June 17, 2025 — The Lawrence Board of Zoning Appeals unanimously approved a variance allowing four proposed lots on East 70 Ninth Street to be platted with no public-right-of-way frontage and to be served by a single private access drive instead.

The petitioners, David and Joanne Sweet, through their attorney Russell Brown of Clark Quinn, asked the board to allow the four new lots to have zero feet of frontage along East 70 Ninth Street, a variance from the development standard in table 7-42-103-4 that requires 40 feet of frontage in a D-2 district. "Our request is that you grant a variance to allow these 4 lots to be developed served only by a private drive without any right of way frontage," Russell Brown said.

The request covers approximately 15 acres immediately west of the Sweets' home. Brown told the board each of the four new lots would be at least one acre and would have frontage on a private drive labeled Block A. He said the private drive reduces the number of curb cuts on East 70 Ninth Street and ‘‘manages development costs’’ by avoiding multiple long driveways. Brown advised the plat must next go to the Marion County Plat Committee; if approved there the petitioners plan a rezoning filing to convert portions of Lot 1 and Lot 2 from SU-1 to D-2 so the lots can be developed.

Renee Rafala, interim director of public works for the City of Lawrence, told the board the city supports the petition. "We are in support of this petition," Rafala said. Councilor Cohen also spoke in favor: "I'm in support of this petition as well," she said, stating she reviewed the mailed materials and the staff report.

Brown told the board the petitioners will ask the July 9 plat committee to accept the plat. He also said the plat committee will be asked for a waiver of the private-drive sidewalk requirement under the subdivision control ordinance; that sidewalk waiver would be considered by the plat committee rather than by the zoning board.

The board voted to grant the variance. With the zoning variance approved, the petitioners will proceed to the plat committee and later to a rezoning filing for the SU-1 parcels the petition would convert to D-2.

Background and context: the private-drive layout was presented as a way to limit curb cuts on East 70 Ninth Street and to keep lot access consolidated. The petitioners told the board the four new lots will likely be developed initially for family members. The plat committee review and any rezoning remain separate approvals; those approvals are required steps before building permits could be issued.