BOISE, Idaho — The Boise City Council is pushing California-based DiNapoli Capital Partners' conditional use permit (CUP) back to the Planning and Zoning Commission for an additional hearing.
DiNapoli owns the Arbor Village assisted living facility on the Boise Bench; the CUP intended to allow the company to convert the building into a 77-unit apartment complex. Planning and Zoning originally approved the CUP in April.
After a resident filed an appeal against the zoning decision, Boise City Council stepped in and reversed the process.
"The council made a decision the code, as written, was not satisfied in this case," Boise City Councilmember Patrick Bageant said.
Before the Planning and Zoning hearing, a number of people - including residents - must be notified of the CUP and hearing, according to Boise City Code.
Roughly 115 people live at Arbor Village, according to Bageant. However, since they were all under one address, only one notification slip was mailed to the facility.
"And so it's a conundrum. How do you mail a notice to 115 people who don't have an address to receive mail? Or at least it is not clear they do. That was the issue we had to sort through. What we ultimately decided was the notice in this case was insufficient. Those people should have been provided with written notice in their mailbox on the site," Bageant said.
"We're looking at how to make the code clearer for both applicants so they don't get into a situation this applicant got into where they felt they complied but council disagreed. That's a waste of resources and time for everybody," said Bageant.
A new hearing will be set at a future date that is not yet determined, according to Bageant. KTVB contacted DiNapoli for comment and has not yet heard back.
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