Commission denies streetscape variance for West State Street church expansion; conditional use approved

The Boise City Planning and Zoning Commission approved a conditional-use modification (CUP 24-31) for an expansion of an existing religious institution at 4709 West State Street but denied the applicant’s variance (CVA 24-21) that would have waived detached sidewalk and streetscape requirements, including street trees.

Why it matters: The decision enforces adopted State Street corridor and pathway standards in an established area where topography, drainage infrastructure and an irrigation canal complicate streetscape work. The commission approved the expansion itself but required the applicant to work with staff on locating trees elsewhere on the property to meet streetscape objectives.

What the commission decided: The commission voted to approve the CUP and to deny the variance request for the detached multiuse path and associated streetscape/tree plantings. The motion, made by Commissioner Seayo and seconded by Commissioner Torres, passed unanimously among the four commissioners hearing the item (two commissioners recused). The decision directs the applicant to collaborate with staff to identify alternative on-site tree-planting locations as part of final design.

Project description and applicant arguments: Jesse Lyles, planning staff, described the proposal as an addition to the southeast side of an existing church building on 3.67 acres in an R2 zone. Staff recommended approval of the conditional use but recommended denial of the variance because State Street is an arterial with an adopted pathway alignment and cross-section calling for a detached multiuse path and 10-foot detached sidewalks in the corridor. Staff noted that a multiuse pathway is identified in the Pathways Master Plan and that the 2024 cross sections for State Street include a detached multiuse path.

The applicant’s team—including Tim Grissom and Matthew Adams—asked for relief from the detached-pathway and street-tree requirement, citing site-specific constraints: a high-capacity roadway elevation relative to the building, an irrigation facility (Farmers Union Canal) under the frontage, stormwater infrastructure and limited soil volume for long-term tree survival. "We are not against this pathway," Matthew Adams said, but argued that installing the city-preferred section would require grading, utility relocations and tree planting in locations with inadequate soil volume. Pastor Matt Priebe told commissioners the church has grown from about 80 members at replanting to 429 the prior Sunday and said an expected cost of about $360,000 would hamper the congregation’s ability to proceed if variance relief were denied.

Public testimony and safety arguments: Nearby residents and an online commenter urged the commission to require the detached pathway and streetscape. An online commenter, Eric Willison, cited safety research and local plans supporting separated multiuse paths and noted that neighboring developments had complied with detached-pathway standards; he asked the commission to deny the variance and favor multimodal safety.

Commission reasoning: Commissioners acknowledged the corridor’s adopted plan and safety rationale for detached, planted pathways. They also noted the applicant’s site constraints but concluded that the multiuse pathway and detached sidewalk are the city’s adopted standard for State Street and that property owners along the corridor should build toward that vision. The commission nonetheless directed staff and applicant to identify alternate on-site tree planting opportunities where the street trees could not be physically planted in the immediate right-of-way.

Outcome and next steps: CUP 24-31 was approved; CVA 24-21 (variance for detached sidewalk/streetscape and street trees) was denied. The applicant will proceed with final design and design-review to implement the CUP, and staff and the applicant will coordinate to identify feasible on-site tree locations and final sidewalk design per commission direction. Any appeal period and further permitting timelines follow standard procedures.