TOANO — A local nonprofit that operates a men’s group home, called Evolution House, is hoping to meet James City County code to continue operating out of its Toano location.
Early “missteps,” explained attorney Greg Davis of Kaufman & Canoles, caused issues with the organization not following JCC building code requirements for occupancy exceeding eight residents. The Evolution House owners, Mai Homes 2 LLC, are now trying to right the wrong and have requested a Special Use Permit to be in compliance.
The SUP will allow Evolution House to legally house up to 24 residents in the 5,000-square-foot home located at 2010 Old Richmond Road West in Toano. Documentation shows the home has eleven bedrooms permitting no more than two residents per room.
According to the SUP documentation, Evolution House operates group homes that provide a safe, stable and supportive residential environment for individuals diagnosed with substance use disorders who are recovering from their addiction.
The home on Old Richmond Road has two staff members on-site at all times to assist residents in structured daily programming, life skills development and therapy. Residents also attend offsite clinical activities and many have jobs.
Residents are not permitted to use their own vehicles and passenger van transportation is provided by Evolution House for residents to therapy, group recreation and other activities.
“I don’t have any issue with the house if every step had been followed. What hasn’t been said is they have illegally occupied the house for three years. So much that the county gave them a notice of violation and a $4000 fine,” said Leland Blanding, who owns 32 acres behind the Evolution House and spoke at the meeting. “If everything was filed, as a homeowner, I would feel that warm fuzzy feeling inside if they followed the law from day one. They are coming to you now because I filed a complaint because the county had no idea they were in the house.”
“This presentation would have been great three years ago. And, if they followed the law, I would welcome them,” Blanding added.
Brian Johnson, who owns adjacent property, as well as Williamsburg Heating and Air Conditioning, stated, “They (Evolution House) are in violation and we are now going to vote for them to get an SUP? How is it possible they get rewarded? They lie. They have been lying.”
Reading from a letter he said he received from Davis, Johnson added, “at our February meeting, you made it clear that there were no measures my client might take that would lead you to support the SUP application, nonetheless, Evolution House will continue at that location.”
“If they have several facilities, they should know the rules,'” Johnson told the Planning Commission.
Johnson also said he has had group members trespassing on his property and is concerned for his family’s safety.
“The Planning Commission is not in the enforcement business. We are here to look at the conditions of the SUP,” explained commission member Frank Polster.
Polster asked the applicant to add a condition into the SUP that will allow the county access at any time, over a set period, to make unannounced visits to verify the number of occupants, explaining, “It is important that we put in conditions that satisfy that there is a safe operation.”
In addition, Polster wants the county to verify the fencing and no trespassing signage before the certificate of occupancy can be granted to ensure there are no mistaking the property lines.
Davis said adding those conditions to the SUP application would be acceptable.
Many commission members expressed the need and value for the services offered by Evolution House and also acknowledged the need to meet both legal and safe land use.
The commission passed with new conditions unanimously.
The application will now be presented to the JCC Board of Supervisors at a future meeting to be determined. Watch the May 7 Planning Commission Meeting here.
