Ada County denies Centillion variance request after contested public hearing on property line encroachment

Ada County planning staff recommended denial and the hearing body denied application 202500629-V, a request by Courtney Centillion for a zero lot-line setback on a property near Barber Pool Reserve and the Boise River Greenbelt.

Staff planner Brent Danielson described the parcel (6439 East Warm Springs Avenue) as 0.83 acres in the Rural Preservation District and a legal nonconforming rural residence. Staff reported this was the third variance applied for at the site — an earlier variance in 2020 adopted a 5-foot south setback and a second variance allowed a 5-foot west setback — and said the current encroachment resulted from an apparent miscalculation when a foundation and patio were poured, leaving portions of a patio and roofline projecting beyond the approved 5-foot setback. Staff advised that the applicant later cut concrete and altered roof overhangs to remove direct encroachment, but staff concluded the variance still “constitutes the granting of a special privilege” and “does not relieve an undue hardship due to characteristics of the site” because the error resulted from improper staking prior to construction.

Multiple members of the public testified. The Idaho Foundation for Parks and Lands — which owns adjacent conservation property known as the Gregersen parcel — opposed the variance, citing trespass, fill placed on foundation land and concerns about long-term maintenance, wildlife corridors and boundary protections; the foundation’s president, Brandy Wilson, said the land trust is “required to defend any encroachments into our property.” Neighbors raised privacy and view concerns and described fill and fence disputes; one neighbor asked for mature trees to screen the ADU windows that face their property. The Barber Valley Neighborhood Association submitted comments and said it was neutral on the variance but requested that, if approved, the applicant work with Ada County/Ada County Highway District (ACHD) to install street trees tied to an ACHD license agreement for right-of-way planting.

The applicant, Courtney Centillion, said the overage was not intentional, provided documentation that parts of the encroachment were corrected and said she had attempted to contact Boise City about annexation and sewer; the transcript and exhibits record correspondence from Boise Public Works indicating that sanitary sewer service was not available to the property and that the city was not pursuing annexation at this time. Several witnesses testified about the height of the patio and required fill (staff and neighbors noted the patio is 18 inches or more above surrounding grade and that a 2:1 slope requirement could extend fill onto adjacent land).

After extended discussion and public testimony, a commissioner moved to deny the application; the motion was seconded and carried by voice vote. The hearing record includes staff exhibits, applicant-supplied photos and multiple public-comment letters. Commissioners discussed the option of tabling to encourage negotiated solutions between parties, but the motion to table failed for lack of a second and the body voted to deny the variance based on staff findings and the public record.