Albertson heirs take their fight against 300 Boise River condos to court
Two heirs of the Albertson family struck out with Boise officials when they tried to limit the height of planned condominiums they could see when looking toward downtown or the Foothills from their homes on the Depot Bench’s north edge.
Now, Joe Scott and Jamie Scott have gone to court in another attempt to keep the 304-condo Trapper’s Island project from fouling their views.
The Scotts, grandson and great-granddaughter of Kathryn Albertson and Albertsons grocery store founder Joe Albertson, say the Boise Planning and Zoning Commission and the City Council erred by allowing an exception to the height limit for the project at 3600 Americana Terrace.
“The approval of the height exception was granted without any proper or rational justification by the Boise City Council permitted by the Boise City Development Code,” Boise lawyer Terry Copple, who represents the Scotts, wrote in the suit filed in Ada County District Court.
Last June, the Planning and Zoning Commission approved the project for a height of 63 feet, instead of the 83 feet requested by developer Jayo Holdings of Boise or the 45 feet requested by the Scotts. Both sides appealed, and in September the council raised the allowable height to 70 feet.
“The decision of the Boise City Council in reversing the decision of the Planning and Zoning Commission was arbitrary, capricious and constituted an abuse of discretion,” Copple wrote.
The Scotts claim the commission and council ignored the ramifications the housing project would have on views from their homes and those of their neighbors. They said that was a legitimate reason to deny the application.
They also argued the housing development would destroy the serenity of Kathryn Albertson Park, which is between their North Houston Road homes and the condo site, and violate the integrity of the Boise Greenbelt. Houston Road parallels the edge of the Bench from Irving Street’s eastern end south to the point where Americana Boulevard turns into Emerald Street at Latah Street.
The Scotts said the council improperly relied on the fact that the project would generate tax revenue for desired urban renewal because of its location in the Shoreline Urban Renewal District. The condos’ property taxes could help pay for infrastructure improvements within the district.
The Scotts also objected to time limits imposed by the planning commission and the city council during hearings. Limiting the opponents’ testimony to 3 minutes “constitutes a violation of the petitioners’ constitutionally protected due process and other rights,” Copple wrote.
Time limits are often placed on speakers at public hearings to keep the meeting moving and give everyone a chance to speak. Those who testify are also allowed to submit written statements to incorporate arguments they may not have time to fully present while speaking.
JoAnn Butler, a Boise attorney who represents Jayo Holdings, wrote in a reply to the Scotts that her client disagrees with the Scotts’ interpretation of state and city code requirements.
A hearing on the matter has not been set.
Boisedev.com first reported on the lawsuit.
