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# 20_07_2026_mray@ci.moscow.id.us_ZoningAdministratorDecision2026-04_415 N Van Buren St-NBS_mb.pdf
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## Page 1
Sent: 
7/20/2026 2:59:59 PM
From: 
Michael Ray <mray@ci.moscow.id.us
To: 
"Jennifer Fleischman" 
Cc: 
Bcc: 
Importance: Normal
Subject:
ZoningAdministratorDecision2026-04_415 N Van Buren 
St-NBS_mb
Attachments
:
ZoningAdministratorDecision2026-04_415 N Van Buren 
St-NBS_mb.docx 
Jennifer, could you please proof this attached decision and then put on letterhead?
Thanks,
Mike

## Page 2
Zoning Administrator Decision 2026-04
1
Zoning Administrator Decision 2026-04
Date of Request: June 30, 2026
Date of Decision: July 20, 2026
Person Requesting Decision of Zoning Administrator (Applicant): Sam 
Christensen
Property Impacted by Decision: 415 N Van Buren Street, Moscow, Idaho
Zoning of Property in Question:  Medium Density Residential “R-3”
Current Use of Property in Question: Multi-family dwelling containing 3 or 
4 units.
Proposed Use of Property in Question: Samuel Christensen seeks a building 
permit for a structure that is being represented by the applicant as a single-
family dwelling on the proposed plans and building permit application. 
Determination Requested:  Sam Christensen has chosen to no longer modify 
the proposed building plans originally submitted on April 20, 2026, for a new 
single-family dwelling based upon staff comments provided on May 12, 2026, 
and seeks a determination on the remaining comments pertaining to zoning. 
***
Background: The Community Development Department has a prior history 
with the property at 415 N Van Buren Street dating back to 2008, when a stop 
work order was issued for illegal construction on the property. At the time, the 
existing 3-unit structure was in the process of being converted to a 4-unit 
structure which was not permitted within the Medium Density Residential (R-
3) Zoning District in which the property is located within. The existing 3-unit 
multi-family dwelling is a nonconforming use within the R-3 Zone. The owner 
at the time, Mathew Becker, was required to remove an added kitchen, interior 
walls, unit numbers, and return the structure to a 3-unit building. The building 
was then inspected by the city to confirm that the structure was returned to a 3-
unit building. 
On July 24, 2025, the current owner, Sam Christensen (hereinafter “applicant”), 
submitted a lot division request to divide the property at 415 N Van Buren Street 
into two lots. At the time, the applicant indicated that there were 4 units within 
the existing building being leased to separate individuals. Mr. Christensen was 
made aware of the history of the structure and that only 3 units were legally 
permitted within the building. A subsequent inspection of the property from the 
public right-of-way clearly showed four individual address numbers next to 
exterior doors, each with key lock boxes mounted to the wall next to the address 
numbers, as well as four individually numbered mailboxes. As part of the plan 
review for the lot division in order to determine parking requirements and to 
verify how many units were currently within the existing structure, the applicant 
was required to provide an updated floor plan. The applicant never provided an

## Page 3
Zoning Administrator Decision 2026-04
2
updated floor plan of the existing structure and subsequently withdrew the lot 
division application on March 3, 2026. 
On April 20, 2026, the applicant submitted building permit application for a 
single-family dwelling and indicated that the purpose was to provide housing 
for eight or fewer elderly persons and up to two resident staff. The number of 
elderly persons and staff the applicant indicated staff would reside in the single-
family dwelling is permissible under the definition of “family” so long as 
everyone in the house is living together as a single housekeeping unit. The 
proposal went through one plan review with staff providing comments on May 
12, 2026.  On June 30, 2026, the applicant indicated that they did not intend to 
modify the plan per staff comments to gain approval and would like the Zoning 
Administrator to issue a final zoning decision based upon the May 12, 2026, 
zoning comments and plan review.     
Zoning Regulations Pertinent to the Question Presented:
Basis of Zoning Authority
MCC 4-1-2 describes the basis of the City’s authority to regulate land use and 
development by stating, “This Zoning Code is adopted pursuant to the authority 
conferred by Chapter 65, Title 67 and Chapter 13, Title 50 of the Idaho Code and 
to the home rule authority of Idaho cities granted by Article 12, Section 2 of the 
Idaho Constitution and Section 302 of Title 50, Idaho Code. The City shall designate 
a Zoning Administrator who shall have all responsibilities required to assist the City 
to comply with Federal, State and Local statutes and ordinances related to zoning 
and land use planning, including but not limited to the laws in Idaho Code Title 67, 
Chapter 65, and the City Zoning Code.” 
Purpose of Zoning Code
MCC 4-1-3 describes the purpose of the Moscow Zoning Code which includes, 
“The provisions of this Zoning Code shall be applied to fulfill the following 
purposes: 
A. Promote the health, safety and general welfare of the Moscow community. 
B. Encourage the most appropriate use of land within the City's jurisdiction to 
protect the natural and human environment. 
C. Mitigate the effects of incompatible land uses upon neighborhoods, public 
facilities, and the community as a whole. 
D. Provide for public improvements which are serviceable and durable and which 
provide for effective service delivery by all public agencies. 
E. Preserve the positive aspects of existing neighborhoods while improving the 
neighborhoods which have fallen into disrepair. 
F. Provide adequate public services and community amenities in newly developing 
neighborhoods. 
G. Further the goals of the enabling statutes which grant authority to the City to 
enact ordinances regulating land use and development.”
Applicability of Zoning Code
MCC Section 4-1-5 A. and B. states that, “This Zoning Code shall apply to 
buildings, structures, and lands situated within the City and to those buildings, 
structures and lands hereafter annexed to the City, and to those buildings, structures

## Page 4
Zoning Administrator Decision 2026-04
3
and lands situated within the Area of City Impact. The regulations set forth in this 
Zoning Code for each zoning district shall be minimum standards and shall be 
applied uniformly to each class or kind of structure or land, particularly as follows: 
A. No building, structure, or land shall hereafter be used or occupied, and no 
building or structure or part thereof shall hereafter be erected, constructed, 
reconstructed, moved, or structurally altered except in conformity with all of the 
regulations herein specified for the zoning district in which it is located. 
B. No building or other structure shall hereafter be erected or altered: 
1. to exceed the height or bulk as herein required; or 
2. to accommodate or house a greater number of families than herein allowed; or 
3. to have narrower or smaller rear yards, front yards, side yards, or other open 
spaces than herein required; or 
4. in any other manner contrary to the provisions of this Zoning Code.”
Responsibilities of Zoning Administrator
MCC 4-11-1 provides for the responsibilities of the Zoning Administrator which 
includes, 
“A. A Zoning Administrator shall administer and enforce this Zoning Code. The 
Zoning Administrator is authorized to use any and all lawful means available to 
fairly administer and enforce this Zoning Code. The Zoning Administrator may be 
provided with the assistance of such other persons as is necessary to administer and 
enforce this Zoning Code. 
B. If the Zoning Administrator shall find that any of the provisions of this Zoning 
Code are being violated, the Zoning Administrator or designee shall notify in 
writing the person responsible for such violations, indicating the nature of the 
violation and ordering the action necessary to correct it. The Zoning Administrator 
or designee shall order discontinuance of illegal use of land, buildings, or 
structures; removal of illegal additions, alterations, or structural changes; 
discontinuance of illegal work being done; or shall take other action authorized by 
this Zoning Code to insure compliance with or to prevent violation of its 
provisions.”
Applicable Definitions
Moscow City Code provides clear definitions of permitted structures and uses 
including:
Continuing Care Retirement Communities and Assisted Living Facilities for the 
Elderly (NAICS 62331) – This industry comprises establishments primarily 
engaged in providing residential and personal care services for (1) the elderly 
and other persons who are unable to fully care for themselves and/or (2) the 
elderly and other persons who do not desire to live independently. The care 
typically includes room, board, supervision, and assistance in daily living, 
such as housekeeping services. In some instances these establishments 
provide skilled nursing care for residents in separate on-site facilities.
Dwelling, Single Family (MCC 4-1-6.D.46) - A detached building or 
manufactured home designed for, and occupied exclusively by, one (1) family. 
The classification “single family dwelling” shall include any home in which eight 
(8) or fewer unrelated mentally and/or physically handicapped or elderly persons 
reside; and which is supervised. Resident staff, if employed, need not be related to 
each other or to any of the mentally or physically handicapped or elderly persons

## Page 5
Zoning Administrator Decision 2026-04
4
residing in the home. No more than two (2) such staff shall reside in the dwelling 
at any one (1) time.
Dwelling Unit (MCC 4-1-6.D.51) - A building or portion thereof providing 
complete housekeeping facilities for one (1) family. The term "dwelling" shall not 
be deemed to include motel, hotel, tourist home, bed and breakfast inn, or boarding 
house.
Dwelling, Multi-Family (MCC 4-1-6.D.50) – A building designed to house three 
(3) or more families living independently of each other and having one (1) yard in 
common.
Family (MCC 4-1-6.D.56) - a. For purposes of this “family” definition:
(1) “related” shall mean persons related by blood, marriage, adoption, and/or 
guardianship or other duly authorized relationship, and 
(2) “family” shall not mean any society, club, fraternity, sorority, association, 
lodge, federation, bed and breakfast inn, boarding house, residential rental unit, or 
other like use or organization, and 
(3) there shall be no more than one (1) “family” per dwelling unit, unless 
otherwise permitted by this Code. 
(4) “living together as a single housekeeping unit” shall mean where all 
occupants of the dwelling unit enjoy a common right to use the entire dwelling, 
despite informal arrangements among members to designate certain areas as 
individual sleeping spaces, and where such persons share household living 
arrangements, including, but not limited to, rental or mortgage payments, utility 
payments, groceries, chores, maintenance of the premises, and common sanitary, 
living, and cooking supplies and/or facilities. 
(5) “related by blood” shall mean persons related in any combination of the 
following: parents, step-parents, children, step-children, siblings, step-siblings, 
half-siblings, uncles, aunts, nephews, nieces, grandparents, grandchildren, great 
grandparents, great grandchildren, and first cousins. 
b. One (1) or more related persons living together as a single housekeeping 
unit in a dwelling unit; or 
c. Not more than four (4) persons living together as a single housekeeping 
unit in a dwelling unit, when one (1) or more of them is not related to any 
other person in such dwelling unit; or 
d. Two (2) persons who are not related and any number of additional 
persons related to either of such two (2) unrelated persons, as long as all 
persons are living together as a single housekeeping unit in such dwelling 
unit; or 
e. Eight (8) or fewer unrelated mentally and/or physically handicapped or 
elderly persons reside; and which is supervised. Resident staff, if 
employed, need not be related to each other or to any of the mentally or 
physically handicapped or elderly persons residing in the home. No more 
than two (2) such staff shall reside in the dwelling at any one (1) time.
Kitchen (MCC 4-1-6.D.76) - Any rooms used or intended or designed to be used 
for cooking and/or preparation of food.

## Page 6
Zoning Administrator Decision 2026-04
5
***
Analysis: The subject property is located within the Medium Density 
Residential (R-3) Zoning District which allows primarily residential uses 
including single-family, two-family, twinhomes, and townhouses. The 
applicant has proposed to construct a new single-family dwelling towards the 
rear of the property behind the existing building on the property. As was 
indicated previously, the existing building is a non-conforming use and is only 
permitted to have three dwelling units within the structure. The subject property 
has a history of illegal construction by the prior owner to convert the existing 
building into four dwelling units and there is recent indication from the 
applicant as well as a visual inspection of the exterior of the structure that the 
building is again being used as four dwelling units. As such, the Planning 
Department will need to conduct a walk-through of the existing building to 
verify the number of units within the building and will also require a notarized 
letter from the tenants stating their relation to determine compliance with the 
definition of “family” per Moscow City Code 4-1-6. 
The proposed single-family dwelling is four stories in height and consists of ten 
bedrooms and eleven bathrooms. The ground floor which is accessed from the 
alley at the rear contains fifteen parking spaces including three contained within 
a garage and three within a covered portion of the building. Also included on 
the ground floor are eight individual storage rooms and an elevator and stairwell 
to the upper floors. The second floor contains the main entrance into the 
stairwell, elevator, and kitchen/dining area. Accessed from the kitchen/dining 
area are four rooms which are labeled as “bedrooms”.  Each “bedroom” contain 
a sink, counter, cabinetry, bathroom, balcony, and washer and dryer set. The 
third floor has a similar layout as the second floor with four rooms that are 
labeled as “bedrooms” which are accessed from an open area labeled as living 
with a bathroom, stairwell, and elevator. Similarly to the second floor, each 
rooms labeled as “bedrooms” contain a sink, counter, cabinetry, bathroom, 
balcony, and washer and dryer set. The fourth floor is only accessed via a 
stairwell and provides access to two bedrooms which both contain bathrooms 
and closets. Also on the fourth floor is a rooftop patio. 
The definition within the Zoning Code of a single-family dwelling is, “a 
detached building or manufactured home designed for, and occupied 
exclusively by, one (1) family. The classification “single family dwelling” shall 
include any home in which eight (8) or fewer unrelated mentally and/or 
physically handicapped or elderly persons reside; and which is supervised. 
Resident staff, if employed, need not be related to each other or to any of the 
mentally or physically handicapped or elderly persons residing in the home. No 
more than two (2) such staff shall reside in the dwelling at any one (1) time.” A 
dwelling unit is defined as, “a building or portion thereof providing complete 
housekeeping facilities for one (1) family.” The Zoning Code also provides an 
extensive definition of what constitutes a family and states that there shall only 
be one family per dwelling unit. The number of individuals permitted to live as 
a family varies by zoning district, but in all cases, they are required to live 
together as a single housekeeping unit. The family definition provides clarity 
on what “living together as a single housekeeping unit” means, which is, 
“where all occupants of the dwelling unit enjoy a common right to use the entire

## Page 7
Zoning Administrator Decision 2026-04
6
dwelling, despite informal arrangements among members to designate certain 
areas as individual sleeping spaces, and where such persons share household 
living arrangements, including, but not limited to, rental or mortgage payments, 
utility payments, groceries, chores, maintenance of the premises, and common 
sanitary, living, and cooking supplies and/or facilities.”
It is clear that the plain language and intent of the definitions contained within 
the Moscow Zoning Code is for individuals residing within a dwelling unit to 
reside together as a single housekeeping unit sharing common sanitary, living, 
and cooking facilities. Within the proposed structure eight of the ten bedrooms 
contain full housekeeping facilities, which are clearly intended to be occupied 
independently. The proposed structure, as designed, contains eight separate 
dwelling units, each containing a sink, countertop, cabinetry, bathroom, 
balcony, and washer and dryer set. The access to these eight dwelling units is 
from a stairwell and elevator through common areas in the building. The 
stairwell, elevator, and common areas provide independent access to each 
“unit” in the same fashion as any other large apartment building. The proposed 
number of fixtures and amenities—nine sink/countertop/cabinet sets, eight 
washer-dryer sets, eleven bathrooms, and eight exterior-access storage units—
is incompatible with what is needed for a single dwelling unit housing eight 
elderly residents and two staff living as a “family units” as define under 
Moscow City Code. 
 
The current arrangement allows each occupant to live independently of each 
other which does not meet the requirement that all occupants live as one single 
housekeeping unit. The definition of kitchen in the zoning code is, “any rooms 
used or intended or designed to be used for cooking and/or preparation of 
food.” The core elements of a kitchen include a sink, countertop, and cabinetry. 
Additional elements that don’t require permanent installation such as a 
refrigerator, hot plate, and microwave can be added at a later date to complete 
the food preparation area or kitchen. The current proposal includes nine kitchens 
in each dwelling unit. 
Coming back to the definition of a dwelling unit which is, “a building or portion 
thereof providing complete housekeeping facilities for one (1) family.” Based 
upon that definition and the fact that eight of the areas that are labeled as a 
“bedroom” contains complete housekeeping facilities, there are at least eight 
dwelling units in each structure which could be occupied by at least eight 
families. The proposed structure does not meet the definitions of a single-family 
dwelling or dwelling unit. 
Per Moscow City Code there are two defined uses within Moscow City Code 4-
3-4: Land Use Table, which this proposed structure could be classified as. The 
first is a multi-family dwelling which is, “a building designed to house three 
(3) or more families living independently of each other and having one (1) yard 
in common.” The proposed structure clearly meets the definition of a multi-
family dwelling which is not a permitted use within the Medium Density 
Residential (R-3) Zone. The second use is contained within NAICS 623: 
Nursing and Residential Care Facilities. The specific use under Nursing and

## Page 8
Zoning Administrator Decision 2026-04
7
Residential Care Facilities is NAICS 62331: Continuing Care Retirement 
Communities and Assisted Living Facilities for the Elderly which is defined as, 
“establishments primarily engaged in providing residential and personal care 
services for (1) the elderly and other persons who are unable to fully care for 
themselves and/or (2) the elderly and other persons who do not desire to live 
independently. The care typically includes room, board, supervision, and 
assistance in daily living, such as housekeeping services. In some instances 
these establishments provide skilled nursing care for residents in separate on-
site facilities.” Continuing Care Retirement Communities and Assisted Living 
Facilities for the Elderly are a conditionally permitted use within the R-3 Zone. 
The applicant would need to redesign the building to meet all building code 
requirements for commercial buildings and the site would need to meet 
accessibility and parking requirements which pertain to commercial uses. A 
conditional use permit application, application fee, and building plans would 
then need to be submitted and a public hearing before the Board of Adjustment 
would be conducted. 
Decision: The proposed structure located at 415 N Van Buren Street is declared 
to not be a Single-Family Dwelling, rather, the proposed structure is a Multi-
Family Dwelling.  As Multi-Family Dwellings are not permitted in the Medium 
Density Residential (R-3) Zone, the applicant, in order to receive approval, 
should either modify the plan to contain only one dwelling unit as defined 
above, or request a Conditional Use Permit for a Continuing Care Retirement 
Communities and Assisted Living Facilities for the Elderly under Moscow City 
Code, Title 4, Chapter 1.
Documents and Information relied upon in making the determination: This 
determination is based on Moscow City Code - Title 4, the 2012 North 
American Industry Classification System, building plans for 415 N Van Buren 
Street, dated April 20, 2026. 
Right to Appeal: Moscow City Code, Title 4, Chapter 8, Section 8-2, permits 
an applicant, City representative or affected person to appeal an interpretation 
or administration of the Zoning Code by the Zoning Administrator to the Board 
of Adjustment. Such appeal shall be made within thirty (30) days from receipt 
of this decision. An appeal shall be made by filing with the Zoning 
Administrator a written notice of appeal specifying the grounds thereof and 
paying an appeal fee established by Resolution. Upon the filing of an appeal, 
the Zoning Administrator shall submit to the Board of Adjustment all materials 
constituting the record upon which the appeal is made. The appeal process will 
be followed pursuant to MCC Title 4, Chapter 8. 
Attachments
Building Plans for 415 N Van Buren Street (dated 04/20/26)
Email correspondence dated September 22, 2008
Exterior pictures from August, 2025