Board of Adjustment grants variance for 1.02-acre lot at East Ninth Street to allow alley access instead of public street frontage

The Fayetteville Board of Adjustment on April 7, 2025, approved a variance allowing Dakota Development to develop a 1.02-acre property at East Ninth Street and South Washington Avenue without direct public-street frontage. The property is zoned RIU (residential, intermediate, urban).

Staff told the board the lot currently has no developed street frontage and is bounded by three plotted rights-of-way that are undeveloped; building a traditional public street to provide the required frontage would require removing mature trees, relocating utilities and constructing a narrow 30-foot right-of-way where existing houses sit close to the plotted street. "Given the difficulty there and the hardship associated with developing that road," planning staff said, "we are recommending approval of this variance with conditions." Gretchen, the planning presenter, summarized the recommended conditions: provide a sidewalk through the Ninth Street right-of-way rather than a paved street; improve both alleys adjacent to the property; and require the new homes to orient facades and design details to treat those alleys as streets.

Laural David of Dakota Development told the board the applicant submitted conceptual plans and completed technical review with the fire marshal. "We can do a private drive cut through farther north, which would actually meet the distance requirements that are required by the fire marshal," David said, noting the developer prefers to avoid excess pavement and to preserve mature trees.

Board members asked whether fire and utilities can be accommodated; staff and the applicant said Fire reviewed the concept and indicated alley access could be feasible but that final development approvals will require coordination with Fire, Water and Sewer and other departments. The board approved the variance with staff conditions by roll call (Fox: yes; Atkins Horry: yes; Keys: yes; Jason Young: yes).

The variance approval does not itself grant development permits. The planning staff noted the approval is conditioned: sidewalk in the Ninth Street right-of-way, improvement of both alleys, and design measures so that units facing alleys meet urban residential design standards. If the project later cannot satisfy fire access, utility or other development requirements, those matters must be resolved before building permits are issued.

Votes at the meeting recorded the motion to approve the variance with staff conditions carried 4-0.