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Concord ZBA denies request to allow three-unit attached dwelling on single-family lot at 230 Portsmouth Street
Summary
The ZBA denied a variance request from Rocklight LLC after finding the applicant did not demonstrate the hardship or uniqueness required under RSA variance criteria; the vote to deny was unanimous after board members said no special conditions justified allowing multifamily development in the single-family RS district.
The Concord Zoning Board of Adjustment denied a variance request from Rocklight LLC to replace a single-family house at 230 Portsmouth Street with a three-unit attached (townhouse-style) dwelling, concluding the applicant had not shown the statutory hardship required for a variance in the single-family RS zone.
Owner Nawaz Azam told the board he believed the lot could support three attached units and cited an interest in adding housing supply. "Because I think there's a shortage in housing, and I saw this as a great lot," Azam said when explaining his motivation.
Planning staff read an unsigned letter of opposition from a nearby resident who cited existing traffic, limited visibility and lack of sidewalks on Loudoun Road and warned that additional density could exacerbate safety and congestion. During deliberations board members focused on the variance standard that requires special conditions unique to the property. Member Perkins said, "I don't see a hardship," and others agreed they had not been shown special circumstances distinguishing this property from others in the neighborhood.
A motion to deny the variance — on the grounds that the applicant had not met the criteria under RSA 674:33 — was moved, seconded and approved unanimously.
The applicant may pursue other zoning- or planning-board routes consistent with the ordinance (for example, by seeking an allowed accessory unit, if applicable) or revise the application and reapply with additional supporting evidence.
