The Boise City Public Works Commission on Nov. 5 denied an appeal seeking a waiver to allow private ownership of the sanitary sewer system for the proposed Audre Lane subdivision, a conversion of the approved Eagle Villa apartment parcel into townhome lots. Commissioner Christian Lockett moved to deny the appeal; Commissioner Wirtz seconded and a roll‑call vote recorded unanimous ayes.

City engineering staff had recommended denial, arguing the waiver would circumvent required subdivision review and inspection and could transfer long‑term replacement costs and liabilities to Boise ratepayers. "The waiver request does not meet city codes and presents significant complexities and challenges," said Abbas Rezai, an engineer in public works, who told commissioners that the city had not inspected the on‑site sewer to city standards because the system was originally approved as a single parcel apartment project.

Rezai and City Engineer Jim Pardi emphasized that Idaho Department of Environmental Quality (DEQ) approval governs construction and short‑term operation but does not address who will own, operate and fund long‑term replacement. "DEQ doesn't own and operate systems," Pardi said. "Somebody will pay the bill for replacing it. That's the biggest difference." Staff also cited examples, including Warm Springs Mesa, where private systems ultimately required city takeover and upgrades.

Appellant representatives said the underground system was built and TV‑inspected to DEQ standards and that a licensed third‑party operator could provide reliable maintenance. "Blackwater has a very assertive maintenance and observation schedule," said Penelope Kostentakis of Riley Planning Services, who argued either an HOA‑funded third‑party contract or the city accepting the system with a third‑party operator could address maintenance and access concerns. Developer Ethan Helmer, managing member for Eagle Villa, said the project was reworked from apartments to townhomes after market changes and that the sewer work was completed and inspected under DEQ standards.

Commissioners focused on statutory and procedural constraints, citing city code language that, as read in the staff presentation, requires individual lots in subdivisions to connect to public sewer and limits waiver eligibility for subdivisions where new utilities or roads would be required. Commissioner Wirtz referenced the relevant waiver language and said that, on its face, the code "basically is quite clear that waivers could not be granted" for this type of subdivision proposal.

The commission's denial does not order the developer to remove completed construction; staff and commissioners discussed alternatives developers might pursue, such as proceeding under the existing apartment approval, pursuing a condominium plat, or bringing sewer elements into compliance with city standards before plat approval. Pardi noted that the Blanche/Blanch example cited during the hearing was a hybrid case in which individual lots connected to the city system and only a portion of the development used a private system serving multiple buildings.

The decision was procedural as much as technical: commissioners repeatedly expressed sympathy for the project's affordable‑housing aims but said they could not set a precedent that would exempt subdivisions from city utility standards. "I want to do it the right way," said Commissioner Ellis, who stressed long‑term cost and access concerns for homeowners and other ratepayers.

Next steps were not specified in the hearing record; commissioners and staff discussed planning options and the developer indicated the subdivision application had not been formally submitted because the appellant sought resolution of the waiver question first. The commission moved on to routine business following the appeal vote.