[Vision2020] Thank you P & Z

Sun Sep 25 09:15:39 PDT 2005

Kit,

Thank you for pointing this out.  Although many of us know these, 
stubbornness and intentional obfuscation of the issues help prevent the 
general public from understanding the underlying legal issues.  The Daily 
News has not helped with its incomplete reporting either.

The ineptness and corruption of city government is certainly on display. 
How does the Community Development Director keep his job?

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

----- Original Message ----- 
From: "Kit Craine" <kcraine at moscow.com>
To: "Pat Kraut" <pkraut at moscow.com>
Cc: "vision2020" <vision2020 at moscow.com>
Sent: Saturday, September 24, 2005 9:06 PM
Subject: Re: [Vision2020] Thank you P & Z

> In this instance, “permission” applies to two areas of law. One is land 
> use (i.e. comprehensive plan and zoning) which is signified by a ZONING 
> certificate (this means the USE is in compliance with the ZONING code). 
> The other is structural (i.e. building codes) which is signified by an 
> OCCUPANCY certificate (i.e. the STRUCTURE is in compliance with the 
> BUILDING code.) Theoretically, the City should issue a ZONING certificate 
> before it issues any building permits and an OCCUPANCY certificate after 
> the remodelling/construction is completed. Although only one certificate 
> may be sought (e.g. a buildings use changes but it is not remodelled or it 
> is remodelled but the use doesn’t change) BOTH certificates are required 
> by the code BEFORE a building can be used.
>
> The problem with NSA is that the zoning certificate (if one has been 
> issued) is invalid because the USE is not in compliance with the code.
>
> Uses and structures which are “grandfathered” were—at one point in time—in 
> compliance with the code. Subsequently, the code was changed so the use, 
> structure, or placement of the structure is no longer in compliance. 
> According to the code, the use and/or structure is allowed to remain 
> unchanged (i.e. not expanded) until it comes down (e.g. burns down, falls 
> down, is torn down) or is abandoned for a specified length of time.
>
> NSA does not, and never did, have a valid ZONING permit, as determined by 
> the Board of Appeals AND the City Council. As a result, it cannot be 
> “grandfathered” and the City has a legal obligation under the code to 
> command that it cease operations at its current site.
>
> Moving NSA, as with other uses in the same situation, would be expensive 
> for the owner of the use. However, it is NOT the City’s problem. State 
> code explicitly exempts cities and city employees from liability related 
> to the granting/denying of permits. Perhaps there needs to be a penalty to 
> the city for bad permitting decisions, but that’s not a local question; 
> one must take that issue to our state representatives.
>
> The primary reason why the City cannot ignore the NSA use is that it sets 
> a precedent which will make it impossible for the City to enforce the code 
> against anyone. To put that into perspective, imagine that someone 
> establishes a bar, gambling parlor, and brothel next to your house after 
> getting the proper building permits (perhaps claiming a different use) and 
> an occupancy permit. They create all sorts of problems, but you have no 
> recourse because the city previously decided that it will “grandfather” 
> existing uses—legal or not—because a scofflaw’s investment is more 
> important than the neighbor’s legal rights under the zoning code.
>
> Kit Craine
>
> On Sep 23, 2005, at 8:57 AM, Pat Kraut wrote:
>
>> By 'Leadership' do you mean people who would do what you want and ignore 
>> others?? Seems to me they are leading...just not doing it exactly like 
>> you want them to.
>>  I do have a question. If NSA has permission to be in the old GTE 
>> building, they have remodeled it, been in it for some time and now comes 
>> a question from some about the legality of that. But, wouldn't this or 
>> any soon to be council have to 'grandfather' in NSA. After all this time 
>> and money spent on the building or any other school building shouldn't 
>> they just let them all stay and start from here to change it?
>> ----- Original Message -----
>>  From: DonaldH675 at aol.com
>> To: vision2020 at moscow.com
>> Sent: Friday, September 23, 2005 8:27 AM
>> Subject: [Vision2020] Thank you P & Z
>>
>>
>> Visionaries:
>>
>> I would like to join Joan in complimenting our P & Z committee members. 
>> What a thankless (literally) job for the volunteers who took their task 
>> seriously and did their level best to observe city code while trying to 
>> solve a difficult zoning issue. My question to them is this: Why do you 
>> bother? You gave up countless hours of your time, you actually gave some 
>> thought to the issues and ultimately hammered out a plan that provided a 
>> reasonable solution. Did I agree with all of it? No, I surely didn't. But 
>> I watched you work all summer and there is no doubt in my mind that it 
>> was a sincere and productive effort. I also watched last Monday night as 
>> your efforts were brushed aside. I was appalled when Mayor Comstock, 
>> ignoring your recommendations, asked that Joel Plaskon's suggestions be 
>> placed on the overhead screen where they remained for the rest of the 
>> evening as the focus of the council discussion. What a load of hooey. 
>> Joel Plaskon didn't get it right the first time, and yet the mayor and 
>> council decided to rely on his suggestions in lieu of yours. We should 
>> all be grateful that elections are approaching. Sadly, not all those lazy 
>> ninnies warming a seat - at tax payers expense - are up for re-election. 
>> However, it is my fervent wish that a new council will provide the 
>> leadership that is so badly needed in this community.
>>
>> Rose Huskey Who speaks for the chickens, people? Who?
>>
>>
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>
>
> _____________________________________________________
> List services made available by First Step Internet, serving the 
> communities of the Palouse since 1994.   http://www.fsr.net 
> mailto:Vision2020 at moscow.com
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> 