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BZA denies use variance for addiction therapy at Return Church after school and parish objections
Summary
After written and in‑person testimony from St. Anthony's parish and school leaders raising proximity and safety concerns, the Clarksville BZA denied a use variance that would have allowed Align Recovery to operate an outpatient addiction counseling program at Return Church near St. Anthony's school.
The Board of Zoning Appeals voted to deny a use variance requested to permit outpatient addiction therapy and counseling at Return Church on Eastern Boulevard. Planning staff reviewed two possible LBCS classifications for the use and reported that neither was permitted in the Eastern Boulevard Corridor zone. Staff noted the applicant expects to serve roughly 40–80 clients daily (a range the applicant later said could realistically be 20–100) and that operations would be Monday–Friday, 9:30 a.m. to 4:30 p.m., with no overnight stays and no medications kept on site as stated by the petitioner's counsel.
Public comment was dominated by St. Anthony's parish and school leaders. Friar John Grama told the board the parish and school were united in objection, arguing the proposal “fails all 6” legal variance standards and highlighting proximity to children: the staff report noted the site is about 700 feet from the school and roughly 300 feet between property lines. Principal Stephanie Tucker said the school is tuition‑driven and that even small enrollment shifts could “cost many hundreds of thousands of dollars over time.” The petitioner's attorney, Craig Emig, and other supporters said the program would be outpatient, would transport clients by church vans, and would not store medication on site; Emig said containment and transport plans reduce the risk to the neighborhood.
After board deliberation focusing on the six required findings for a use variance (public health/safety, use and value, peculiar condition, hardship, comprehensive plan, and extraordinary need), a motion to deny was made and seconded; the board voted to deny the variance. The record shows substantial public concern about locating an outpatient recovery operation adjacent to an elementary school and disagreement between staff findings and petitioners about whether the property met the extraordinary‑need and peculiarity criteria.
