[Vision2020] NSA illegal?

[Bill London]

When New St. Andrews college moved into downtown Moscow two years ago, that use of downtown space was a violation of the city zoning ordinance.  In the city code for the zoning of the central business area, schools are not a permitted use.  
"Commercial schools" like Leon's hairdresser school are permitted, but educational institutions are not permitted.  You can read the code (see section 3.5) at:
http://www.ci.moscow.id.us/citycode/TITLE04/chapter3.pdf

The Daily News (Saturday, 1/22/05, page 3A) included an article (see below) about 3 residents who filed a complaint with the city about this mistake.

Coupled with the NSA/Christ Church property tax scam, this seems to show a pattern:
1. incompetent legal advice to NSA/Christ Church leadership -- or -- a knowing violation of the law by the NSA/Christ Church officials
2. public-minded citizens forced to take their own time and resources to force the NSA/Christ Church to follow the law
3. lack of oversight by city and county staff as well as Moscow City Council and Latah County officials.

BL

----
 Daily News, January 22, 2005
Complaint alleges New St. Andrews not permitted downtown by city code


Alexis Bacharach

A complaint was filed with the city of Moscow on Friday requesting operations at New St. Andrews College be discontinued in the downtown business district. 
Attorney Mike Curley, who represents plaintiffs Joseph Hansen, Dustin Bauer and Charles Nolan, said Moscow code prohibits public and private colleges in the central business zone. The private Christian college purchased the former Verizon building in 2002 and moved into the facility in 2003. It is located at 405 S. Main St., on Friendship Square. 

"I suppose some people realized the operation of a college in the central business district was illegal and they wanted to stop it," Curley said about his clients' motivations in filing the complaint. " 

I expect the zoning administrator, as requested in the complaint, will investigate and take some action." 

Greg Dickison, attorney for New St. Andrews, said the complaint is baseless. 

"The college is not doing anything illegal," he said. "The college has been in touch with the city since it opened up there. To say we're violating the zoning code is absolutely silly." 

Hansen, a former student at New St. Andrews, said he has nothing against the school but believes its use is prohibited downtown. 

"I want (New St. Andrews) to stay in Moscow. I was a student there for two years, and I like (New St. Andrews) very much," he said. "It's just not supposed be in the central business zone." 

Moscow Community Development Director and Zoning Administrator Joel Plaskon confirmed he received the complaint on Friday, but refused to comment further 

Curley provided the Daily News a copy of the complaint, signed by Hansen, Bauer and Nolan. 

"New Saint Andrews College is expressly prohibited from conducting business at its current location in downtown Moscow," the complaint reads. " 

We respectfully request that, as provided by Moscow City Code, you prevent and restrain the continued illegal use of their building." 

According to Moscow City Code, central business zones are supposed to provide a 'location for groups of compatible commercial uses ..." 

Permitted uses in the central business district include trade schools, churches, museums, libraries, police and fire stations and other public and private institutions. 

"New Saint Andrews College (NSA) is a private college defined as 'an educational institution' in Moscow City Code ...Educational institutions are not allowed in the Central Business District under any circumstances," 

the complaint cites from Moscow City Code. "Therefore, NSA operates a prohibited illegal business at its current location." 

Dickison is not sure what the next step will be for New St. Andrews. 


"We're exploring our options and we'll see what the proper response is," he said. 


* Staff writer Megan Doyle contributed to this story. 


Alexis Bacharach can be reached at (208) 882-5561, ext. 234, or by e-mail at abacharach at dnews.com. 


Megan Doyle can be reached at (208) 882-5561, ext. 237, or by e-mail at mdoyle at dnews.com. 
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