A newly opened sober living house on Comanche Street in Traverse City is in violation of the city’s zoning ordinance, according to Zoning Administrator Dave Weston.

Weston informed nonprofit TC Retreat that its residential home for up to six men at a time in recovery “is not an allowed use” under the neighborhood’s single-family dwelling district designation. Weston disagreed with arguments put forward by TC Retreat that the home was not a residential or treatment care facility – a prohibited use in the district – and that home doesn't provide programs or services.

Weston wrote that after reviewing the organization’s Facebook page, correspondence and articles of incorporation, “it is my understanding that TC Retreat is an affordable recovery program that is a temporary shelter…for male individuals undergoing substance rehabilitation.” Weston said TC Retreat’s acceptance of health savings account and insurance payments, its described provision of “recovery support services” and its rules regarding employment, substance use, recovery meeting attendance and curfew all suggest “that TC Retreat is a residential care and treatment facility.”

TC Retreat has 21 days to appeal the ruling to the city’s board of zoning appeals. If the BZA also rules against the nonprofit, that decision can be appealed to Thirteenth Circuit Court. TC Retreat board member Tom Gilbert says the organization intends to pursue an appeal.

“We’re disappointed, obviously, because there is no programming happening at that house,” says Gilbert. “It does not fit the definition of a residential care or treatment facility. But we’ll get our appeal put together and follow the procedures outlined and have a public hearing. We believe we’ll ultimately be successful.”