The Henry County Planning Commission voted to recommend rezoning a property in the Reed Creek District for commercial use, despite strong opposition from nearby and other residents. The final decision now rests with the Board of Supervisors.
The property, located at 3975 Chatham Road, is owned by Kenneth Lewis, who has allowed the building to be used as a garage without a license. Lewis requested a zoning change from Agricultural District A-1 to Commercial to continue using the site as an automobile repair garage.
“When did you find out that you weren’t supposed to be there,” Paul Setliff, commission member, asked about the current garage operation.
Lewis said that he didn’t realize the zoning wasn’t correct. “It’s been without a valid license there for more than two years.” The garage has only been in operation for six months.
“It was built as a body shop and used as such from the early 1970s into the late 80s or early 90s,” said Lee Clark, the county’s director of Planning and Zoning. The property was also used as a sheet metal shop and as a car lot, before becoming personal vehicle storage with an attached insurance office.
While some cited its long auto-related history, opponents contended noise, late-night activity, and safety concerns while presenting their reasons to deny the request.
“The people that are in there now don’t show up until dark—five or six—and are there all night,” one person said, explaining that the noise disrupts his sleep.
Another resident stated that he owns the second driveway into the garage and intends to close it, which could limit access to the property.
“The current owner of the property and the gentlemen entering the property are nowhere near being good neighbors,” another neighbor added, raising concerns about the upkeep of the garage.
Holly Kozelsky, who lives nearby, presented photos of skid marks and vehicles she alleged had switched license plates, documenting multiple plate changes on a Kia and a truck. She also recorded noise from the property and played it for the board.
Clark clarified that even if a license plate is switched on private property, authorities are not in a position to enforce the swap until the vehicle is on the road.
“It has been peaceful until now,” Kozelsky said, emphasizing that past businesses on the property complied with zoning regulations.
Kozelsky also said that she offered to buy the property for $50,000 in cash, but Lewis countered at three times the amount.
Additional letters from neighbors and Kozelsky’s daughter were submitted, detailing complaints about reckless driving, loud noises, and safety concerns. Kozelsky’s daughter described the property as an “eye-sore” and expressed fear about driving near the location due to racing cars.
“Everyone wants to support business, but that has to be a responsible business,” said another community member who was concerned about the lack of a license and compliance issues. “I don’t think as an individual his quest should be approved.”
Not everyone opposed the request.
“I feel very comfortable that he has no intention of running an illegal business in this community. It’s been a garage for decades,” said Mary Martin, who noted that noise has always been present in the area.
“I say if you don’t live there, you’re going on hearsay,” Martin added.
Clark explained that while the building predates zoning regulations, the commercial status was lost due to inactivity for more than two years.
“The county does have a noise ordinance, but it doesn’t cover a situation like this,” Clark said. He also noted that law enforcement had intervened at the site, reducing the number of vehicles from more than 30 to five.
“You can’t legislate common courtesy,” Clark added, stating that the commission’s role is strictly to evaluate land use, not the personalities of those operating businesses.
“The Henry County Planning Commission only makes decisions on proper land use,” Setliff added. He agreed that he wouldn’t want it next to his property, but the commission’s decision was purely about zoning.
The commission recommended approval of the rezoning request.
The Board of Supervisors will now review the measure, with the ability to consider broader community concerns before making a final decision.
Other rezoning requests reviewed:
*The commission also reviewed a request from Brett Tucker, who sought to rezone 8.4 acres at 94 Trent Hill Drive in the Blackberry District for agricultural use.
Tucker explained that the property would not be used for commercial farming but rather as a small-scale family operation to benefit his autistic son.
“This is not commercial, just small animals, mostly to help my son,” Tucker said, adding that no large livestock would be present.
The commission approved the request.
*Chris Lawless requested a rezoning of 1687 Stultz Road in the Collinsville District from Government and Special Use District (G-S) to Limited Industrial District (I-2) for welding and fabrication.
Clark noted that the property was originally a Virginia Department of Transportation (VDOT) office before being used as a Public Service Authority (PSA) shop. Lawless will have his own private entrance off VC Drive to minimize disruption to nearby properties.
“This protects the community further,” Clark said.
The commission approved the rezoning request.
The Board of Supervisors will now consider all of the commission’s recommendations, and make a final decision to approve or deny.
