The Traverse City Board of Zoning Appeals will hear an appeal tonight (Tuesday) from sober living house TC Retreat after Zoning Administrator Dave Weston ruled the nonprofit was operating illegally in the city.

Weston determined that TC Retreat — a residential home on Comanche Street that can host up to six men at a time in recovery — “is not an allowed use” under the city's zoning ordinance. Weston said the nonprofit'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," a forbidden use within single-family dwelling districts.

But after reviewing Weston's opinion, City Attorney Lauren Trible-Laucht issued a memo advising BZA board members that they should reverse the zoning administrator's opinion tonight. She criticized TC Retreat officials for not providing clearer documentation on the operations of the sober living house — the vague nature of which influenced Weston's ruling — but said the city had since received additional documents that helped clarify TC Retreat's policies.

"(TC Retreat) has now submitted information indicating that there are no services or programming provided in the home; there are no licensed, certified or paid positions within the residence," Trible-Laucht wrote. "While it is unfortunate that the relevant information was not supplied sooner, it appears that the subject property is not being used as a residential care and treatment facility for this reason." She added that "the sole issue is whether services and programs were being provided on site," and since it appears they are not, Weston's ruling should be overturned.

The BZA meets at 7pm tonight in the second-floor commission chambers of the Governmental Center.