[Vision2020] 5/13/2005 Daily News: City code prohibits downtown college, board says; If order stands, NSA could be forced to move

[Saundra Lund]

For those like myself who were unable to attend the hearing last evening,
below is the Daily News article regarding last night's public hearing.

Note to Dale "Mr. Moscow" Courtney:  feel free to turn me into whomever at
the Daily News you perceive to be the copyright police.  Just be sure to
report back to us the response you receive  :-)


Saundra Lund
Moscow, ID

The only thing necessary for the triumph of evil is for good people to do
nothing.
Edmund Burke


City code prohibits downtown college, board says; If order stands, NSA could
be forced to move

By Alexis Bacharach, Daily News staff writer

The Moscow Zoning Board of Adjustment ruled Thursday that city code
prohibits New Saint Andrews College from operating downtown. 

Board Chairman Evan Holmes said the decision is not a referendum against the
city's only Christian college. 

"This is not about anyone's opinions about New Saint Andrews' curriculum,
politics ...or anything like that," Holmes said. "Our zoning administrator
is given the latitude to interpret the code until some citizen comes out and
says 'no, I think you've exceeded those bounds.' I always have to side with
the public. This does need to go through a more rigorous process." 

City Attorney Randy Fife said New Saint Andrews could be forced to cease
operations downtown if the order stands, but said it is unlikely. 

"A number of things can happen from here," Fife said. "New Saint Andrews can
appeal to the City Council, and that decision can be appealed to District
Court. Someone could propose to change the zoning code to allow that use in
the central business district or allow it as a conditional use. Those are
the most likely outcomes." 

No one was available this morning at New Saint Andrews to comment about the
board's decision or how the college will respond. 

Local residents Charles Nolan, Joseph Hansen and Dustin Bauer filed a
complaint in January that claimed the college's operations were in violation
of the city's zoning code, because schools and educational institutions are
not listed as allowable uses in the central business district. 

Moscow Community Development Director Joel Plaskon ruled about a month ago
that the college is allowed downtown, and his order was appealed by the
complainants to the board of adjustment. 

"The codes that are adopted by the city are best read together -
holistically," Plaskon told the board on Thursday. "If you look at all the
zoning code and the comprehensive plan, to me clearly it is an allowable use
downtown. The comprehensive plan encourages an interaction between the
different public and private uses ...it recognizes benefits of students
being downtown for all the reasons we think it's a nice place to be." 

According to the zoning code, churches, synagogues, libraries, museums,
trade schools, public gathering places, police and fire stations,
restaurants, cafes and similar public and private institutions are allowed
in the central business district. 

Plaskon said schools and educational institutions are not "explicitly
listed," but included as "similar public and private institutions." 

Moscow lawyer Mike Curley, who represents the complainants, pointed to a
section of city code that states uses not listed are prohibited. 

"We're not here about whether New Saint Andrews should be downtown, whether
they are a good neighbor or an asset to the community," he said. "We may all
agree that schools and educational institutions should be allowed downtown.
It can be done by amending the zoning code, but you (the board of
adjustment) and I dare say Mr. Plaskon cannot do that. The City Council has
to hold two public hearings, where everybody gets a chance to speak ...apply
for an amendment to the city code and we'll see what the public wants." 

New Saint Andrews' attorney Greg Dickison said Curley's and the
complainants' motivations are personal. 

"I disagree with Mr. Curley's statement that this is purely legal," he said.
"This is more personal than it is legal ...I don't think anyone can say that
we are a bad neighbor, an eyesore, or disruptive. New Saint Andrews does not
sponsor wet T-shirt contests, fake orgasm contests or drag shows downtown." 

Holmes said it's irrelevant whether New Saint Andrews is a good or bad
neighbor. 

"Schools and educational institutions used to be listed as allowable uses
and disappeared from the zoning code around 1998," Holmes said. "I don't
think we can say or Joel can say whether that was an accident. We have to
assume that was an intentional omission. I think there are enough questions
here to warrant some kind of citizen review process." 

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