[Vision2020] NSA CUP To Be Heard

[J Ford]

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REMINDER:

Saint Andrew’s CUP Appeals To Be Heard at City Council Meeting on Tuesday, 
Sept 5, 2006

On March 28, 2006, the Board of Adjustment granted a Conditional Use Permit 
to New Saint Andrews College to operate an educational institution in the 
Central Business (CB) Zoning District, subject to the following conditions:  
1) The maximum number of full-time equivalent students shall not exceed 200 
and 2) Maintenance of ground floor commercial uses that are open to the 
public shall not be less than 160 feet of lineal footage along the public 
pedestrian frontage of the structure.  The C.U.P. Permit was appealed by 
Robert Greene, Thomas Bode, Scott Bauer and Jeanne and Robert Jacobson.  
These appellants did not necessarily share the same bases for their appeals 
and each appeal was filed distinct from the other.  On June 5, 2006, the 
Council remanded the matter to the Board with specific interest in parking 
mitigation options.  The other appeals were not addressed.  On June 29, 
2006, the Board of Adjustment conducted the hearing to reconsider the C.U.P. 
  Upon conclusion of the public hearing and related deliberation, the Board 
rendered a decision of conditional approval, identical to that of their 
first determination made on March 28, 2006.  This decision was appealed, 
again, by Mr. Bode.  The Council’s consideration of this matter on September 
5, 2006 will include the most recent appeal by Mr. Bode, as well as the 
original appeals of Mr. Greene, Mr. Bauer, and Mr. and Mrs. Jacobson.  Staff 
is forwarding the entire record dating from the March 28, 2006 C.U.P. 
application hearing to present.  Moscow City Code precludes the acceptance 
of information not already on the record, upon consideration of these 
appeals.



ACTION:   Sustain the decision of the Board, in whole or in part; reverse 
the decision of the Board, in whole or in part; remand the matter to the 
Board with specific comments and/or instructions for further consideration 
by the Board.  Any remand shall be a new public hearing only subject to a 
finding by the Council that there is new material information which was not 
available at the time of the Board’s decision and that it is in the public 
interest to develop such information.



J  :]

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