTION BY MR. MASSEY. DO WE HAVE A SECOND? SECOND BY MR. JOHNSON.

ALL IN FAVOR OF THE MOTION, SAY AYE. AYE. IS THERE ANYONE OPPOSED? HEARING NONE. THE MOTION IS APPROVED AND THIS CASE IS DEFERRED TO THE OCTOBER.

SEPTEMBER. SEPTEMBER. WHAT'S THE DATE ON THAT, MR..

SEPTEMBER 24TH. WAS IT? THAT'S RIGHT. SEPTEMBER 24TH MEETING.

THANK YOU. BOARD. THANK YOU. THANK YOU. THANK YOU.

ALL RIGHT. THE FIRST CASE TO BE HEARD THIS MORNING THEN IS CONDITIONAL USE PERMIT. 2026 NUMBER 101459.

[3. CONDITIONAL USE PERMITS]

ALL RIGHT. SEEING NO ONE, MR. GIDLEY. TELL THE TRUTH.

YES, SIR. THANK YOU, MR. SECRETARY. GOOD MORNING, MR. CHAIRMAN. MEMBERS OF THE BOARD. THE SUBJECT PROPERTY IS LOCATED TWO BLOCKS SOUTH OF LABURNUM AVENUE, NOT FAR FROM THE RICHMOND RACEWAY. IT CONTAINS A TWO STORY, 1440 SQUARE FOOT DWELLING WHERE THE APPLICANT RESIDES. SHE WOULD LIKE TO PROVIDE HOME BASED CHILD CARE FOR UP TO 12 CHILDREN.

IN REVIEWING THIS REQUEST, UP TO FIVE CHILDREN MAY BE CARED FOR BY RIGHT.

YOU CAN GO UP TO 12 CHILDREN, HOWEVER, WITH THE APPROVAL OF A CONDITIONAL USE PERMIT.

THUS TODAY'S APPLICATION. AS YOU CAN SEE HERE, THE SURROUNDING AREA IS COMPOSED OF SINGLE FAMILY HOMES EXCEPT TO THE REAR, WHICH HAS A RAILROAD TRACK AND THEN INDUSTRIAL USES TO THE REAR.

BEYOND THAT, THE APPLICANT HAS ONE OF THE LARGER LOTS IN THE AREA.

AND AS YOU CAN SEE HERE, THE REAR YARD IS ENCLOSED WITH A NEW PRIVACY FENCE, WHICH ENHANCES CHILD SAFETY AND ALSO HELPS SCREEN THE USE FROM THE NEIGHBORING PROPERTIES.

BENTON AVENUE, THE STREET IN FRONT OF THE HOUSE.

DEAD ENDS TO THE NORTH, WHICH LIMITS TRAFFIC IN FRONT OF THE HOME.

AND IN ADDITION, AS YOU CAN SEE HERE, THE APPLICANT HAS A NICE DRIVEWAY WHICH CAN ACCOMMODATE PICK UP AND DROP OFF OF THE CHILDREN.

AS A RESULT OF THESE FACTORS, STAFF DOES NOT ANTICIPATE ANY DETRIMENTAL IMPACT TO NEARBY PROPERTY AS AND THEREFORE WE CAN RECOMMEND APPROVAL OF THIS REQUEST

[00:10:05]

IF YOU HAVE ANY QUESTIONS, I'LL BE HAPPY TO ANSWER THOSE.

THANK YOU. I THINK SHE HAS UP TO FIVE NOW, ALTHOUGH I'M NOT CERTAIN ON THAT YOU COULD ASK HER THAT.

IF YOU RECALL, WE ALWAYS KIND OF LIKE TO START WITH THE MINIMUM BEFORE WE JUMP INTO WELL, OKAY, WE'VE REJECTED PEOPLE WHO WANTED 12 BECAUSE THEY HADN'T PROVEN HAD A PROVEN TRACK RECORD OF THE FIVE I WOULD ASK HER BECAUSE I'M NOT TOTALLY SURE. THAT'S FINE. THANK YOU. YES, SIR. I HAD THE SAME QUESTION. LOOKING AT THE STAFF REPORT, IT APPEARED THAT MAYBE SHE IS JUST IN THE PROCESS OF APPLYING FOR A LICENSE, BUT I WASN'T REALLY CLEAR WHETHER THAT'S A LICENSE FOR FIVE OR.

I MEAN, A NEW BRAND NEW LICENSE OR A LICENSE TO GO FROM 5 TO 12.

BUT WE CAN ASK THE APPLICANT THAT QUESTION, I GUESS. ANYBODY ELSE ON THE BOARD HAVE ANY QUESTIONS? MR. GOODLEY, BEFORE WE HEAR FROM THE APPLICANT? OKAY.

HEARING NONE, THEN WE'LL GO AHEAD AND HEAR FROM THE APPLICANT. AND THAT'S C MISS WALLER ON WEBEX, RIGHT? YES, STAFF. CAN WE CONNECT MISS WALLER? MISS WALLER? ARE YOU THERE? MISS WALLER, WE'RE NOT HEARING YOU. I DON'T KNOW IF YOU'RE ON MUTE OR SOMETIMES IT TAKES A SECOND.

STAFF. DO WE KNOW WHY WE'RE NOT HEARING ANYTHING? WE'RE STILL NOT HEARING ANYTHING IN THE BOARDROOM STAFF.

YEAH. MR. CHAIR, PERHAPS WE SHOULD PASS BY TO THE NEXT CASE WHILE WE WORK OUT OUR TECHNICAL DIFFICULTY.

OKAY, WE WILL DO SO. OKAY, WELL, I'M GETTING A MESSAGE NOW. JUST A MOMENT.

OKAY, LET'S GO AHEAD AND MOVE ON. THE NEXT CASE IS CONDITIONAL USE PERMIT.

[3b. CUP-2026-101546 Randy Hooker for J. E. Liesfeld Contractor, Inc.: conditional use permit to continue reclamation of a former mining site at 8950 Strath Road, Varina. Parcel 816-677-8788. Zoning: A-1, Agricultural District. Code Section: 24-4205 and 24-4327. Varina ]

WOULD EVERYONE WHO INTENDS TO SPEAK TO THIS CASE PLEASE STAND AND BE SWORN IN? RAISE YOUR RIGHT HAND, PLEASE. DO YOU SWEAR THE TESTIMONY YOU'RE ABOUT TO GIVE IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH, SO HELP YOU GOD. THANK YOU. MR. GIDLEY. IS THIS YOU AS WELL? YES, SIR. THANK YOU, MR. SECRETARY.

LEE'S FIELD CONTRACTOR OWNS ALMOST 150 ACRES ON BOTH SIDES OF STRATH ROAD, AS YOU CAN SEE HERE, IN 2018, THE BOARD APPROVED A CONDITIONAL USE PERMIT TO ALLOW THE USE OF 64.65 ACRES ON THE WEST SIDE OF STRATH TO DEPOSIT SOIL, ROCK AND OTHER MATERIALS TAKEN FROM CONSTRUCTION SITES.

WORK IS ONGOING AT THIS SITE. HOWEVER, AS IS CUSTOMARY EVERY TWO YEARS, THE APPLICANT MUST COME IN AND RENEW THEIR USE PERMIT FOR ANOTHER TWO YEARS.

THAT IS WHAT TODAY'S REQUEST IS FOR, NAMELY A TWO YEAR RENEWAL OF THE USE PERMIT TO CONTINUE OPERATIONS.

THE PROPERTY PREVIOUSLY WAS EXCAVATED FOR SAND AND GRAVEL FROM 1988 TO 1992 WHEN THEY WERE DONE.

THIS RESULTED IN A DEPRESSION AT THE CENTER OF THE PROPERTY.

RATHER THAN FILL IT, THE APPLICANT SPREAD TOPSOIL AND PLANTED GROUND COVER.

LEACHVILLE CAME IN AND HAS BEEN FILLING THIS SITE WITH EXCAVATED MATERIAL AND WISHES TO CONTINUE THIS PROCESS.

THE PLAN SUBMITTED ARE THE SAME AS THOSE APPROVED IN 2022 AND IN 2024.

THESE SHOW A 100 FOOT WOODED BUFFER AROUND THE PERIMETER OF THE SITE TO PROTECT THOSE NEIGHBORS.

[00:15:03]

PLANNING. ONCE DONE, PLANNING WOULD BE ESTABLISHED ON THE SITE.

THE END RESULT IS THE SITE WOULD BE IN A CONDITION MORE CONSISTENT WITH ITS SURROUNDINGS THAN BEFORE.

THE MATERIAL WAS BROUGHT IN BY THE APPLICANT.

STAFF HAS NOT RECEIVED ANY COMPLAINTS SINCE THIS OPERATION WAS APPROVED BACK IN 2018.

ACCORDINGLY, WE CAN RECOMMEND APPROVAL FOR ANOTHER TWO YEAR EXTENSION.

IF YOU HAVE ANY QUESTIONS, I'LL BE HAPPY TO ANSWER THOSE. THANK YOU.

THANK YOU, MR. GOODLEY. ARE THERE ANY QUESTIONS FROM BOARD? I DO HAVE ONE QUESTION. I'M GOING TO DIRECT IT TO YOU, MR. GOODLEY. IT'S JUST A CLARIFICATION QUESTION, BUT IF YOU'RE NOT COMFORTABLE ANSWERING IT, YOU CAN DEFER TO TO WE CAN DEFER TO MR. HOOKER. THE QUESTION I HAD WAS THE STAFF REPORTS, EXECUTIVE SUMMARY STATES THAT AFTER THE EXCAVATION OF THE SITE WAS COMPLETED IN 1992, THE OPERATOR SPREAD TOPSOIL AND PLANTED GROUND COVER.

THEN, IF YOU LOOK IN ITEM NUMBER FIVE B OF THE APPLICANT'S NARRATIVE DESCRIPTION, IT STATES THAT THE.

THE OLD MINE AREA DOES NOT CONTAIN A TOPSOIL SURFACE.

SO I GUESS MY QUESTION IS, DID THE TOPSOIL AND GROUND COVER FROM 1992? DID THAT ERODE OR DISAPPEAR OVER TIME? OR WHAT'S WHAT'S THE DISCREPANCY THERE? I GUESS I HAVE NO IDEA. OKAY, WE'LL ASK MR. HOOKER THAT QUESTION.

MAYBE HE YOU CAN ANSWER IT. THANK YOU SIR. ANY OTHER QUESTIONS FROM THE BOARD? OKAY. WE'LL HEAR FROM THE APPLICANT NOW. MR. HOOKER, IF YOU'D LIKE TO COME TO THE PODIUM.

GOOD MORNING, MR. CHAIR. MEMBERS OF THE BOARD. MY NAME IS RANDY HOOKER.

HOOKER WITH ENGINEERING DESIGN ASSOCIATES. I HERE ON BEHALF OF J E LITCHFIELD, ALSO HAVE STEVEN GALLAGHER WITH J E LITCHFIELD WITH ME HERE THIS MORNING. TO ADDRESS YOUR QUESTION ABOUT THE TOPSOIL.

OUR RECORDS WE DIDN'T HAVE, WE DIDN'T HAVE DOCUMENTATION SHOWING SIGNIFICANT AMOUNT OF TOPSOIL AT THE SITE.

TYPICALLY THE TOPSOIL IS STRIPPED AWAY AND STOCKPILED AND REUSED LATER FOR COVERING THE SITE ONCE THE SITE'S BEEN RECLAIMED.

BUT THERE WAS LITTLE TOPSOIL AT THE SITE. SO AND WE'RE HERE TODAY JUST ASKING FOR AN EXTENSION TO CONTINUE TO RECLAIM THE SITE AND JUST NO MATERIALS LEAVING THE SITE.

IT'S JUST TAKING MATERIALS TO THE SITE AND DEPOSITING IT.

AND ULTIMATELY IT'LL BE STABILIZED AND SEEDED AND, AND JUST BECOME AGRICULTURAL LAND.

THANK YOU. IT SOUNDS LIKE WHOEVER LEFT THE SITE IN 1992 SAYS THERE WAS GROUND COVER AND TOPSOIL PUT THERE, BUT IT SOUNDS LIKE MAYBE THEY DIDN'T DO A VERY GOOD JOB, BUT IT SOUNDS LIKE YOU ALL ARE RECTIFYING THAT ISSUE. SO THANK YOU FOR THAT.

THEY'RE FILLING IN ON TOP ANYWAY, SO IT'S KIND OF RIGHT.

GOTCHA. OKAY. OKAY. ANY QUESTIONS FROM THE BOARD FOR MR..

MR. HOOKER, WE'VE HEARD THIS CASE, YOU KNOW, A COUPLE OF YEARS AGO, I GUESS SAME CASE EVERY TWO YEARS BEFORE I WAS ON THE BOARD BEFORE THAT. BUT IF THERE ARE ANY QUESTIONS WE CAN ASK THOSE, IF NOT ANY OTHER DISCUSSION BY THE BOARD.

THANK YOU, MR. HUCKER. THANK YOU. I'D LIKE TO MAKE A MOTION, MR. JOHNSON. I'M SORRY. IT'S A PUBLIC HEARING. IS THERE ANYONE IN THE AUDIENCE OR ON WEBEX THAT WISHES TO SPEAK EITHER IN FAVOR OR IN OPPOSITION TO THIS CASE? THERE'S NO ONE ON WEBEX FOR THIS CASE.

HEARING? NO. NO ONE. THEN, MR. JOHNSON, ARE YOU READY TO MAKE A MOTION ON THIS? ON THIS ONE, I MOVE, I MOVE THAT WE APPROVE THIS CONDITION.

USE PERMIT SUBJECT TO CONDITION RECOMMENDED BY STAFF.

AND IT IS CONSISTENT WITH THE COMPREHENSIVE PLAN.

AND THE ZONING ORDINANCE OF THE PROJECT IS NEARLY COMPLETED.

AND OUR OWNER WILL RESTORE THE LAND TO A MORE NATURAL STATE.

OKAY. WE HAVE A MOTION BY MR. JOHNSON. DO WE HAVE A SECOND TO THAT MOTION? I'LL SECOND. SECOND BY MR. BROADWAY. ALL IN FAVOR OF THE MOTION, SAY AYE.

AYE. IS THERE ANYONE OPPOSED? HEARING NONE. THE MOTION CARRIES.

AND THIS CONDITIONAL USE PERMIT CASE IS APPROVED.

OKAY. THANK YOU. GENTLEMEN. SEE YOU BACK IN TWO YEARS, MR. HOOKER. PROBABLY. MR.. WE'LL SEE, MR. HOOKER AT THE END OF THE AGENDA.

YEAH. OKAY. THANK YOU. I BELIEVE WE HAVE MISS WALLER RECONFIGURED NOW, MISS WALLER.

[3a. CUP-2026-101459 Lavonda Waller: conditional use permit to provide daycare for up to 12 children in the home at 3804 Benton Avenue, East Highland Park, Fairfield. Parcel 798-736-0598. Zoning: R-4, One-Family Residence District. Code Section: 24-4402. Fairfield ]

[00:20:07]

I HAVE A NICE SIZED FRONT YARD, A NICE SIZED BACKYARD.

I AM CURRENTLY KEEPING FOUR CHILDREN IN MY RESIDENCE, WHICH I HAVE BEEN KEEPING SINCE SEPTEMBER.

I ACTUALLY HAVE DONE OVER MY BACKYARD WHERE I'VE ADDED IN THE FENCE, WHICH WASN'T THERE.

BECAUSE THIS HOUSE WAS PURCHASED IN 2023 WHEN IT WAS A NEW CONSTRUCTION HOME.

SO I'VE ADDED IN A PRIVACY FENCE IN THE BACKYARD.

I'VE ACTUALLY JUST COMPLETED A PLAYGROUND FOR THE CHILDREN IN THE BACK AND HAVE ADDED IN A COUPLE OTHER LITTLE SAFETY THINGS JUST TO MAKE SURE THAT THE CHILDREN ARE SAFE IN MY HOME AND OUTSIDE OF MY HOME. I'VE ADDED IN ACTUALLY SECURITY LIGHTING OUT FRONT BECAUSE I KNOW AS WE GET INTO THE FALL, IT DOES SEEM TO GET A LITTLE DARKER. SO IN THE FRONT YARD, I'VE GONE DOWN THE DRIVEWAY WITH ACTUAL SECURITY LIGHTS AND ADDED LIGHTS ON THE HOME TO ACTUALLY ILLUMINATE THE FRONT YARD FOR EVENING PICKUPS OR THE EARLY MORNING PICK UP DROP OFFS.

I AM ASKING TO BE LICENSED FOR 12 KIDS. RIGHT NOW I'M VOLUNTARILY REGISTERED WITH HENRICO COUNTY, WHICH DOES ALLOW ME TO KEEP FOUR CHILDREN CHILDREN THAT ARE SUBSIDY AND PRIVATE.

I'M ASKING TO BE ABLE TO KEEP UP TO 12 CHILDREN, WHICH I HAVE TAKEN ON AN ASSISTANT TO BE ABLE TO DO SO IN MY HOME.

SO THAT'S MY REQUEST. AND IN ORDER TO BE LICENSED BY HENRICO COUNTY, YOU DO HAVE TO HAVE THE ZONING TAKEN CARE OF.

SO THAT'S MY REASON FOR COMING UP ON THE DOCKET TODAY.

JUST REQUESTING TO BE ABLE TO CARE FOR 12 CHILDREN WITHIN THE COMMUNITY.

THANK YOU, MISS WALLER, FOR THAT EXPLANATION.

DOES ANYONE ON THE BOARD DID YOU HEAR HER ANSWER TO THE QUESTION, MR. GREEN, THAT SHE IS ALREADY KEEPING FOUR CHILDREN AND HAS BEEN SINCE FOR THE PAST YEAR OR SO.

YEAH, YEAH, I DID GET ONE PHONE CALL FROM A NEIGHBOR WHO HAD NO OPPOSITION.

OKAY. IS THERE ANYONE ELSE HAVE ANY QUESTIONS FOR MISS WALLER? YOU DO RESIDE IN THIS HOUSE, RIGHT? CORRECT. YES, SIR.

ME AND MY TWO CHILDREN ACTUALLY DO RESIDE HERE.

I HAVE A 20 YEAR OLD WHO IS A STUDENT AT VIRGINIA UNION UNIVERSITY.

AND THEN I HAVE AN EIGHTH GRADER WHO IS IN THE IB PROGRAM AT FAIRFIELD MIDDLE SCHOOL.

VERY GOOD. THANK YOU. ANY OTHER QUESTIONS? HEARING NONE, WE'LL OPEN UP THE PUBLIC HEARING.

IS THERE ANYONE IN THE AUDIENCE ON WEBEX WHO WISHES TO SPEAK IN FAVOR OR IN OPPOSITION TO THIS CASE? WALLER IS THE ONLY ONE ON WEBEX FOR THIS CASE.

OKAY. HEARING NONE. THEN WE'LL CLOSE THE PUBLIC HEARING.

AND IF THERE'S NO MORE DISCUSSION, WE WILL ENTERTAIN A MOTION ON THIS CASE.

MR. MASSEY? YES. WE APPROVED THE CONDITIONAL USE PERMIT, SUBJECT TO THE CONDITIONS RECOMMENDED BY THE STAFF.

IT IS CONSISTENT WITH THE COMPREHENSIVE PLAN AND THE ZONING ORDINANCE.

THE LOCATIONS ON THE QUIET STREET WITH LITTLE TRAFFIC.

THE FENCE AROUND THE YARD WILL PROVIDE SAFETY AND PRIVACY.

WE HAVE A MOTION BY MR. MASSIE TO APPROVE THE CASE.

DO WE HAVE A SECOND? SECOND? SECOND. SECOND BY MR. GREEN. ALL IN FAVOR, SAY AYE. AYE AYE AYE. IS THERE ANYONE OPPOSED? HEARING NONE. THE CASE IS APPROVED. AND THANK YOU, MISS WALLER.

THANK YOU. HAVE A GREAT DAY. YOUR PROPERTY IS VERY ATTRACTIVE TO YOU, BY THE WAY.

IT LOOKS LIKE. NICELY MAINTAINED. THANK YOU. I TRY TO PUT A LOT OF CARE INTO IT.

I WANT IT TO BE WELCOMING AND ACTUALLY A GOOD PLACE FOR ME AND MY KIDS ALSO.

BUT THANK YOU SO VERY MUCH. HAVE A GREAT DAY.

WISH YOU ALL THE LUCK. BEST OF LUCK. ALL RIGHT.

OUR NEXT CASE IS CONDITIONAL USE PERMIT 2026 NUMBER 101785 CHARLOTTE VASEY.

[3b. CUP-2026-101785 Charlotte Vasi: conditional use permit to keep six hens in the rear yard at 2407 Lincoln Avenue, Chilgath, Brookland. Parcel 779-750-3501. Zoning: R-3, One-Family Residence District. Code Section: 24-4420.G.1. Brookland ]

MISS VASEY IS ON WEBEX. IS THERE ANYONE IN THE ROOM WHO INTENDS TO SPEAK TO THIS CASE? OH, OKAY. I WAS TOLD YOU WERE ON WEBEX. SO YOU'RE IN TWO PLACES AT ONCE.

WOULD YOU PLEASE STAND AND BE SWORN IN? RAISE YOUR RIGHT HAND, PLEASE.

DO YOU SWEAR THE TESTIMONY YOU'RE ABOUT TO GIVE IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH, SO HELP YOU GOD. THANK YOU. MISS ROSMUS.

THANK YOU, MR. SECRETARY. GOOD MORNING. BOARD. THE SUBJECT PROPERTY IS LOCATED AT 2407 LINCOLN AVENUE, 400FT NORTH OF HILLIARD ROAD IN THE BROOKLYN MAGISTERIAL DISTRICT.

THE CAPE COD STYLE HOME IS SITUATED ON A 0.37 ACRE LOT AND IS 1408FT² WITH AN ATTACHED WITH A DETACHED GARAGE IN THE REAR YARD.

THE AREA SURROUNDING THE SUBJECT PROPERTY IS ZONED R3 ONE FAMILY RESIDENCE AND IS CHARACTERIZED BY SINGLE FAMILY HOMES ON LOTS RANGING FROM ONE FOURTH TO ONE HALF ACRE IN

[00:25:08]

UPON LOOKING AT THE REAR OF THE RESIDENCE, IT LOOKS LIKE MISS VASEY HAS PLENTY OF ROOM TO OCCUPY THE COOP, AND THEN SHE HAS SOME GOOD COVERAGE IN THE REAR TO KIND OF HAVE SOME SCREENING BETWEEN HER NEIGHBORS, AS LONG AS THE PROPERTY CONTINUES TO BE WELL MAINTAINED.

STAFF DOES NOT ANTICIPATE ANY ADVERSE IMPACT TO THE SURROUNDING AREA.

WE DID RECEIVE ONE COMMENT IN SUPPORT OF THE CASE.

THE NEIGHBOR. I BELIEVE THEY ARE ACROSS THE STREET, BUT I, I DIDN'T WRITE DOWN THE ADDRESS.

THE SUGGESTED CONDITIONS WOULD REQUIRE THE APPLICANT TO KEEP THE HENS ENCLOSED OR FEED SECURELY, CLEAN UP WASTE AND CONSULT A PEST CONTROL SPECIALIST.

STAFF RECOMMENDS APPROVAL SUBJECT TO CONDITIONS INCLUDING THE STAFF REPORT.

I CAN ANSWER ANY QUESTIONS. THANK YOU, MISS ROSMUS.

ANYONE FROM THE BOARD HAVE ANY QUESTIONS, MR. ROSMUS, BEFORE WE HEAR FROM THE APPLICANT. HEARING NONE.

THEN WE WILL HEAR FROM THE APPLICANT. MISS VASEY, IF I'M PRONOUNCING THAT CORRECTLY.

OKAY. IF YOU CAN RESTATE YOUR NAME FOR THE RECORD, MA'AM.

MY NAME IS CHARLOTTE VASEY, VASI. AND IF YOU COULD JUST ELABORATE ON THE CASE A LITTLE BIT, WHAT YOUR. ON YOUR REQUEST? SURE. SO MY INTENTION IS TO HAVE SIX HENS IN THE REAR OF OUR YARD.

THEY'D LIKELY BE MORE PETS THAN ANYTHING. BUT WE WANTED TO MAKE SURE THAT WE ABIDED BY THE COUNTY REQUIREMENTS AND, AND WENT ABOUT THE PROCESS OF MAKING SURE WE HAD ALL OF OUR DUCKS AND CHICKENS IN A ROW BEFORE, YOU KNOW, MOVING FORWARD WITH IT. SO IT'S PRETTY SIMPLE.

OTHER THAN THAT, I MEAN, I CAN I CAN GO INTO DETAIL ABOUT THE TYPES OF CHICKENS WE'LL HAVE OR THE COOP SET UP, BUT IT'S, IT'S ACTUALLY PRETTY NICE. YEAH. COULD YOU TALK ABOUT THE COOP SETUP? YEAH. I THINK THE STAFF REPORT SAID THAT YOU DIDN'T HAVE A SPECIFIC PLAN AT THIS POINT.

I'M SURE YOU'RE AWARE OF WHAT THE REQUIREMENTS ARE.

A LITTLE DISAPPOINTED BECAUSE I DID ACTUALLY IN THE APPLICATION PROCESS, INCLUDE A PICTURE OF THE COOP THAT WILL HAVE THERE, BUT IT'S MADE BY A COMPANY CALLED OMLET. IRONICALLY, OMLET IT'S A UK COMPANY.

BUT IT'S A REALLY KIND OF PRETTY INTERESTING DESIGN.

SO THERE IS A COOP THAT'S MADE OUT OF A HARDENED PLASTIC MATERIAL THAT ALLOWS FOR VENTILATION IN THE WINTER AND IN THE SUMMER.

IT ACTUALLY HOLDS A LOT MORE CHICKENS, BUT I WANT THEM TO HAVE A LOT OF ROOM.

AND THEN OUTSIDE OF THAT IS WHAT I CALL A WALK IN AND RUN.

SO IT'LL BE PROBABLY ABOUT 12FT BY 16FT. IT HAS PREDATOR PROOFING ALL AROUND THE BOTTOM TO KEEP THE CHICKENS SAFE SO NOTHING CAN GET TO THEM.

AND IT'S A, IT'S A PRETTY NICE SETUP. DIFFERENT FEEDER OPTIONS.

YOU KNOW, AUTOMATIC FEEDERS, THINGS LIKE THAT. YOU DID, YOU SAID YOU DID PRESENT A PHOTOGRAPH OR WITH THE APPLICATION.

DO WE HAVE THAT MISS. I DIDN'T SEE THAT IN THE STAFF REPORT.

I APOLOGIZE. I THAT DIDN'T SOMEHOW MAKE IT TO ME.

IT'S OKAY. IT'S AN ATTACHMENT. I THOUGHT IT MIGHT HELP MR. GREEN TO HAVE A LITTLE BETTER IDEA OF WHAT IT LOOKS LIKE, AND THE REST OF US TOO.

BUT IF YOU HAVE ACCESS TO THE INTERNET IN THIS SESSION, I DON'T KNOW IF YOU DO, BUT IT'S A QUICK, YOU KNOW, GOOGLE SEARCH FOR OMELET STAFF REPORT.

I THOUGHT IT SAID THAT YOU HAD NOT DEVELOPED A DESIGN YET.

SO WE NOT ONLY HAVE IT, BUT WE ACTUALLY HAVE THE COOP AND.

OKAY. CAN WE MAKE SURE IN THE FUTURE, IF WE HAVE INFORMATION LIKE THAT, WE CAN INCLUDE THAT? YEAH, WE CERTAINLY DO. I DON'T KNOW WHAT HAPPENED IN THIS CASE, BUT DO YOU HAVE AN INTERNET? YOU CAN SEE IT. JUST CURIOUS. OKAY. YEAH. I'M NOT SURE HOW TO GET IT FROM THIS SCREEN TO THE PROJECTOR.

SO CAN YOU SEE IT? IT. LOOK. I KNOW WHEN I CHECK ON THE APPLICATION ONLINE AND LOOK AT THE ATTACHMENTS, I CAN SEE ALL OF THE. I CAN SEE IT IN THERE. THAT LITTLE GREEN BOX NEXT TO THE RIGHT OF THE GARAGE THERE, THAT'S ACTUALLY A SMALLER VERSION OF A COOP WE HAD.

[00:30:02]

BUT IT ALLOWS YOU TO KIND OF GET THE EGGS FROM THE BACK AND TRAYS TO PULL OUT TO KEEP THINGS REALLY CLEAN.

AND THEN IF YOU CAN IMAGINE, JUST SORT OF LIKE A, A LARGE WALK AND RUN THAT THAT IS ENCASED IN WHAT? I UNFORTUNATELY, I THOUGHT YOU HAD ALL THAT. SO I WOULD HAVE BORROWED A HARD COPY TO SHARE WITH YOU. THAT'S OKAY. BUT MAYBE, MAYBE IF THIS CASE IS APPROVED AND YOU INVITE US OVER TO GIVE US SOME EGGS, YOU CAN YOU CAN SHOW US THE COOP AT THAT TIME.

ABSOLUTELY. EGGS FOR EVERYONE. THE REASON I ASK.

OH, OKAY. I WANT TO SHOW IT. OKAY. WE GOT. WE FOUND IT ONLINE.

THE ONLY REASON I ASK IS BECAUSE THIS IS VERY INTERESTING, BECAUSE WE GET A LOT OF THESE REQUESTS AND YOU LEARN SOMETHING NEW EVERY TIME.

AND ONE PERSON THAT CAME IN TO TALK TO US ABOUT A COOP, THEY TALKED ABOUT BUILDING A, THEY HAD TO REALLY KIND OF GO DOWN INTO THE GROUND AND PUT SOMETHING TO KEEP IT FROM BEING PREDATOR PROOF.

AND SO IT'S JUST FASCINATING TO HEAR HOW PEOPLE ARE BUILDING THEM AND LEARNING THEM.

SO IT'S JUST, IT'S ALWAYS GOOD TO LEARN SOMETHING.

AND I SEE YOURS SEEMS TO BE ABOVE GROUND. YOU KNOW, IT'S FUNNY.

I THINK EVERYBODY'S GOT A DIFFERENT PERSPECTIVE ON, YOU KNOW, THE BEST TYPE OF COOP, YOU KNOW? BUT I REALLY WANTED SOMETHING THAT WOULD KEEP THEM SAFE, WARM, AND HAPPY.

AND I FOUND THAT EUROPEAN COMPANY, THEY'RE NOT INEXPENSIVE.

IT'S, IT'S A, IT'S AN INVESTMENT. BUT YEAH, THEY, THEY, YOU KNOW, AT NIGHT THEY GO UP THE LITTLE RAMP, TUCK THEMSELVES IN. THERE'S A LITTLE AUTOMATIC DOOR THAT SHUTS IF YOU CHOOSE TO.

AND AND THE PREDATOR PROOFING ACTUALLY GOES ON THE GROUND AROUND THE PERIMETER OF THE WHOLE THING.

AND IT REALLY KEEPS FOXES AND RACCOONS AND DIFFERENT THINGS BECAUSE ONCE THEY START DIGGING, THEY HIT THAT METAL AND THEY JUST GIVE UP. SO.

BUT YEAH. AND THEY'RE WE'VE HAD THEM IN THE CITY IN A PROPERTY WE HAD IN RICHMOND.

AND SO WE KNOW IT WORKS REALLY WELL. AND IT'S, YOU KNOW, OUR YARD AT THIS PROPERTY IS SET BACK.

BUT IN THE CITY, THEY'RE SUPER POPULAR. I MEAN, WE HAVE PEOPLE THAT COME BY JUST TO SEE THEM.

SO THEY'RE FUN TO HAVE AS PETS TOO. THANK YOU.

HAVE YOU HAD ANY PROBLEM IN THE PAST WITH YOU MENTIONED FOXES AND OR SNAKES? COPPERHEADS BEING ATTRACTED TO THE HENS. I HAVE NEVER SEEN A COPPERHEAD IN THE CITY OF RICHMOND WHERE I'VE LIVED, BUT AND WE'VE PAID CLOSE ATTENTION TO WHAT'S AROUND THERE.

I HOPE I NEVER SEE A COPPERHEAD. BUT NO, WE MUST HAVE SENT THEM ALL TO MY NEIGHBORHOOD.

YEAH. WE DON'T REALLY HAVE SNAKES. AND IT'S THEY'RE PRETTY, THEY'RE, THEY'RE PRETTY CLEAN ANIMALS.

I MEAN, YOU KNOW, YOU HEAR DIFFERENT THINGS GROWING UP ABOUT WHAT CHICKENS ARE LIKE, BUT THEY'RE, THEY'RE VERY CLEAN. AND WE DO A GOOD JOB OF KEEPING IT THAT WAY.

AND WHAT'S, WHAT'S THE LIFE EXPECTANCY AGAIN, USUALLY.

WELL, SO THEY, THEY LIVE, IF YOU REALLY TAKE GOOD CARE OF THEM, YOU CAN, THEY CAN LIVE UP TO EIGHT YEARS, MAYBE A LITTLE LONGER, BUT THEY STOP LAYING EGGS AFTER A COUPLE OF YEARS.

SO, YOU KNOW, MOST PEOPLE WILL GET RID OF THEM, BUT WE JUST KEEP THEM BECAUSE WE WHAT WE CALL IT CHICKEN TV, YOU KNOW, BUT WE SIT OUR CHAIRS OUT AT NIGHT AND WATCH AND WALK AROUND.

IT'S MORE ENTERTAINING THAN TELEVISION. SO PRETTY, PRETTY NICE LITTLE HOBBY.

THANK YOU. OKAY. THANK YOU. ANY OTHER QUESTIONS FROM THE BOARD? FROM US? NOT A QUESTION, BUT WOULD MAKE A COMMENT.

I NOTICE THAT YOU HAVE A LETTER OF SUPPORT FROM AT LEAST JENKINS.

I'M SORRY. WHAT? YOU HAVE A LETTER OF SUPPORT FROM ALEX JENKINS.

OH, YEAH. THAT'S THE NEIGHBOR ACROSS THE STREET.

YEAH, WELL, SHE USED TO BE MY CAT SITTER, AND SO I KNOW SHE WOULD NOT RECOMMEND YOU UNLESS SHE WAS SURE YOU WOULD TAKE GOOD CARE OF THE OF THE HENS. THAT'S FUNNY. I THINK SHE'S STILL IN THAT BUSINESS.

I THINK SHE STILL DOES THAT. I ASK THAT QUESTION.

YEAH, YEAH. SHE TAKES HER ANIMALS VERY SERIOUSLY.

SO HER ANIMAL CARE. SO THAT'S THAT'S NICE TO KNOW.

THE SCREEN NOW HAS THE IMAGE OF THE COOP ON IT.

OH, OKAY. OH YES. OKAY. BUT YOU DON'T HAVE THAT BIG CAGE THING DO YOU.

OH YEAH. THAT'S THE WALK AND RUN. OH, OKAY. AND SO IT'S GOT A LITTLE DOOR SO YOU CAN WALK IN, PUT FOOD DOWN, INTERACT WITH THEM IF YOU WANT TO.

AND THAT GIVES THEM COVERED SPACE TO BE SAFE AND WALK AROUND TOO.

[00:35:02]

OURS. YOU CAN YOU CAN DO DIFFERENT DIMENSIONS, BUT HOURS IS, I THINK, 7 OR 8FT TALL.

OKAY. BY ABOUT 12FT WIDE. MAYBE IT LOOKS TALLER IN THE PHOTOGRAPH, BUT MAYBE BECAUSE OF THE ANGLE THAT'S TAKEN.

AND THE MOUNTAINS. YEAH. YEAH. YOU HAVE MOUNTAINS IN YOUR BACKYARD.

I WISH THAT WAS MY BIRTHDAY, BUT. NO, THAT'S NOT IT.

OKAY. ANY OTHER QUESTIONS, MR. BROADWAY OR ANYBODY ELSE ON BOARD? OKAY. NO, SIR. THANK YOU, MISS BOSSY. APPRECIATE THAT.

WE'LL OPEN UP THE PUBLIC HEARING NOW AND SEE IF THERE'S ANYONE IN THE AUDIENCE OR ON WEBEX WHO WISHES TO SPEAK IN OPPOSITION IN SUPPORT OF THE CASE. HEAR NONE. BEFORE I MAKE A MOTION ON THE CASE, I DO WANT TO SAY I'VE SEEN THE PROPERTY AND IT'S VERY WELL MAINTAINED. LOOKS LIKE YOU'VE GOT A LOT OF SPACE IN YOUR BACKYARD.

FROM WHAT I COULD SEE FROM THE STREET, IT LOOKS LIKE IT'S A GOOD SITUATION.

IT LOOKS LIKE IT'S BUFFERED AROUND THE PERIMETER TO HAVE MINIMAL IMPACT ON THE NEIGHBORS, I THINK.

AND, YOU KNOW, I'VE LIVED IN, I THINK HENRICO COUNTY FOR ALMOST 40 YEARS.

AND HONESTLY, I DON'T THINK I'VE EVER BEEN IN YOUR NEIGHBORHOOD BEFORE. IT'S A REALLY NICE NEIGHBORHOOD.

YOU'VE GOT SOME NEAT HOMES AND ARCHITECTURE AND THE HOMES ARE VERY WELL MAINTAINED.

SO IT LOOKS LIKE A VERY, VERY NICE COMMUNITY.

IT'S A NICE LITTLE POCKET RIGHT BEHIND LEWIS GINTER, A SWEET SPOT OF THE AREA.

I'VE BEEN VERY CLOSE TO IT MANY TIMES, BUT I JUST NEVER HAD THE OPPORTUNITY TO RIDE BACK IN THERE.

BUT MAYBE IF I ENGAGE YOUR CAT SITTER, I MAY HAVE THAT OPPORTUNITY.

HAVING SAID THAT, I'M GOING TO GO AHEAD AND MAKE A MOTION THAT WE APPROVE.

THIS CONDITIONAL USE PERMIT, SUBJECT TO THE CONDITIONS RECOMMENDED BY THE STAFF, IS CONSISTENT WITH THE COMPREHENSIVE PLAN AND THE ZONING ORDINANCE.

THE LOT IS VERY DEEP, AND THE EXISTING GARAGE WILL PROTECT THE NEIGHBOR ON ONE SIDE.

TWO OF THE NEIGHBORS HAVE EXPRESSED SUPPORT. DO I HEAR A SECOND TO THAT MOTION? SECOND. ALL RIGHT. MR.. BROADWAY MOTION BY THE CHAIR, MR. LAWRENCE. SECOND BY MR. BROADWAY, VICE CHAIR.

ALL IN FAVOR, SAY AYE. AYE. AYE. IS ANYONE OPPOSED? HEARING NONE. THIS CONDITIONAL USE PERMIT IS APPROVED.

THANK YOU SO MUCH. THANK YOU, MISS VOSS. WE HAD A VARIANCE.

2026 101507. BILL SHOEMAKER FOR KENNETH MCINTYRE.

[4. VARIANCES]

THE NEXT CASE IS VARIANCE 2026 NUMBER 101713.

[4a. VAR-2026-101713 VAR-2026-101713 Andrew Robertson: variance from the side yard setback to build a carport at 10104 Deepwood Circle, Raintree, Tuckahoe. The applicant has 7 feet side yard setback where the Zoning Ordinance requires 11 feet side yard setback. The applicant requests a variance of 4 feet side yard setback. Parcel 745-746-0472. Zoning: R-2A, One-Family Residence District. Code Section: 24-3105.E.5. Tuckahoe ]

DEEP WOOD CIRCLE IN RAINTREE IN THE TUCKAHOE MAGISTERIAL DISTRICT.

WOULD EVERYONE WHO INTENDS TO SPEAK TO THIS CASE PLEASE STAND AND BE SWORN IN? RAISE YOUR RIGHT HANDS, PLEASE. DO YOU SWEAR THE TESTIMONY YOU'RE ABOUT TO GIVE IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH, SO HELP YOU GOD. THANK YOU. MISS RASMUS. THANK YOU SIR. SUBJECT PROPERTY IS LOCATED AT 10104 DEEP WOOD CIRCLE.

IT IS 730FT FROM THE ROAD IN THE TUCKAHOE MAGISTERIAL DISTRICT.

THE PROPERTY IS SITUATED ON A 0.37 ACRE LOT, IMPROVED WITH A 2160 SQUARE FOOT CONTEMPORARY STYLE HOME SITUATED IN THE CENTER OF THE LOT. THE APPLICANT IS REQUESTING A VARIANCE TO THE SIDE YARD SETBACK TO BUILD AN ATTACHED CARPORT ON THE PROPERTY.

THE CARPORT WOULD BE 18.875FT BY 24FT IN SIZE, AND WOULD ENCROACH INTO THE REQUIRED 11 FOOT SIDE YARD SETBACK.

AS A RESULT, THE APPLICANT IS REQUESTING A SIDE SETBACK VARIANCE.

UPON EVALUATING THIS REQUEST. STAFF LOOKED AT THE LEGAL REQUIREMENTS FOR VARIANCE AND DETERMINED THAT THE CASE DOES NOT MEET THE LEGAL REQUIREMENTS FOR A VARIANCE. THE. OF. OF THE THRESHOLD TESTS. NONE OF THEM WERE MET.

THE SAID SIDE YARD SETBACK IS REASONABLE AND HAS NOT CHANGED SINCE THE HOUSE HAS BEEN BUILT.

IN ADDITION TO THRESHOLD TEST, THE CODE OF VIRGINIA REQUIRES ALL FIVE SUB TESTS TO BE MET FOR A VARIANCE TO BE GRANTED.

THE APPLICATION DOES NOT APPEAR TO MEET THE FIRST SUB TEST BECAUSE OF THE HARDSHIP, IF ANY, IS SELF-CREATED BECAUSE THE APPLICATION DOES NOT MEET ANY OF THE LEGAL REQUIREMENTS FOR A VARIANCE, STAFF DOES RECOMMEND DENIAL. HOWEVER, I WILL SAY THAT THE THE CARPORT IS GOING ON THIS RIGHT SIDE AND THE RIGHT SIDE NEIGHBOR THAT WOULD BE DIRECTLY IMPACTED BY THE CARPORT HAS GIVEN A COMMENT IN SUPPORT OF THE CASE.

SO ANY DETRIMENTAL IMPACT WOULD BE MADE, YOU KNOW, TO THEM AND THEY THEY SEEM FINE WITH IT.

THE CONCEPT PLAN HAS SOME VERY NICE RENDERINGS OF THIS CARPORT.

IT GOES ALONG WITH THE ARCHITECTURAL DESIGN OF THE HOME.

[00:40:02]

WE TALKED OVER EMAIL AND I RECOMMENDED THAT HE DISCUSS THAT WITH THE BOARD.

IF IT GETS APPROVED OF MOVING IT INWARDS. JUST A JUST A SMIDGE ABOUT A FOOT.

SO NOT NOT A HUGE CHANGE. JUST, YOU KNOW, MORE OR LESS MAKING THE VARIANCE JUST A REQUEST, JUST A LITTLE, A LITTLE SMALLER. SO WHEN YOU SAY INWARDS, YOU MEAN IT WOULD ACTUALLY BE FURTHER FROM FROM THE PROPERTY LINE.

YES, YES. LOOKING AT THE HOUSE WOULD BE LEFT AND I CAN, I CAN ANSWER ANY QUESTIONS, BUT THIS PICTURE WE'RE LOOKING AT NOW SHOWS IS THAT CARPORT THAT HE'S PROPOSING TO BUILD. YES, THE CARPORT IS RIGHT HERE, BUT I THOUGHT IT WAS ON THE SIDE AND EXTEND EVEN FURTHER.

SO NO, IT'S IT'S KIND OF THE THE ORIGINAL RENDERING IS A LITTLE CLEARER.

IT'S THERE'S LIKE A LITTLE BIT OF THE HOUSE THAT GOES OVER HERE.

SO IT'S KIND OF LIKE IN FRONT OF THAT'S IT. YEAH.

PROBLEM IS THAT THE SIDE LOT LINE IS AT AN ANGLE TO THE HOUSE.

IF THE LOT LINE WAS PARALLEL, IT WOULD BE FINE.

NO, THE IMPRESSION I GOT WAS THAT IT WOULD BE BESIDE THE HOUSE EVEN FURTHER.

NO. YEAH. NO, I DON'T THINK THAT THEY COULD SQUEEZE IT THERE.

JUST TO CLARIFY, MR. RASMUS, TO IF THIS REQUEST HAD BEEN MADE PRIOR TO 2022, THE VARIANCE WOULD ACTUALLY BE THREE QUARTERS OF A FOOT AS OPPOSED TO FOUR FEET. IS THAT CORRECT? BECAUSE THE ORDINANCE WAS CHANGED IN 2022 TO REQUIRE A WIDER SET SETBACK, SIDE YARD SETBACK FOR THIS DISTRICT? YES. THE CONTROLLED DENSITY CONTROL DENSITY REQUIREMENT WAS EIGHT FEET.

YES. SO IT'S ACTUALLY THREE FOOT DIFFERENCE. YEAH.

8FT TO 11FT. YEAH. I MEAN, IT WOULDN'T REALLY IT STILL WOULDN'T.

IT WOULD STILL NEED A VARIANCE. YEAH. IT DOESN'T REALLY. IT'D BE THREE QUARTERS OF A FOOT AS OPPOSED TO 4 TO 4FT.

YEAH. YEAH. VARIANCE WOULD STILL BE REQUIRED.

BUT YEAH, THAT LITTLE, LITTLE BIT OF EXTRA SPACE AND MOST OF MOST OF IT IS MOST OF THIS CARPORT IS ACTUALLY I SAY MOST PROBABLY ABOUT HALF OF IT WOULD YOU SAY IS INSIDE THE THE SETBACK. IT'S THAT PIECE THAT COMES OUT THE FRONT RIGHT CORNER.

YEAH. WELL YEAH. WELL YEAH. MUCH MORE THAN I HAVE THE.

YEAH. I HAVE A BETTER PICTURE. THERE YOU GO. YOU CAN SEE THIS LITTLE CORNER SHADED AREAS.

THE PROBLEM THAT'S REALLY WHERE THE THE IMPACT IS.

AND IT'S YOU KNOW, SO YOU'D LIKE TO SAY WE'LL JUST CUT THAT OFF.

BUT THEN YOU, YOU KNOW, IT'S A FUNCTIONALLY IT'D BE VERY DIFFICULT TO GET CARS IN AND OUT OF THERE.

LOOK KIND OF WEIRD. THAT'S NOT A GOOD SOLUTION. AND THAT SHADED AREA IS HOW MUCH SQUARE FOOTAGE.

I IT'S NOT THAT MUCH. NO IT'S NOT. IT WOULDN'T MATTER.

39FT², SAYS THE ARCHITECT, WHICH IS. YOU KNOW, HERE TO THERE.

OKAY. WE DID DISCUSS, YOU KNOW, COULD THEY LOCATE THE CARPORT ON THE OTHER SIDE? AND THIS THIS LOT HAS A LOT OF MATURE TREES. AND THERE'S A LITTLE BIT OF A SLOPE, NOT A SIGNIFICANT SLOPE, BUT YOU CAN KIND OF SEE IT FROM THE, FROM THE STREET.

SO LOCATING THE CARPORT ON THE OTHER SIDE JUST WOULDN'T REALLY MAKE A TON OF SENSE.

THEY WOULD HAVE TO REMOVE TREES, CHANGE THE DRIVEWAY.

BUT IF THEY DID PUT IT ON THE OTHER SIDE, IT WOULD MEET SETBACKS. THEORETICALLY, YEAH.

BUT THEY WOULD HAVE TO CUT ANOTHER DRIVEWAY. YES.

THERE WOULD, THERE WOULD BE A LOT OF OTHER CHANGES THAT WOULD NEED TO BE MADE. SO, YOU KNOW, THEORETICALLY, YES. COULD IT GO ON THE OTHER SIDE? SURE. BUT IN A PRACTICAL SENSE, YEAH. SO DEALING WITH THE FRONTAGE OF THIS LOT IS BY ANY CHANCE, MR. RASMUS, THE. THE FRONT SETBACK OR JUST THE FRONT? THE FRONT WIDTH OF THE LOT. OFF THE TOP OF MY HEAD, I DO NOT.

IS THERE A SURVEY IN THE CONCEPT PLAN? I DON'T REMEMBER SEEING ONE PUT THAT IN.

THERE MIGHT BE. IF YOU DID HAVE ONE. I DIDN'T PUT IT IN THIS PRESENTATION.

I APOLOGIZE FOR THAT. I THINK IT WAS PART OF IT. OH, YEAH. THERE IT IS. YEAH, THERE'S ONE IN THE FOLDER.

THE WELL, IT'S A CURVE, SO YOU CAN'T TELL THE REAR LOT LINE IS 138 IF THAT HELPS.

YEAH. SO BUT THE FRONT LOT LINE IS WELL YEAH, THE WIDTH IS BETWEEN 110 AND 120 BECAUSE THAT'S HOW WE DETERMINE THE SETBACK.

BUT IT'S 138 ON THE BACK. YEAH. YEAH. SO THE LOT WERE CONFIGURED SQUARE.

THEY WOULD MEET THE SETBACK REQUIREMENT. RIGHT.

RIGHT. YEAH. THEY'RE ON THE OUTSIDE OF THE CURVE, SO THE LOTS FAN OUT.

GOTCHA. AND YOU CAN SEE THE LOTS ALL ON THAT SIDE.

[00:45:02]

THE HOUSE KIND OF CATTY CORNER TO THIS ONE DOES HAVE A CARPORT, BUT IT DOES MEET SETBACKS.

AND THERE ARE THERE'S ANOTHER ONE THAT'S KIND OF A DOWN IN THE NEIGHBORHOOD.

OKAY. ALL RIGHT. ANY OTHER QUESTIONS FROM THE BOARD FOR MISS ROSS? MR.. DO YOU HAVE ANY QUESTIONS FOR ME? NO. LET'S HEAR FROM THE APPLICANT.

OKAY. WE'LL HEAR FROM THE APPLICANT NOW. WHO IS MR. ROBERTSON? OR MAYBE MR. ROBERTSON'S REPRESENTATIVE, IF YOU CAN.

JUST FOR THE RECORD, IDENTIFY YOUR NAME AND. SURE.

THANK YOU. GOOD MORNING. I'M ANDREW ROBERTSON.

FIRST I WANT TO MENTION I REALLY APPRECIATE THE STAFF'S REVIEW. THIS THIS IS A BIT OF A TRICKY CASE.

AND YOU KNOW, I WANTED TO MAKE SURE WE WERE GOING THROUGH ALL THE RIGHT STEPS TO MAKE SURE THAT THIS PROJECT MET STANDARDS.

YOU KNOW, WE GOT A LETTER SIGNED FROM OUR NEIGHBOR. WE WENT THROUGH THE APPROVAL PROCESS.

I'M REALLY TRYING TO APPROACH THIS METHODICALLY BASED ON STAFF'S RECOMMENDATIONS.

YOU KNOW, I FRANKLY SEE WHERE THEY COMING FROM.

RIGHT. AND, AND OUR REQUEST ARISES FROM THE SPECIFIC PHYSICAL CONFIGURATION OF THIS PROPERTY RATHER THAN FROM A CONDITION THAT WE CREATED.

THE HOUSE DRIVEWAY AND THE ANGLED SIDE PROPERTY LINE ALL PREDATE THIS PROJECT.

AND THEIR RELATIONSHIP IS WHAT CREATES THIS CONSTRAINT THAT WE'RE TRYING TO SOLVE.

SO OUR PREFERRED PATH TODAY IS ACTUALLY TO WORK WITH THE COUNTY AND ARCHITECT CHARLES, TO MODIFY THE PLANS SO THAT THE CARPORT CAN MAINTAIN AN EIGHT FOOT SETBACK, WHICH WAS THE APPLICABLE SETBACK WHEN THE HOUSE WAS BUILT.

THE STAFF'S OWN REPORT IDENTIFIES EIGHT FEET AS A POTENTIAL PATH UNDER THE NON-CONFORMING STRUCTURE PROVISION.

AND SO TODAY, OUR ASK IS FOR THE BOARD TO GIVE US AN OPPORTUNITY TO REVISE THE PLANS ACCORDINGLY, RATHER THAN DENY THE APPLICATION OUTRIGHT. OKAY.

MR.. SIR, ARE YOU ASKING THAT WE DEFER YOUR APPLICATION? THIS IS WHERE I COULD USE SOME HELP AROUND WHAT MAKES SENSE PROCEDURALLY.

IT FEELS TO ME, BASED ON STAFF'S RECOMMENDATIONS, THAT THERE'S NO CLEAR PATH TO ACCEPTING THE VARIANCE APPLICATION AS IT STANDS, BECAUSE THE REQUEST IS FOR AN ENTIRE FOUR FEET OF VARIANCE.

AND SO WHAT WE'RE PROPOSING, WHICH WAS ALLUDED TO EARLIER, IS IF WE SHIFTED THE CARPORT OVER EVER SO SLIGHTLY, THEN YOU'RE, YOU'RE IN CONFORMANCE WITH WHAT THE ORIGINAL EIGHT FOOT SETBACK WAS.

AND PERHAPS THAT'S A COMPROMISE PATH THAT COULD BE PURSUED.

MR. ROBINSON, IS THAT YOUR ARCHITECT? IT IS. I'D LIKE TO HEAR FROM THE ARCHITECT, BECAUSE TO BE HONEST WITH YOU, THE DIFFERENCE TO ME REALLY DOESN'T MATTER. SO THE LIKELIHOOD THAT IT COULD BE APPROVED WITHOUT DEFERRING IT, I MEAN, POTENTIALLY. SO I'D LIKE TO HEAR WHAT HE HAS TO SAY BECAUSE YOU SAID IT'S NOT THAT MUCH.

NO IT'S NOT. MY NAME IS CHARLES MCSORLEY. 2420.

DESIGN. I WAS RETAINED BY THE OWNER TO HELP WITH THE DESIGN ON THIS.

WE LOOKED AT IT A LITTLE BIT MORE CAREFULLY BASED ON THE STAFF'S REVIEW.

AND IT WAS GREAT RESEARCH AND INFORMATION TO US THAT ACTUALLY INFORMED US TO TAKE A SECOND LOOK AT IT AND REALIZING THAT, YOU KNOW, IF WE, IF WE SHIFTED OVER LESS THAN A FOOT WE COULD, WE COULD MEET THE ORIGINAL EIGHT FOOT SETBACK AND STILL MAINTAIN THE ABILITY POST TO POST TO GET TWO VEHICLES REALISTICALLY IN AND OUT OF THERE.

IF WE'D KNOWN THAT INFORMATION, I GUESS PRIOR THAT THE EIGHT FOOT WAS THE ORIGINAL SETBACK, I THINK WE WOULD HAVE AMENDED OUR APPLICATION IN THE FIRST PLACE TO ASK FOR THE EIGHT FEET INSTEAD OF THE SEVEN FEET.

WE FEEL PRETTY CONFIDENT WE CAN ACHIEVE A GOOD PATH AND A GREAT PROJECT WITH WITH THE EIGHT FOOT AS OPPOSED TO THE SEVEN FOOT.

SO I DON'T KNOW IF THE PATH FORWARD IS JUST TO AMEND OUR REQUEST OR, OR THE STAFF, OR YOU JUST APPROVE IT AS EIGHT FEET INSTEAD OF SEVEN FEET OR WHAT THE, WHAT THE PATH FORWARD IS.

BUT WE'RE, WE'RE WILLING TO ACCEPT THE EIGHT FEET INSTEAD OF A SEVEN FOOT.

MR. CHAIRMAN, CAN WE APPROVE IT WITH CONDITIONS? WE I MEAN, WE COULD APPROVE IT.

WITH THE AMENDMENT. I THINK THE APPLICANT IS TRYING TO COME TO A COMPROMISE HERE.

MR.. FIELDS ON IT ABOUT THIS. BUT YOU KNOW, TO ME, THE APPLICANT WAS KIND OF PUT AT A DISADVANTAGE WHEN THE ORDINANCE CHANGED FOUR YEARS AGO. AND YOU KNOW, IF HE CAN, IF HE CAN MOVE IT BACK A FOOT, THEN THAT THAT SEEMS TO ME TO BE A LOGICAL COMPROMISE,

[00:50:07]

I THINK IF YOU ARE WILLING TO DO THAT, AND IF YOU WILL GIVE US YOUR WORD ON THAT, I WOULD BE WILLING FOR US TO GO AHEAD AND AND MOVE FORWARD ON IT. IS THERE A WAY TO AMEND THIS? YES. MR. BLANKENSHIP YES, CERTAINLY WE CAN DO THAT.

DO THAT AND GET THIS OUT OF THE WAY TODAY. YOU KNOW, AS WE'VE SAID BEFORE IN OTHER CONTEXTS, I UNDERSTAND THE POSITION OF THE STAFF. THEY'RE OBLIGATED TO A STRICT INTERPRETATION OF THE REGULATIONS, THE ORDINANCES. BUT THE COURT HAS GIVEN US THE ABILITY TO MAKE SOME MODIFICATION WHERE IT'S APPROPRIATE.

AND I THINK THIS MIGHT BE SUCH A CASE. OKAY. SO, MR. BROADWAY, DO YOU WANT TO MAKE A MOTION TO. I'M SORRY.

IT'S A PUBLIC HEARING. NO ONE JUMPED THE GUN.

SO IS THERE ANYONE IN THE AUDIENCE OR ON WEBEX THAT WISHES TO SPEAK IN FAVOR OF THE CASE OR IN OPPOSITION TO THIS CASE? THERE'S NO ONE ELSE ON WEBEX. OKAY, SO HEARING NONE.

WELL, JUST QUICK. YEAH. I THINK THERE'S TWO THINGS IMPORTANT.

ONE. HE STIPULATED THAT THE NEIGHBOR IS FINE WITH IT, AND HE'S RUN IT BY HIS HOA, SO THEY SEEM TO BE OKAY.

THOSE ARE KEY FACTORS WE HAVE THAT I DON'T REMEMBER SEEING.

THE HOA WAS IN HERE. OKAY. I DIDN'T RECALL SEEING THAT.

WELL, THEIR APPROVAL IS CONTINGENT UPON OUR APPROVAL.

RIGHT, RIGHT, RIGHT. OKAY. MR. BROADWAY WILL DEFER TO YOUR MOTION.

DO YOU WISH. I DO WISH TO MAKE A MOTION. I'M NOT QUITE SURE WHAT THE WORDING SHOULD BE.

MAYBE, MR. BLANKENSHIP. CERTAINLY. WE'LL WE'LL SMOOTH IT OUT.

ALL RIGHT. WELL, THEN I WOULD MOVE THAT WE APPROVE THIS VARIANCE, SUBJECT TO THE CONDITIONS THAT WE HAVE DISCUSSED HERE TODAY.

AND NOW A COUPLE OF POINTS. THE NEIGHBOR NEXT DOOR HAS EXPRESSED SUPPORT.

THE HOA HAS EXPRESSED SUPPORT. AND THE DESIGN OF THE CARPORT, AS WE HAVE IT IN HERE, COMPLEMENTS THE EXISTING DWELLING AND THE RAINTREE NEIGHBORHOOD.

SO I WOULD MOVE APPROVAL. SECOND. OKAY. AND YOUR LET ME JUST CLARIFY THE MOTION, MR. BROADWAY. YOU'RE YOU'RE MAKING A MOTION TO APPROVE THE CASE AS PRESENTED WITHOUT THE AMENDMENT THAT WAS DISCUSSED BY THE APPLICANT.

IS THAT CORRECT? I THOUGHT HE SAID, AS DISCUSSED HERE THIS MORNING WITH THE AMENDMENT.

SO AN EIGHT FOOT. EIGHT FOOT. OKAY. I WASN'T CLEAR ON THAT.

OKAY. SO WE HAVE A MOTION BY MR. BROADWAY TO APPROVE THIS CONDITIONAL USE PERMIT WITH THAT ONE AMENDMENT TO I'LL LEAVE IT AT THAT. DO WE HAVE A SECOND TO THAT MOTION? I'LL SECOND. SECOND. SECOND BY MR. GREEN. ALL IN FAVOR OF THE MOTION, SAY AYE.

AYE. ANYONE OPPOSED? THE VARIANCE IS APPROVED, AS AMENDED.

THANK YOU VERY MUCH. APPRECIATE YOUR COOPERATION IN WORKING WITH US.

ALL RIGHT. THE LAST. I'D JUST LIKE TO MAKE THE COMMENT TO MR.. JUST TO REITERATE A COMMENT TO THAT MR..

BROADWAY MADE AND STAFF DID THEIR DUE DILIGENCE ON THIS IN TERMS OF THEIR RECOMMENDATION.

AND THAT OUR. OUR JOB IS TO REVIEW THAT INFORMATION AND TAKE OTHER FACTORS INTO CONSIDERATION, WHICH WE DID THANK THE STAFF FOR THEIR WORK ON THIS AND THE APPLICANT.

AND JUST A SECOND THAT I THINK STAFF ALWAYS DOES AN EXCELLENT JOB.

OH YES THEY DO. THEY DO AND PRESENT TO US. BUT I JUST WANT TO REITERATE THAT.

OH YEAH. YEAH. BUT BUT THAT'S WHY SOMETIMES WE WE WILL DISCUSS IT, DEBATE IT AND COME TO A, TO A RESOLUTION. BUT I THINK THAT EVERYTHING IS ALWAYS GOOD.

YEAH. WE HAVE A DIFFERENT JOB FROM YOU. YEAH.

ALL RIGHT. THE LAST CASE ON THIS MORNING'S AGENDA THEN COUNTING THE OTHER DEFERRAL IS VARIANCE 2026 NUMBER 101763.

[4b. VAR-2026-101763 VAR-2026-101763 Randy Hooker for Robert and Armendia Royster: variance from the public street frontage requirement to build a single-family dwelling at 6930 Charles City Road, Varina. The applicant has 0 feet public street frontage where the Zoning Ordinance requires 50 feet public street frontage. Parcel 860-692-3937. Zoning: A-1, Agricultural District. Code Section: 24-4306.E.1. Varina ]

DO YOU SWEAR THAT YOU'VE ALREADY. YOU'RE ALREADY SWORN IN, SO YOU'RE STILL UNDER OATH. ALL RIGHT, MR. GIDLEY. THANK YOU, MR. SECRETARY. THE SUBJECT PROPERTY IS A LANDLOCKED 15.5 ACRE PARCEL LOCATED OFF OF CHARLES CITY ROAD, JUST WEST OF THE BORDER WITH CHARLES CITY COUNTY.

THIS PARCEL WAS SUBDIVIDED. SUBDIVIDED BACK IN 1945.

[00:55:03]

HOWEVER, THIS EXPIRED AND AND THIS WOULD HAVE INCLUDED THE EXTENSION OF A PUBLIC STREETS TO THE SITE.

THIS APPROVAL, HOWEVER, EXPIRED IN 2000 WITH NONE OF THE LOTS BEING RECORDED.

THAT SAME YEAR, THE APPLICANT PURCHASED THE PROPERTY.

COME ON. AND THEY'VE OWNED IT SINCE. THEY WOULD LIKE TO BUILD A HOME ON THIS PROPERTY.

HOWEVER, DUE TO LACK OF PUBLIC STREET FRONTAGE, A HOME MAY NOT BE BUILT THERE UNLESS A VARIANCE IS APPROVED.

IN REVIEWING THIS REQUEST, AS YOU KNOW, ONE OF THE THREE THRESHOLD TESTS MUST BE MET.

STAFF BELIEVES TWO ARE MET. FIRST, THE PARCEL IS NOT BUILDABLE.

ABSENT A VARIANCE, WHEN THIS PARCEL WAS CREATED IN 1945, THERE WAS NO PUBLIC STREET FRONTAGE REQUIREMENT IN THE ZONING ORDINANCE.

20 YEARS LATER, IN 1960, THE ORDINANCE WAS AMENDED TO REQUIRE THAT 50FT OF PUBLIC STREET FRONTAGE, WHICH, AS NOTED, RENDERED THE PROPERTY UNBUILDABLE.

SO WHILE THE PUBLIC STREET FRONTAGE REQUIREMENT IS TYPICALLY REASONABLE, IN THIS CASE, IT ISN'T, AS THERE WAS A CHANGE IN THE ORDINANCE THAT OCCURRED AFTER THE PARCEL ALREADY EXISTED.

SINCE TWO THRESHOLD TESTS ARE MET, ALL FIVE SUBTESTS MUST BE MET.

STAFF BELIEVES ALL OF THESE ARE MET AS STATED IN YOUR STAFF REPORT.

THIS IS OUR CONCEPT PLAN HERE. AS YOU CAN SEE, THE PLAN IS TO PUT ONE SINGLE FAMILY DWELLING ON THIS PARCEL.

AT ITS CLOSEST. THE HOME WOULD BE 70FT FROM THE NEAREST PROPERTY LINE, SO STAFF DOESN'T BELIEVE THERE WOULD BE A DETRIMENTAL IMPACT TO NEARBY PROPERTY.

AND FINALLY, THIS IS A LOOK AT THE ACCESS DRIVE TO THE SITE.

AND IT'S IN PRETTY DECENT SHAPE. WE HAVE INCLUDED OUR STANDARD CONDITION FOR THESE CASES THAT COVERS MINIMUM STANDARDS FOR ACCESS DRIVES TO PROPERTY, ALONG WITH A MAINTENANCE AGREEMENT FOR THIS AND FUTURE OWNERS.

AS NOTED, STAFF BELIEVES THE LEGAL REQUIREMENTS UNDER THE CODE OF VIRGINIA FOR A VARIANCE ARE MET.

AS A RESULT, WE RECOMMEND APPROVAL OF THIS REQUEST SUBJECT TO THE CONDITIONS IN YOUR STAFF REPORT.

IF YOU HAVE ANY QUESTIONS, I'LL BE HAPPY TO ANSWER THOSE.

THANK YOU. YES. THANK YOU, MR. GOODLEY. DO YOU HAVE A QUESTION, MR. JOHNSON? YES. I WAS NOTICING THE THE SECTION TO THE RIGHT AT THE TOP.

HOW THAT IS CUT OUT. WAS THAT PART OF THE PROPERTY? OH, UP TOP LEFT? YES, SIR. THIS WAS TRANSFERRED TO ANOTHER PARCEL AND MERGED WITH THIS NORTHWEST CORNER HERE.

BUT THE ESSENCE OF THE PROPERTY HAS BEEN THERE SINCE 1945.

YES, SIR. I WAS JUST KIND OF CURIOUS ABOUT THAT LITTLE AREA.

SEE? NOTHING ON IT. OKAY. ANY OTHER QUESTIONS, MR. JOHNSON? OR BOARD BEFORE WE HEAR FROM THE APPLICANT? YEAH, TYPICALLY WHEN WE SEE.

I REMEMBER SEEING SOME OF THESE BEFORE. AND BECAUSE THE ROAD IS LIKE ONE WAY IN, ONE WAY OUT.

NOBODY'S COMPLAINING ABOUT CONSTRUCTION TRUCKS AND GOING UP AND DOWN AND MESSING UP THE ROAD AND ALL OF THAT.

WE HAVEN'T HEARD ANY. I HAVEN'T HEARD ANYTHING, SIR.

SOMEONE MAY SPEAK TODAY, BUT I'M JUST CURIOUS.

OKAY. ANY OTHER QUESTIONS? OKAY. HEARING NONE, WE'LL HEAR FROM MR. HOOKER NOW, PLEASE. SIR.

GOOD MORNING AGAIN, MR. CHAIR. BOARD RANDY HOOKER WITH ENGINEERING DESIGN ASSOCIATES HERE REPRESENTING MR. AND MRS. ROYSTER REQUESTING THE VARIANCE FOR ZERO ROAD FRONTAGE FOR THIS PIECE OF PROPERTY.

MR. AND MRS. ROYSTER HAVE OWNED THIS PROPERTY SINCE 2000, AND THEY HAVE A CONTRACT ON THIS PROPERTY PENDING THE COUNTY'S BOARD'S APPROVAL OF THE VARIANCE.

A HOUSE HAS BEEN SHOWN EARLIER. HOUSE AND GARAGE WOULD BE BUILT ON THIS, ON THIS PROPERTY.

I'M NOT SURE IF ANY OTHER QUESTIONS YOU MAY HAVE.

THANK YOU, MR. HOOKER. DOES ANYONE ON THE BOARD HAVE ANY QUESTIONS? I HAD A I HAD JUST A COUPLE QUESTIONS, MR. HOOKER.

JUST TO CLARIFY. SO IT LOOKS LIKE ACCESS TO THE PROPERTY ALREADY EXISTS BY MEANS OF A PRIVATE ROAD THAT IS SERVING OTHER PROPERTIES.

IS THAT CORRECT? YES, THAT IS CORRECT. AND IT LOOKS LIKE THERE ARE ALSO OTHER PROPERTIES.

IF I I'M LOOKING AT THE SCHEMATICS PROPERLY, IT LOOKS LIKE THERE ARE OTHER PROPERTIES BEHIND THIS PROPERTY THAT ALSO DO NOT HAVE PUBLIC

[01:00:04]

YES, SIR. OKAY. THANK YOU. ANY OTHER QUESTIONS? BOARD. OKAY. HEARING NONE, WE'LL OPEN UP THE PUBLIC HEARING AND SEE IF THERE'S ANYONE.

I DON'T SEE ANYONE IN THE AUDIENCE. IS THERE ANYONE IN WEBEX ON WEBEX WISHES TO SPEAK IN SUPPORT OR OPPOSITION IN THE CASE? THERE IS NO ONE ELSE ON WEBEX. OKAY. HEARING NONE, THEN WE'LL CLOSE THE PUBLIC HEARING.

AND UNLESS THERE'S ANY FURTHER DISCUSSION, WE'LL LET MR. JOHNSON ENTERTAIN A MOTION. ENTERTAIN A MOTION FOR APPROVAL OF THIS ACTION.

TO BE APPROVED. SECOND. OKAY. I HAVE A MOTION BY MR. JOHNSON TO APPROVE THIS VARIANCE. DO WE HAVE A SECOND? SECOND? SECOND BY MR. MASSEY. ALL IN FAVOR OF THE MOTION, SAY AYE.

AYE AYE. ANYONE OPPOSED? HEARING? NONE. THE MOTION CARRIES AND THE VARIANCE IS APPROVED.

THANK YOU. THANK YOU, MR. HOOKER. ALL RIGHT, MR. CHAIR. THAT BRINGS US TO THE MINUTES OF THE JULY MEETING.

[5. APPROVAL OF MINUTES: July 23, 2026]

NEED TO BE BROUGHT TO THE BOARD'S ATTENTION. EVERYTHING THAT MR. LAWRENCE DOES IS SUBSTANTIVE. JUST INSULTED HIM.

I MEAN, SUBSTANTIVE IN THE SENSE THAT THE BOARD WOULD NEED TO BE AWARE BEFORE APPROVING THE MINUTES MOVED.

OKAY. SO WE HAVE THE MINUTES THAT YOU HAVE REVIEWED, AND I'VE MADE SOME SUGGESTIONS ON THE STAFF.

NONE ARE SUBSTANTIVE, MR. BLANKENSHIP NOTED. DO WE HAVE A MOTION TO APPROVE, MR. GREEN? MOVES. AND WE HAVE A SECOND. SECOND BY MR. BROADWAY. ALL IN FAVOR OF THE MOTION, SAY AYE.

AYE. ANY OPPOSED? HEARING NONE. THE JULY 23RD, 2026 MINUTES ARE APPROVED, MR. CHAIR. OUR LAST ITEM OF BUSINESS IS THE ELECTION OF OFFICERS.

[6. OTHER NEW BUSINESS: Election of Officers]

I'LL BE HAPPY TO CONDUCT THE THE ELECTION. AND THE FLOOR IS NOW OPEN FOR NOMINATIONS FOR THE OFFICE OF CHAIR, MR. BLANKENSHIP. JUST FOR PURPOSES OF EXPLAINING TO MR. MASSEY OUR NEW. THE PROCESS THAT WE ADOPTED. MR. MASSEY, TYPICALLY WHAT WE HAVE DONE IS ALLOWED A PERSON TO SIT IN A CHAIR FOR TWO YEARS, THEN IT ROTATES TO THE VICE CHAIR FOR TWO YEARS, THEN IT WILL ROTATE TO THE PERSON WHO WOULD WHO WOULD THEN BE ELECTED.

AND WE HAVE TYPICALLY GONE BASED ON SENIORITY.

SO MR. LAWRENCE WOULD POTENTIALLY GET IT, YOU KNOW, POTENTIALLY GET IT FOR ANOTHER YEAR AND THEN GO MR. BROADWAY. AND YOU WOULD THEN NEXT YEAR BE ELECTED VICE CHAIR.

AND AND THAT CYCLE CONTINUES. AND THE REASON WE DID THAT IS BECAUSE I THINK AT ONE POINT, ONE CHAIR KEPT IT FOR LIKE 30, 40 YEARS. RIGHT? YEAH. BACK IN THE DAY. YEAH.

AND, AND, AND THE ONLY REASON I WAS GIVEN IT, I, WHEN I CAME ON BOARD, I JUMPED IS BECAUSE I THINK ONE OF THE FORMER BOARD MEMBERS, A COUPLE OF THEM HAD SOME HEALTH ISSUES, SO IT JUST BUMPED ME UP QUICKER.

SO IT'S NOT THAT WE'RE OVERLOOKING ANYBODY. WE JUST, WE JUST SEEM TO THINK THAT THAT THAT PROCESS WORKS.

SO BASED ON FAIR SO BASED ON THAT, I WOULD LIKE TO RECOMMEND MR. BARRY LAWRENCE TO SERVE AS OUR CHAIR. SECOND.

SECOND. SECOND. ALL RIGHT. MR. GREEN HAS BEEN NOMINATED AS THE CHAIRMAN OF THE RICHMOND, VA.

HAS BEEN SHARING IT FOR 30 YEARS. YES. DID THEY DO IT THAT WAY? YEAH. PEOPLE LIKE JUST LIKE THE MOST SENIOR MEMBER TO KEEP DOING IT.

YEAH. SO WE GOTTA IT'S JUST GOOD TO ROTATE AND AND THE ONLY REASON MR. LAWRENCE DIDN'T, WHEN HE CAME ON, HE DEFERRED TO ME TO KEEP IT ANOTHER YEAR BECAUSE HE WAS ON.

BUT HE WAS READY. BUT I WOULD HAVE BEEN VICE CHAIR.

BUT YOU WERE THE PERSON IN LINE TO BECOME CHAIR.

DIDN'T GET REAPPOINTED. YEAH. YEAH. AND THAT'S WHEN YOU CAME IN.

OKAY. OH MY GOD. SO MR. GREEN AGREED TO STEP IN FOR A YEAR, SINCE HE HAD EXPERIENCE IN RUNNING THE MEETINGS.

AND GIVE ME THE OPPORTUNITY TO BE VICE CHAIR FOR A YEAR BEFORE I BECAME CHAIRMAN, WHICH I THOUGHT WAS A GOOD TRANSITION.

SO I KIND OF MESSED THE ORDER UP. NO, NO, ACTUALLY, WHAT WE DID AND WHAT WE DID WAS WE DID ALLOW THAT PERSON TO SERVE AS CHAIR AT HIS LAST MEETING. YES. THAT'S RIGHT. SO THAT HE COULD PUT IT ON HIS RESUME. I FORGOT THAT WAS YOUR SEAT. MR.

[01:05:01]

ALL OPPOSED? SAY NO. AND I'M GOING TO ABSTAIN.

GO AHEAD, SIR. OF COURSE YOU ARE. ALL RIGHT. WERE THERE NONE OPPOSED? ALL RIGHT. THE MOTION PASSES. MR. LAWRENCE HAS BEEN ELECTED CHAIR.

CONGRATULATIONS. THE FLOOR IS OPEN FOR THE OFFICE OF VICE CHAIR.

I MOVE, WE. SUPPORT MR. BROADWAY FOR VICE CHAIR.

ALL RIGHT. MR. GREEN HAS NOMINATED MR. BROADWAY.

ARE THERE ANY FURTHER NOMINATIONS? ALL RIGHT.

HEARING NONE. ALL IN FAVOR OF ELECTING MR. BROADWAY VICE CHAIR, SAY AYE.

AYE. ALL OPPOSED? NO. ALL RIGHT, MR. BROADWAY.

YOU HAVE BEEN ELECTED VICE CHAIR. AND AS MR. LAWRENCE DID PREVIOUSLY, I WOULD ABSTAIN FROM THE VOTE.

ALL RIGHT. I'LL RECORD THAT AS A FOUR ZERO. AND, MR. CHAIR, I WILL RETURN THE GAVEL TO YOU. THANK YOU.

SO IT LOOKS LIKE WE PRETTY MUCH CONCLUDED ALL THE BUSINESS WE HAVE.

MR. BLANKENSHIP, JUST TO SUMMARIZE, WE HAVE HOW MANY DEFERRALS? THERE IS ONE TO NEXT MONTH AND ONE TO THE MONTH AFTER.

AS OF NOW, WE DO HAVE A FULL DOCKET FOR NEXT MONTH.

THERE ARE 10 OR 11 CASES, BUT NONE OF THEM LOOK TOO COMPLICATED.

I WAS GOING TO SAY IF YOU COULD KEEP IT TO LIKE SEVEN IN THE FUTURE, THAT WOULD BE. THAT'S HOW IT WAS WHEN I FIRST CAME ON THE ZBA. MRS RASMUS HAS BEEN CIRCULATING COUPONS TWO FOR ONE AND THINGS LIKE THAT TO TRY TO DRUM UP BUSINESS.

GOTCHA. ALL RIGHT. AND THANK YOU FOR THE OPPORTUNITY TO SERVE AS CHAIRMAN FOR ANOTHER YEAR.

APPRECIATE THAT. I WAS WILLING TO STEP ASIDE IF ANYBODY WAS JUMPING AT THE BIT, BUT WE'LL CONTINUE ON.

WE'LL POWER ON FOR ANOTHER YEAR AND WE WILL. YEAH.

THANK YOU ALL. AND WE'LL ADJOURN THE MEETING. THANKS.

* This transcript was compiled from uncorrected Closed Captioning.