Rockford tells Miss Carly's charity to shut its doors

Rockford zoning officials have informed the embattled Fifth Avenue charity Miss Carly's Inc. that its special use permit is "null and void" and that it must shut down its operations.

But Facebook posts indicate the charity still is operating.

City Legal Director Nicholas Meyer said lawyers for Miss Carly's are challenging the July 11 ruling.

The dispute could be folded into the city's code and special use permit violation civil suit filed against Miss Carly's that's already being heard in Winnebago County court.

"We are trying to get voluntary compliance without having to come in with law enforcement," Meyer said. "That would be the better way to do it. The hope would be they would voluntarily cease their operations."

Lawyers and representatives for Miss Carly's could not be reached for comment.

In a determination letter obtained by the Rockford Register Star via a Freedom of Information Act request, Rockford Planning & Zoning Manager Scott Capovilla wrote that Miss Carly's abandoned its special use permit when the charity's founders Carly Rice and Jacob Rush moved out of its headquarters.

The couple had moved out of the charity headquarters in early June hoping to defuse a child custody battle, mitigate a dispute over code violations with Rockford and help facilitate repairs to the building's HVAC and water systems.

Although the move may have mitigated some of the code violations, officials argue it created a zoning issue.

Capovilla wrote that the city's 2019 special use permit allowed the operation of the charity, but only in conjunction with an artist live-work residence.

"By moving your residence out of this building, the SUP is now null and void as it shows a clear intent on the part of the owner to abandon the special use by no longer having a live/work space, pursuant to 63-012-C of the City of Rockford Zoning Ordinance," Capovilla wrote. "This means the current services of providing food, clothing, resources and other related forms of assistance are no longer permitted at 1121 5th Ave."

This is the latest gut punch for the secular charity that says it provides the needy with food, clothing, resources and access to drug and alcohol treatment.

Already embroiled in a dispute with the city over building code violations , the Illinois Attorney General's Charitable Trust Bureau is demanding Miss Carly's provide missing financial records needed for registration with the state and said that the charity cannot solicit donations until it is registered.

The charity has also been the target of a months long social media campaign demanding fiscal accountability.

Jeff Kolkey writes about government, economic development and other issues for the Rockford Register Star. He can be reached at  (815) 987-1374, via email at jkolkey@rrstar.com and on X @jeffkolkey .

This article originally appeared on Rockford Register Star: Rockford tells Miss Carly's charity to shut its doors