CVS Pharmacy withdraws appeal on State Street drive-thru denial

In a single sentence, the developer of a proposed CVS Pharmacy has withdrawn an appeal of the Boise Planning & Zoning Commission denial of a drive-thru window at a CVS planned for State and 17^th streets.

The commission on Dec. 4, after hearing opposition to the CVS from surrounding neighborhoods for five hours, denied a conditional-use permit to allow a drive-thru. The commission cited Blueprint Boise, the city’s comprehensive master plan comprehensive plan, which favors mixed-use development in that area.

Boise attorney Geoffrey Wardle, on behalf of CVS developer T.M. Crowley, filed a Dec. 21 appeal, stating that the denial was “arbitrary, capricious or an abuse of discretion in that it was made without rational basis.”

The appeal was withdrawn Jan. 4.

“We are withdrawing and not proceeding with the appeal of CUP17‐00072,” Wardle wrote to Boise Planning and Development Services.

It is not clear whether CVS will proceed at State and 17^th. The Planning & Zoning denial only pertained to a drive-thru. The property is zoned commercial and the existing structures can be demolished and a pharmacy can be built without seeking commission or city council approval.

Wardle declined to elaborate on CVS intentions at State and 17^th.

“All I’m at liberty to say is what is in the email,” Wardle said.

Cody Herbster, vice president of real estate at T.M. Crowley, has not responded to phone or email messages.