Two Roanoke boards this week voted unanimously against an appeal of a downtown homeless shelter’s ability to operate. It’s an ongoing issue that started in February and will likely continue in circuit court with a suit filed by The Least of These Ministry, which argues it should be allowed to keep a portable toilet and lockers outside of its facility.
In October, two neighboring business owners — Matt Prescott with Prescott Construction Co. and Monica Rokicki with Better Building Works LLC — appealed the shelter’s certificate of occupancy to both the board of zoning appeals and the building and fire code board of appeals.
The situation raised discussion about the city’s growing homeless population, with the Luck Avenue nonprofit, known as TLOT, offering services while some downtown business owners say they have to deal with negative fallout.
The appeal states that TLOT’s current certificate of occupancy, which was expanded in September, “does not accurately represent actual use of the building.” It also alleged fire and safety hazards associated with the building and its occupancy.
During the first of two appeal hearings on Monday, the building and fire code board voted unanimously in the shelter’s favor, upholding their new certificate of occupancy, which only covered services held inside the building.
The board decided that the appellants did not have standing, the appeal was not filed in a timely manner, and that the use classification of the building was appropriate, according to a staff report in the agenda documents.
Similarly, on Tuesday, the board of zoning appeals voted that the applicant’s appeal request was not filed within 30 days from the original zoning violation that TLOT received in February — which Prescott and Rokicki confirmed they received at that time. The board also voted that the grievances they alleged were not directly related to the certificate of occupancy.
Michelle Derrico, Prescott and Rockicki’s lawyer, argued Tuesday that the February letter should have served as the final determination on the zoning issue. After the meeting, she said she is unsure yet whether the applicants will appeal the zoning board’s decision to circuit court.
Phillip Moore, the city’s zoning administrator, stated before Tuesday’s hearing that TLOT’s new certificate of occupancy in September was simply implementing an earlier decision, and that Prescott and Rokicki should have filed their appeal in March.The new certificate of occupancy added adult day care and community food operation to the list of existing acceptable uses for the shelter — general office and supply pantry.
Moore also said the damages the applicants alleged weren’t proven to be directly harmful to them, or a result of TLOT’s services, and that he hadn’t heard of some of those damages — including vandalism and “drug deals in the street” — until Tuesday. Derrico later said her clients were not given an opportunity to share these issues earlier.
Zoning board member Robert Logan said if TLOT’s clients are sleeping on neighbor’s doorways, like Derrico alleged, that is an enforcement issue, not something that can be controlled by the organization’s certificate of occupancy. Derrico argued that the services offered inside the building cause the damages outside the building.
Board member Edward Garner asked if Derrico has any police records regarding drug deals or other issues in the street on Luck. Derrico said she does not, but that there have been complaints.
Over a dozen citizens spoke during the public hearing, including individuals who said they were formerly homeless. Most spoke to the importance of TLOT’s work and urged the board to vote in favor of the shelter.
Matthew Milovich, a retired social worker who has volunteered at TLOT for two years, said that in the 15 years he’s been working in Roanoke, that area has always had a significant homeless population.
He said for the applicants to buy property in that area and “not see that” is “some special type of oblivion.”
In February the city issued a zoning violation notice to TLOT, stating that the organization violated the city’s zoning code with the use of 72 covered outdoor lockers, a portable toilet and warming buses.
The city cited ongoing complaints from neighbors in the letter, and argued that TLOT was only a “supply pantry” and “office” when it received its certificate of occupancy in 2023, and had since expanded.
Roanoke determined that the ministry’s services fit the definition for “regional housing services,” which is not permitted in the downtown district.
TLOT appealed that decision, and in May, the Board of Zoning Appeals unanimously denied that appeal. Lockers and porta-potties were classified as “outdoor storage,” which is not permitted in downtown zoning.
In June, TLOT filed a lawsuit in circuit court after losing that appeal, arguing that the city incorrectly defined what outdoor storage is. TLOT Executive Director Dawn Sandoval said her legal counsel continues to work in conjunction with the city attorney, and that there is no circuit court appeal date at this time. The city has filed a response to that suit, arguing there is no valid legal claim.
At this point, the portable bathroom and outdoor lockers are still operating at TLOT, Sandoval said during a recent interview. But she said she shut down the warming bus operation, in hopes that the organization could find an alternative, which she says has yet to happen. TLOT operated the warming bus overnight for five winters, she said. She said the buses normally would open on Nov. 1.
“I’m ecstatic, if it ends here,” Sandoval said after the meeting Tuesday night. “It’ll be great if it ends here.”
