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Board denies one setback variance but approves rear‑yard relief for 133 Miller Avenue
Summary
After applicant testimony and questions about light, maintenance and church impacts, the Portsmouth ZBA severed two variance requests for 133 Miller Avenue, denying the 3‑ft side‑yard variance but approving a 6‑ft rear‑yard variance (where 20 ft is required).
The Portsmouth Zoning Board of Adjustment on April 21 split and decided two variance requests for 133 Miller Avenue, the property of William and Virginia Osborne. The board severed the two requests so they could be considered separately, denied the application for a 3‑foot left side‑yard variance, and approved a 6‑foot rear‑yard variance.
Attorney Tim Phoenix and builder Christian Pearson presented plans for a two‑story attached garage with living space above that would replace an existing small garage. Phoenix told the board the lot is about 14,991 square feet and that the proposed layout keeps the driveway away from a busy intersection. The application sought relief from a 20‑foot rear‑yard requirement to roughly 6 feet and from a 10‑foot side‑yard requirement to roughly 3 feet.
Board members questioned whether the larger new garage would unduly block light to the adjacent First United Methodist Church’s stained‑glass windows and whether maintenance access would be practical at a 3‑foot setback. In voting, the board found insufficient hardship to justify the 3‑foot side‑yard variance and denied that portion of the request. The board then found the rear‑yard variance met the hardship and public‑interest criteria — driven in part by the lot layout and location of the driveway — and approved the rear‑yard relief.
