Albertson heirs fought 6-story condos hurting view of Foothills. A judge just ruled
Heirs of the Albertsons grocery-chain founder did not get what they wanted from a judge’s ruling on a proposed Boise River condo project that they oppose.
But the decision by Ada County District Judge Patrick Miller did not satisfy the condominiums’ developer, either. Miller’s ruling leaves in limbo how high Douglas Jayo can build his 304-unit, five-building Trapper’s Island project at 3600 Americana Terrace.
The Boise Planning and Zoning Commission approved the project at a height of 63 feet, instead of the 83 feet requested by developer Jayo Holdings, or the 45 feet requested by the grandson and great-granddaughter of Albertsons founder Joe Albertson and his wife, Kathryn Albertson.
Both sides appealed, and last September, the Boise City Council raised the allowable height to 70 feet — high enough for six stories.
The heirs, Joe and Jamie Scott, say the condos would worsen the view when they and their neighbors look north toward downtown or the Foothills from their homes on the Depot Bench’s north edge.
They also argue the development would violate the integrity of the Boise Greenbelt and destroy the serenity of Kathryn Albertson Park, which is between their North Houston Road homes and the condo site.
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(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 argued that the Planning and Zoning Commission and the City Council erred by allowing an exception to the 45-foot height limit allowed by the site’s zoning.
In its June 2019 decision, the Planning & Zoning Commission based its 63-foot limit on restrictions previously placed on the five-story River Edge Apartments, at 1004 W. Royal Ave., near the east entrance to Ann Morrison Park. After Jayo appealed, the City Council found that a case could be made the raise the height limit to 70 feet.
But Miller ruled that the council did not provide an adequate explanation when it declared the 63-foot limit ”arbitrary and capricious.”
“In the court’s view, P&Z’s reference to a building in a similar location and in the same general area and with a residential use does not appear to support the argument P&Z’s decision was arbitrary,” Miller wrote in his July 20 decision. “P&Z did not say the fact (River Edge) was litigated created a legal standard, but reflected the fact the project received attention and, therefore, provided ‘good guidance to go on.’”
Miller sent the case back to the City Council. “The further required proceedings would appear for the City Council to deny both (Jayo’s and the Scotts’) appeal of the P&Z decision and to affirm P&Z’s approval of the project with the conditions” imposed by P&Z, Miller wrote.
After Miller ruled, Jayo asked him to reconsider. The Boise developer said the Scotts did not demonstrate they were harmed by the actions of the planning commission or the council. Jayo argued that disruption of a view is “not a protectable interest in the state of Idaho.”
Jayo asked Miller to defer to the City Council’s decision setting the height limit at 70 feet. But at a hearing on Tuesday, the judge declined.
“I continue to believe that the City Council erred when it found the P&Z decision was arbitrary and capricious,” Miller said.
