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Easements mulled for Eighth & Main tower

Boise’s urban renewal agency is considering height limitation and air-rights easements for the Eighth & Main retail and office tower planned downtown.

The height limitation easement would preclude any building, structure or other improvement over 64 feet above the finished first floor of Eastman Parking Garage, abutting  the building site, according to a report included with the Capital City Development Corp. June 15 meeting agenda. This easement has potential to allow a shade structure and photovoltaic devices on the top of the CCDC-owned garage.

Under the 2009 International Building Code the City of Boise adopted, a height limitation easement is required before developer Gardner Company can get a permit to build the 17-story  tower with northwest-facing windows and penetrations along the property boundary between the tower and garage. CCDC Development Director Mike Hall said receiving this easement would allow the developer to build at the property line instead of setting the building back.

The air rights easement would allow canopies, lights and attachments to the office tower in a space that starts 58 feet above the garage’s first floor, and extends 12 feet horizontally northwest of the tower site and 256 feet vertically, the agenda report said.

Gardner Company. Chief Operating Officer Tommy Ahlquist said the company must make sure Eighth & Main’s easements align with other building owners’ easements over the Eastman Garage.

City of Boise Project  Manager Angie Brosious said the easements would allow Gardner Company  to build up to its property line, with openings for windows, while maintaining building and fire code separation requirments. The easements also would allow the office tower to have awnings and lighting that encroaches into the air space above the garage.

The proposed height limitation and air rights easements mirror those CCDC granted in 2000 to Boise Tower Associates. That group dug a foundation but did not complete a planned commercial and residential building on the site.

Updated to correct Eastman Garage location and potential impact of height limitation easement.

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