Portsmouth grants dimensional variance for Prudence Island garage with deed restriction and conditions

The Portsmouth Zoning Board of Review granted Richard and Kathleen Homan a dimensional variance to construct an additional garage at 364 Narragansett Avenue on Prudence Island, subject to conditions intended to limit future conversion and to protect neighbors’ access.

Attorney Court Chappell told the board the lot is irregular and topographically constrained; the proposal reduces required setbacks because of site constraints and the existence of a pre‑existing foundation and boathouse. He said the garage would be used for storage and boat/garage needs and that pushing the building farther back would require an extensive retaining wall. "It's just a garage," Chappell said, arguing the relief is the least necessary given the lot’s character.

Neighbors objected, arguing the owner controls adjacent land and therefore alternatives exist; nearby resident Eric Crane urged the board to apply the case‑law standard that a variance cannot be requested where an applicant creates the need. "You can't create your own need and then ask for variances," Crane said.

Chappell and the applicants argued the lot’s slope, the location of existing foundations and the preexisting building footprint limited reasonable alternatives; staff provided a positive report and the board discussed appropriate conditions. The board's motion included conditions that no plumbing be installed in the new garage, that any conversion to residential use return to the board, and that the lot not be sold separately (a recorded restriction referencing both parcels).

The motion passed on a voice vote; board members said the relief would not alter the neighborhood character, cited the lot’s unique topography and noted the deed restriction and conditions were intended to prevent commercial or residential conversion without further review.

The board authorized staff to record the condition so it appears on the land records. The applicant was reminded that any future change of use would require a return to the board.