Boise commission denies waiver allowing private sewer for Audra Lane subdivision

The City of Boise Public Works Commission voted unanimously to deny an appeal that would have allowed private (HOA‑owned) sanitary sewer service for the proposed Audra Lane / Eagle Villa subdivision.

Abbas Rezai, an engineer in public works, told the commission that while the sewer built for the project met DEQ standards for private systems, converting the approved single‑parcel apartment site into a 46‑lot residential subdivision would change oversight and obligations under city code. "The waiver request does not meet city codes and present significant complexities and challenges," Rezai said, and staff recommended denial because a subdivision would bring public‑infrastructure expectations, city inspection responsibilities and long‑term funding obligations.

Appellant representatives urged flexibility. Penelope Konstantakis of Riley Planning Services argued the constructed sewer was inspected to Idaho Department of Environmental Quality standards and is already served by a licensed third‑party operator, Blackwater, which she said provides rigorous biannual inspection and maintenance. "We would like to have a private system either with the city accepting it and the HOA funding a third‑party maintenance contract, or allow the HOA to own the sewer system and provide their own maintenance," Konstantakis said.

City engineering staff and commissioners focused on long‑term operation and replacement funding. Jim Pardi, the city engineer, said DEQ approvals cover construction and immediate operation but do not address who will fund future replacements or provide ongoing municipal service. "DEQ doesn't own and operate systems… Somebody will pay the bill for replacing it," Pardi said, noting that DEQ‑authorized maintenance contracts are typically short‑term (packet material referenced five‑year contracts) and do not substitute for municipal asset management.

Commissioners pressed for precedent and practical alternatives. Staff described the Blanche (Blanch/Blanche) example cited by the appellant as a hybrid where individual lots connect to public sewer and one large lot has a private lateral; staff said that configuration differs from the proposed division into individually owned lots all served by a private system. Developers and the appellant said the site was originally permitted as apartments and later reconfigured to townhomes for market reasons after 2019; Ethan Helmer, the Eagle Villa managing member, said the underground sewer is installed, TV‑inspected and covered and that major reconstruction or condominium platting would be expensive and disruptive if the waiver were denied.

After deliberation about code language (including references in staff materials to city code sections cited as "10251" and "10‑2‑9‑1") and the potential burden on ratepayers if the city later assumed responsibility for privately maintained sewer assets, Commissioner Lockett moved to deny the waiver. Commissioner Wirtz seconded; a roll‑call vote recorded unanimous ayes and the motion carried.

The commission did not adopt any alternative direction at the meeting. Staff signaled the options available to the developer if the waiver is denied: proceed under the existing apartment approvals, pursue a condominium plat or revise the design to meet subdivision standards; the developer said they will consider those paths. The hearing concluded with routine procedural business including re‑election of the chair and vice chair and scheduling announcements.