In its quest to “increase density,” Boise City’s fathers (and mothers) attempted to run rough shod over the city building code when it came to new apartments near BSU on Lusk Street, but the Idaho Supreme Court, once again, ruled against the city action in an opinion released Tuesday.
If you haven’t seen all the wood construction between Capitol Blvd. and Ann Morrison Park, you are missing out on something like 1,700 housing units built in what looks like a lumber yard. The three private projects are all encouraged by BSU and Boise City as “multi-family units.” From a practical standpoint they will provide student housing and not cost the university anything. They will create traffic, pedestrian, and parking problems, not to mention pedestrian and bicycle traffic across the 8 lanes of Capitol Blvd.
Parking is a major issue, as well as pedestrian and bicycle traffic across the 8 lanes of Capitol Blvd. Here is the official summary of the matter from the Idaho Supreme Court.
917 Lusk, LLC v. City of Boise, Docket No. 41214
“In an appeal from Ada County arising from a petition for judicial review of the Boise City Council’s decision granting a conditional use permit for Royal Boulevard Associates to build an apartment complex near Boise State University, the Supreme Court reversed the decision of the district court affirming the City Council’s approval of the Boise Planning and Zoning Commission’s decision to grant the conditional use permit.
“The Supreme Court held that the Commission and the district court failed to recognize that Idaho law and the Boise City Code provided the Commission with discretion to require the project to provide on-site automobile parking beyond the minimum required by the Parking Chapter.
As a result of this failure to apply governing legal standards, the Commission refused to consider the adverse effects on property in the vicinity, and thus, the decision reflected an abuse of discretion. Additionally, the Supreme Court found substantial evidence supporting Lusk’s claim of potential prejudice to its substantial rights as the project calls for 622 bedrooms to be leased to students and the Parking Chapter requires only 280 parking spaces for the project.”
The opinion indicated the city and P&Z Commission had the authority to mandate additional parking when granting a conditional use permit which allowed taller than legal structures. However both the council and P&Z commishes declined to consider extra parking as a condition of use.
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