[Vision2020] NSA illegal?

Sat Jan 22 10:41:07 PST 2005

Bill, et al,

This news is hardly surprising.  It reflects the propensities of the Christ Church Cult for dishonesty and illegal activities in the name of their alleged god and Douglas Wilson (some people sometimes confuse the two, including apparently Wilson himself) and long standing corruption in the City of Moscow with respect to planning, zoning, and development.  I hope the newer city councilpersons will show some real moxie in this case.  That is why they were elected in my opinion.

Kudos to the private citizens who, despite the obviously intentional lack of oversight by the city, have brought this matter, at their own private expense, to the attention of the public.

There are good reasons for keeping educational institutions out of downtown commercial cores and it has nothing to do with the nature of the institutions.  

Downtown commercial cores need to present a variety of vibrant shopping and service opportunities for the general public in order to remain commercially viable.  Downtowns die when non-commercial activities replace shopping/service opportunities:  because downtown shopping/service opportunities are diminished when noncommercial activities move in while malls/big box stores expand their shopping opportunities, fewer people use the downtown area.  This causes some shopping/service providers to move or to fail which, in turn, makes the downtown area less desirable; the vicious cycle continues until the downtown area becomes a commercial disaster.

In my opinion as a former planning and zoning coordinator and since a student of various kinds of development, I think it would be extremely foolish of the city to revise the zoning code to allow NSA to remain where it is at the risk of further endangering the commercial viability of the downtown area.  Having dealt with a similar situation before, a court order demanding the illegal activities cease immediately and possible criminal prosecution is the most effective way to deal with such nuisances.

I look forward to hearing the perhaps ingenious explanations/excuses of the city's negligence in this case and the CCC's "innocent" denials (especially their and the city's explanations of why all the required building permits were not procured for the remodeling of the old [and sick] GTE building).

Art Deco (Wayne A. Fox)
deco at moscow.com

  ----- Original Message ----- 
  From: Bill London 
  To: vision2020 at moscow.com 
  Cc: Nancy Chaney ; John Dickinson ; gina ; PEG HAMLETT ; prall at moscow.com ; Linda Pall 
  Sent: Saturday, January 22, 2005 9:21 AM
  Subject: [Vision2020] NSA illegal?

  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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