[Vision2020] Downtown Not Right Fit for NSA

[Tom Hansen]

>From today's (June 28, 2005) Moscow-Pullman Daily News with a vote of thanks
to Alexis Bacharach, Daily News staff writer.

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Council: Downtown not right fit for NSA

By Alexis Bacharach, Daily News staff writer

New Saint Andrews College is prohibited from operating in downtown Moscow,
the City Council ruled Monday. 
The 4-2 decision came after 90 minutes of debate over whether the council in
1999 intentionally omitted schools and educational institutions as allowable
uses in the central business district. 

"I think the code is very clear," Councilwoman Nancy Chaney said. "I did
notice that educational institutions were permissible from 1931 to 1999 ...I
don't know that it's our place tonight to read between the lines, but an
overt change suggests to me the omission was intentional." 

There's no record of any discussion among council members six years ago as
to why schools and educational institutions were stricken from the list of
allowable uses. 

"If this were clear, we wouldn't be here tonight," Council President JoAnn
Mack said. "It seems much of this depends on the definition of 'similar
public and private institutions.' Educational institutions were allowable
until 1999, and 'similar public and private institutions' was inserted." 

Mack cited Webster's New World Dictionary, which defines an institution as
an "organization, society or corporation, having a public character, as a
school, church, bank, hospital ..." 

That definition suggested to Mack that NSA's operations downtown are
consistent with Moscow's zoning code. 

While council members were not unanimous about the interpretation, they
agreed the city's zoning code is confusing and in desperate need of revision
- a realization they came to in January when a group of local residents
filed a complaint against NSA. 

Community Development Director Joel Plaskon denied the complaint, but his
decision was overturned by the Zoning Board of Adjustment. 

Monday's ruling by the council upheld the board's interpretation, but it
also gave hope to NSA officials that council members aren't interested in
kicking the college out of Friendship Square. 

College officials have 28 days to file an appeal in district court. After
the meeting, NSA board member and Christ Church Pastor Doug Wilson wasn't
prepared to comment on whether the college will take the next step in the
legal process. 

He said he's hopeful council and college officials will be able to work
toward an agreeable solution. 

"It looked to me like council members on both sides of the vote were
uncomfortable with the outcome for New Saint Andrews," Wilson said.
"Obviously, I'm disappointed we couldn't wrap this up tonight, but I think
things are headed in the right direction." 

Councilman Jon Kimberling, who voted to uphold the board of adjustment's
ruling, said he worried about the repercussions of his vote on the college. 

"I'm struggling with this, because I think there are inconsistencies in the
code," he said. "The fact that schools and educational institutions are not
listed and commercial schools are listed as allowable suggests to me the
code intended to exclude this type of educational institution." 

Councilwoman Linda Pall agreed city code prohibits colleges in the central
business district. 

She pointed out, however, the city gave NSA a certificate of occupancy in
2003 that allowed the college to operate downtown. 

Pall was on the council in 1999, and couldn't recall ever discussing the
appropriateness of colleges and schools in commercial zones. 

"I think we've created a hardship for New Saint Andrews," she said. "I
believe we need to uphold the board of adjustment's decision but agree to
six months of no action of enforcement and ask the planning commission to
revisit this." 

Mack said that, regardless of the vote, council will revisit the
inconsistencies in the city's zoning code. 

"We need to pursue this," she said. "I'm a black and white person and Mr.
Webster holds a lot of weight with me, but clearly, this wouldn't have come
to us if it were that easy." 

QUICKREAD 

What happened 

Operations at New Saint Andrews College in downtown Moscow were found in
violation of the city's zoning code. 

What it means 

The zoning code will have to be amended, or the college may be forced to
cease operations. 

What happens next 

NSA has 28 days to appeal the decision in district court. Council and city
staff will meet with NSA officials in the weeks ahead to work toward a
solution. 


HOW THEY VOTED 

The Moscow City Council voted 4 to 2 to uphold the Zoning Board of
Adjustment's ruling that city code prohibits colleges downtown. Here's how
council members voted: 

Council President JoAnn Mack: No 

Council Vice President Peg Hamlett: No 

Councilwoman Linda Pall: Yes 

Councilwoman Nancy Chaney: Yes 

Councilman Jon Kimberling: Yes 

Councilman John Dickinson: Yes

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Like the song goes, "Two out of three ain't bad."

Take care, Moscow.

Tom Hansen
Moscow, Idaho

"Life should NOT be a journey to the grave with the intention of arriving
safely in an attractive and well preserved body, but rather to skid in
sideways, chocolate in one hand, a drink in the other, body thoroughly used
up, totally worn out and screaming 'WOO HOO. What a ride!'"