Henrico BZA to consider St. Luke Apartments appeal, continued reclamation of former Varina quarry at Aug. 27 meeting

The Henrico Board of Zoning Appeals will consider an appeal involving conditions at St. Luke Apartments, continued reclamation of a former Varina mining site and several residential requests when it meets Aug. 27.

Among the most substantial cases is an appeal filed on behalf of St. Luke Apartments at 3901 Pilots Lane in the Fairfield District. Henrico planning staffers are recommending that the BZA uphold a county notice of violation involving damaged or nonfunctional fencing and gates, missing landscaping and deteriorated pavement at the apartment complex.

Henrico's Community Maintenance Division issued the notice June 5, alleging that fencing and pedestrian and vehicular gates throughout the development were damaged, missing or nonfunctional; required landscaping was missing; and parking surfaces and drive aisles had not been maintained in accordance with approved development plans.

Attorney Dale Mullen filed the appeal on behalf of St. Luke Apartments.

According to materials submitted with the appeal, the property owner is arguing in part that some of the conditions stem from obligations of a previous managing member and that some of the fence and gate issues involve incomplete installation rather than maintenance violations. The owner also is contending that the county's July 31 deadline did not provide sufficient time to replace landscaping or fabricate custom gates.

In the appeal, the owner indicated that work to correct the conditions has continued during the appeal process, with repairs to pedestrian and vehicular gates substantially complete, additional steel replacement gates being fabricated and pavement repairs scheduled.

Planning staffers, though, recommend that the BZA affirm the county's notice of violation.

Elsewhere, J.E. Liesfeld Contractor Inc. is seeking permission to continue reclamation of a former mining site at 8950 Strath Road in Varina for another two years.

The request involves a roughly 64.7-acre portion of a 147.6-acre property that has been subject to a series of two-year BZA permits since 2018. Former sand-and-gravel mining left portions of the property about 15 to 20 feet below surrounding grades.

Liesfeld has been using excavated material from construction projects to fill and regrade the property. Planning staffers indicated that completion of the work ultimately would leave the site more consistent with the surrounding terrain, and they are recommending approval.

Among the proposed conditions is a requirement that the company maintain a $135,300 financial guarantee until reclamation is completed.

Staffers also recommend approval of a request by Lavonda Waller to operate an in-home daycare for as many as 12 children at 3804 Benton Avenue in East Highland Park.

The home, new within the past several years, sits on one of the neighborhood's larger lots and has a fenced rear yard and driveway capable of accommodating drop-off and pickup activity, according to the staff report. Proposed conditions would limit the daycare's hours to 7 a.m. to 6 p.m. weekdays and prohibit daycare-related parking in the Benton Avenue right of way.

In another case, Charlotte Vasi is seeking permission to keep six hens at 2407 Lincoln Avenue in the Chilgath neighborhood. No roosters would be permitted.

Staff recommends approval, noting that the proposed chicken coop would be more than 70 feet from homes on either side and more than 200 feet from the residence behind the property. Conditions would govern the enclosure, feed storage, waste disposal and pest control.

Robert and Armendia Royster also have staff support for a variance that would allow them to build a home on a landlocked 15.85-acre parcel at 6930 Charles City Road near the Charles City County line. The parcel lacks public-street frontage, while county regulations normally require at least 50 feet. Approval would be subject to proof of legal access and other requirements.

Staffers are recommending denial, however, of Andrew Robertson's request for a side-yard variance to build an attached carport at 10104 Deepwood Circle in Raintree.

The proposed carport would leave a seven-foot side-yard setback where 11 feet is required. Staffers concluded that the property can reasonably be used without the variance and that the circumstances prompting the request are self-created.

Another variance case involving Kenneth McIntyre's property at 5364 Springfield Road is expected to be deferred until Oct. 22. McIntyre is seeking to add a first-floor bedroom and bathroom to accommodate aging parents, but the proposed addition apparently conflicts with setback requirements contained in subdivision covenants.

The BZA's Aug. 27 meeting will begin at 9 a.m.

To download the entire agenda, click here.