[Vision2020] NSA illegal?

Sat Jan 22 10:56:47 PST 2005

This sounds like something that the Moscow Chamber of Commerce should
strongly support.

Maintaining areas strictly for commerce (and retail outlet) purposes should
(and would) attract future businesses to Moscow, Idaho.

How soon may we expect action from our city council.  Realizing that we are
currently distant from any election (and the absence of bare breasted
women), our paid elected officials on the city council may place this topic
on a back burner.

OR WILL THEY ? ? ?

Tom Hansen

Moscow, Idaho 

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"When people sin, everybody has to pay."

- Douglas Wilson of Wilson, Inc. (dba Christ Church) (June 7, 2002)

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From: vision2020-bounces at moscow.com [mailto:vision2020-bounces at moscow.com]
On Behalf Of Art Deco
Sent: Saturday, January 22, 2005 10:41 AM
To: Vision 2020
Subject: Re: [Vision2020] NSA illegal?

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 <mailto:london at moscow.com>  

To: vision2020 at moscow.com 

Cc: Nancy Chaney <mailto:nchaney at moscow.com>  ; John Dickinson
<mailto:johnd at moscow.com>  ; gina <mailto:ginagormley at hotmail.com>  ; PEG
<mailto:peg_hamlett at sbcglobal.net>  HAMLETT ; prall at moscow.com ; Linda Pall
<mailto:lpall at moscow.com>  

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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