[{"_1":2,"_100":-5,"_101":-5},"loaderData",{"_3":4,"_26":27},"root",{"_5":6,"_17":10,"_18":19,"_20":21,"_22":10,"_23":-5,"_24":-5,"_25":10},"user",{"_7":8,"_9":10,"_11":10,"_12":-5,"_13":-5,"_14":15,"_16":-5},"roles",[],"isAuthenticated",false,"isPremium","planName","subscriptionStatus","featureFlags",{},"insightsBudget","isDevelopmentHost","userPreferences",{},"recaptchaSiteKey","6LcvOJcUAAAAAHsB-gPGfGktcRlKpH7OTIU_dMTD","isImpersonating","impersonation","affiliateStatus","isFreedomPortal","routes/v2/article/layout",{"_28":29,"_30":31},"notFound",true,"relatedArticles",[32,76,88],{"_33":34,"_35":36,"_37":38,"_39":40,"_41":42,"_43":44,"_45":46,"_47":48,"_49":50,"_51":52,"_53":54,"_55":56,"_57":58,"_59":60,"_61":62,"_63":64,"_65":66,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},"mediaId",6611660,"mediaKeyId","2893176-6b74337e3d1fc78ac55d1ebf1a14bf88","parentId",2893176,"title","Planning commission recommends approval of appeals rule change letting council reopen conditional‑use permit records, adds call for full code audit","audioSeconds",8424,"startMs",6680000,"endMs",15104000,"viewUrl","/Search/View?dp=1&key=2893176-6b74337e3d1fc78ac55d1ebf1a14bf88&start=6680&end=15104","thumbnailUrl","https://assets.pipeline.soar.com/2893176-6b74337e3d1fc78ac55d1ebf1a14bf88/thumbnail_6680000.jpg","articleUrl","/articles/6611660/Idaho/Planning-commission-recommends-approval-of-appeals-rule-change-letting-council-reopen-conditionaluse-permit-records-adds-call-for-full-code-audit","mediaUrl","https://secure.pipeline.soar.com/6611660-849615250e37f90e3df7d5c65b6e9894/orig.mp4?Expires=1771136106&Signature=W1qAenncXp6OoFxi9oVxsj5zid2WSyMqAJ83sLehnod2FtjSPVKIih~RBrs5LiAbPVxXEudnsDTQSJjkU6tyh0ZMA5NG1o3xLgeOuhwe5VJbvJEdveJKQqCsPZzyHYcEdFvMvOrTY~GSR1ZnREV~trS0gMEKM-HGt20cx26C7JZr~B7rIKlY1zPSPc1ttf6kEBAjv8MbHzuZk9SRyZHZwTakwFUT32hQR-ltY9QoBHprtOuKvpeMXjmzFFLBRCw9m0M9sYWZ~97COWa0Wzux4agSO5DByxzWhXUoUVGXJoR9DLxPhvi4UZZMiTBj2ktmzEiBQo31t~N1n3mAEyLXKw__&Key-Pair-Id=KUT5TJCACFTXG","author","Boise","date","2025-04-08T03:31:25.783Z","article","The Boise City Planning and Zoning Commission on Monday voted to recommend approval of a city-initiated zoning ordinance amendment (ZOA 25‑2) that would refine the arbitrary-and-capricious standard and allow the city council, on appeals of conditional use permits (CUPs), to conduct a de novo review — meaning council could develop a new record, accept new evidence and testimony, and apply CUP approval criteria without deference to the commission’s prior decision.

Planning staff representative Deanna Tierney described the proposal as a response to policy and procedural questions raised after a recent Idaho Supreme Court decision involving the Veterans Park Neighborhood Association and the City of Boise. “We are proposing to introduce de novo review for conditional use permit appeals,” Tierney told commissioners, saying the change would permit council to “fully reexamine the project, not just review the prior decision” and to add conditions to mitigate impacts while applying the same approval criteria used by the Planning and Zoning Commission.

The proposal drew broad public comment, with many speakers opposing the change and characterizing it as a power shift that would undercut the commission’s expertise and potentially politicize land-use decisions. Gary Zimmerman urged commissioners to “protect the integrity of the planning process” and said the change looked like a narrow effort to enable approval of a specific project. Other speakers—including neighborhood association representatives and longtime residents—expressed concern that de novo review would invite relitigation, extend project timelines and increase the influence of political considerations over technical land-use review.

Planning staff and city attorneys acknowledged the concerns but said the de novo option would not give council unlimited discretion; council would still be required to apply the development code and CUP approval criteria. Staff framed the change as increasing public input and ensuring the elected, accountable body can weigh technical and policy tradeoffs for complex land-use decisions.

Commission deliberations were lengthy. An initial motion to recommend denial of the amendment resulted in a 3–3 tie. Commissioners discussed whether the change was necessary or whether the existing appeal standard — in which council assesses whether the commission erred — was sufficient. Several commissioners said they were troubled by the timing and optics of the amendment but also recognized the council’s direction and the need to address questions raised by the court decision.

After additional discussion the commission approved an alternate motion to recommend approval of ZOA 25‑2, with an explicit recommendation to city council that the city undertake a comprehensive review of the modern zoning code and related procedures by year’s end. That motion passed on roll call with a majority voting in favor.

What changed and what it means: If adopted by city council, the ordinance would add de novo review for CUP appeals, allowing council to receive new evidence and testimony and to craft conditions while applying the CUP criteria — the same substantive standards the commission uses. Staff and council would still be required to operate within the code; the change does not eliminate code-based standards but shifts the procedural posture for CUP appeals by creating an “open record” path at council.

Next steps: The commission’s recommendation will be forwarded to city council for consideration. The council will consider the record and the public testimony from the commission’s hearing, and may choose to accept, amend or reject ZOA 25‑2. Commissioners and members of the public noted they expect further debate and urged a full, documented review of how the modern zoning code is operating in practice.

Speakers and staff who testified, and the full public record, will be provided to city council as part of the referral packet.","mediaType","Video","parentTitle","Planning and Zoning Commission","oneSentenceSummary","Boise’s Planning and Zoning Commission voted to recommend approval of Zoning Ordinance Amendment ZOA 25‑2, a city-initiated change that refines the arbitrary-and-capricious standard and allows city council to conduct de novo appeals of conditional use permits, after extensive public testimony and a tied preliminary vote.","taxTitle","Boise City, Boise, Ada County, Idaho","taxId",8706,"location","Idaho","headline","","shortSummary",{"_33":77,"_35":36,"_37":38,"_39":78,"_41":79,"_43":80,"_45":81,"_47":82,"_49":83,"_51":84,"_53":85,"_55":56,"_57":58,"_59":86,"_61":62,"_63":64,"_65":87,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},6611664,"Commission backs Tranquility preliminary plat, denies parking-setback variance and approves sidewalk variance with fence condition",3104,4385000,7489000,"/Search/View?dp=1&key=2893176-6b74337e3d1fc78ac55d1ebf1a14bf88&start=4385&end=7489","https://assets.pipeline.soar.com/2893176-6b74337e3d1fc78ac55d1ebf1a14bf88/thumbnail_4385000.jpg","/articles/6611664/Idaho/Commission-backs-Tranquility-preliminary-plat-denies-parking-setback-variance-and-approves-sidewalk-variance-with-fence-condition","https://secure.pipeline.soar.com/6611664-00a8c6ff74b1430e9db23c6de3700666/orig.mp4?Expires=1771136106&Signature=fQg9E--zFuUKsWlkADcnRxNqhCu7Lslb34-tJ9Y7f2BA~vteNkjh15vRJSPW2Yl5iZ7yxRlqGGxzemplCj2gzXFsJhDv2AHnOz-ZDLC0ifk12TGboXyxFH8Omv9QOukAFw1qtIqEP5Gsx78puIDrvGUbi8d9viimBgTQ-nHtFkfLDWtSEshh7-d0kQ8yIyLgx07wd9yapaA9ZH3TCOJRHV3cnaRSDSMmBaoax9x4Av10ssPXSfRgVWi63rH8D0bv-IcAd-QNSOgCrvaZcu-x57w0MCWLJVe4m385m-f3TzvvsxnwHqk0TX9-30FC6jzALCZAqnxsqmy0728yX1tv-g__&Key-Pair-Id=KUT5TJCACFTXG","Boise City Planning and Zoning commissioners voted to recommend approval of the Tranquility Subdivision preliminary plat and to approve a variance to waive a sidewalk on the west side of a proposed private street while denying a separate variance that would have reduced a parking setback on Lot 1.

Planning staff described the proposal (SUB24-9; CVA24-26) as a preliminary plat for 0.93 acres at 7729 West Settlers Avenue in an R-1C zone, creating seven buildable lots and three common lots. The staff report said the applicant proposed an attached five-foot sidewalk along Settlers Avenue (to match existing frontage) and detached sidewalk on the east side of the private street, and requested a variance to waive the sidewalk on the west side of the private road. Planning staff recommended approval of the subdivision and the sidewalk variance but recommended denial of the request to reduce the parking setback on Lot 1 from five feet to four feet because the parcel could accommodate the standard setback and required driveway length.

David Crawford, the applicant’s engineer, said the team had coordinated with staff and agreed to the required conditions and that the design retained irrigation conveyances and plan for on-site stormwater retention, likely via subsurface infiltration. The applicant’s representatives told commissioners they would work with neighbors to address fence repairs and privacy slats in existing chain-link fence where requested.

Multiple neighbors testified with concerns similar to other infill projects: privacy, headlights, construction duration, on-site drainage and the number of new homes in a small footprint. Lauren Shilly said the shared driveway and proximity to an existing two-story house would create privacy and safety concerns; another neighbor, Christie Randolph, said she was concerned about irrigation conveyances crossing the site and about construction timelines.

Commissioner Sejal moved to recommend approval of the preliminary plat to city council, to deny the parking-setback variance request and to approve the sidewalk variance (west side) with the staff-recommended conditions. During deliberation, Commissioners amended the preliminary-plat recommendation to add a condition requiring the applicant to work with adjacent residents to establish permanent perimeter fencing to address privacy concerns. The amended motion passed on a roll call with a majority in favor.

The commission’s action breaks the applicant’s variance requests into two outcomes: the sidewalk variance was approved based on the inability to extend the private street and existing site constraints, while the request to reduce the parking setback was denied because the staff found sufficient width to meet the standard setback and driveway length.

Next steps: The commission’s recommendation on the preliminary plat will be forwarded to city council for final action. The denied parking-setback variance will require the applicant to meet the R-1C setback and parking space requirements in subsequent submittals; the approved sidewalk variance and the additional perimeter fencing condition will be included among the conditions transmitted to council.

Speakers who presented sworn testimony included planning staff, the applicant’s engineer and multiple residents near the site.","The commission recommended approval of the Tranquility Subdivision preliminary plat at 7729 West Settlers Avenue, approved a variance to waive one side of a private‑street sidewalk and denied a variance to reduce a parking setback.",{"_33":89,"_35":36,"_37":38,"_39":90,"_41":91,"_43":92,"_45":93,"_47":94,"_49":95,"_51":96,"_53":97,"_55":56,"_57":58,"_59":98,"_61":62,"_63":64,"_65":99,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},6611669,"Planning commission approves Collins subdivision and grants sidewalk variance on Pierce Park Lane",1152,3178000,4330000,"/Search/View?dp=1&key=2893176-6b74337e3d1fc78ac55d1ebf1a14bf88&start=3178&end=4330","https://assets.pipeline.soar.com/2893176-6b74337e3d1fc78ac55d1ebf1a14bf88/thumbnail_3178000.jpg","/articles/6611669/Idaho/Planning-commission-approves-Collins-subdivision-and-grants-sidewalk-variance-on-Pierce-Park-Lane","https://secure.pipeline.soar.com/6611669-249d34d63a644fb7107549b789dc7174/orig.mp4?Expires=1771136106&Signature=AuYYMLNG5Of1ehnSqPT~6skA52ohVoSGbEZ9BuMnT6-zJ3ZzDtjyy3dMh7JMtDDb1-vtn5748gDKEc1x8CZ4qLQHiXy4thBMzKV~NISQV-puyL5t9uhTtnv7nY~v3xyNm4c-eTVB3ojf-dQ5PBh501XC7TPm~PJjHB4W1LWn9RZgZ5uDIXcj6IkVStpmAuk4WN320v0FoKhpLye-XEpFwehRtLkjbM3gMk6ej0rPR7YWvt1vex-C4nFDvo3eOVRWOFbU0mjXQv~uYSUWLAGvxJbDMCHVB2vRKdc-2WydQyIktd0~F5aGdHu9LbEZ2DRMMe~-2-~pF7fsomMQYw5Etw__&Key-Pair-Id=KUT5TJCACFTXG","The Boise City Planning and Zoning Commission on Monday recommended approval of a preliminary plat for Collins Subdivision at 5600 Pierce Park Lane and approved a variance to waive the requirement for a sidewalk on the north side of a proposed private street.

Planning staff told commissioners the application (SUB2439 and CVA2440) proposes five buildable lots and one common lot on roughly 0.98 acres in an R-1C zone. Jesse Lyle, the planning staff presenter, said the applicant will provide a 10-foot detached multiuse pathway along Pierce Park Lane and a five-foot detached sidewalk along the south side of the private street, but requested a variance to waive the sidewalk on the north side of the private road because a future extension of the street is not possible and the parcel lacks sufficient width to install full street improvements without creating nonconforming setbacks.

The nut of the commission’s finding was that the detached sidewalk on the south side and the 10-foot multiuse path along Pierce Park Lane provide continuous pedestrian access, and that the parcel’s physical constraints constitute a hardship supporting the variance.

Developer representative Ben Semple told the commission his client agrees with the staff report and with conditions recommended by ACHD. “We are in agreement with the terms and conditions of the staff report, including the ACHD staff report,” Semple said. He also told commissioners the project will form a homeowners association to maintain the private street and landscape buffer and that the developer intends to replace the current wire fence on the north property line with a six-foot privacy fence in response to neighborhood concerns.

Several neighbors testified during public comment asking for a perimeter privacy fence and raising concerns about headlights and the visual effect of different sidewalk widths and landscape buffers. Cindy Schechter, who lives immediately north of the site, told the commission she opposed the patchwork of detached and attached sidewalks and said the frontage improvements would make the street “look kind of messy.” Jack Burnstrom said the proposed home five feet off the property line would create headlight glare into his driveway and urged the developer to install a privacy fence.

Commissioner Schaeffer moved to recommend approval of the preliminary plat and to approve the variance to the access and connectivity standards. The motion carried on a roll call vote; the clerk recorded six yes votes and no dissenting votes. The planning staff report, ACHD comments and the applicant’s conditions of approval were incorporated into the motion.

The commission’s approval includes the conditions in the staff report requiring construction to meet the city and ACHD standards, provision of the multiuse path on Pierce Park Lane, the five-foot sidewalk on the south side of the private street and the maintenance responsibilities for common lots by an HOA.

Background and next steps: This is a recommendation to city council on the preliminary plat (the commission is the recommending body for plats); council will receive the commission’s recommendation and the same record if it takes up the item. If a final decision is made later on the plat, it may be appealed to city council per city rules on appeals, within 10 days of a final decision.

Speakers quoted in this article are members of the public and staff who testified at the hearing. The applicant’s civil team and ACHD provided technical comments that staff said were included in the packet.","The Boise City Planning and Zoning Commission approved a preliminary plat for Collins Subdivision (5600 Pierce Park Lane) and granted a variance to waive a sidewalk along the north side of a proposed private street, drawing neighborhood concerns about fencing, driveway headlights and the mix of sidewalk types along Pierce Park Lane.","actionData","errors"]

Article not found

Planning commission recommends approval of appeals rule change letting council reopen conditional‑use permit records, adds call for full code audit

Commission backs Tranquility preliminary plat, denies parking-setback variance and approves sidewalk variance with fence condition

Planning commission approves Collins subdivision and grants sidewalk variance on Pierce Park Lane