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Somerset council grants variance allowing asphalt driveway, reduces fee to $200
Summary
The Town Council approved a variance allowing a like‑for‑like asphalt driveway at 4716 Dorset Avenue and reduced the standard $1,000 variance fee to $200 after debating engineering risks of permeable pavement near house foundations and the fairness of the town’s fee schedule.
Somerset, Feb. 3, 2025 — The Somerset Town Council voted to grant a variance that allows the replacement of an asphalt driveway at 4716 Dorset Avenue and set the variance fee at $200, a substantial reduction from the town’s $1,000 standard fee.
The applicant, Deborah Goodings, told the council the replacement is a like‑for‑like asphalt surfacing and that county guidance discourages permeable pavement when a driveway slopes toward a house foundation. “The Montgomery County Department of the Environment … notes that if a driveway was toward a house, the permeable pavement is not recommended,” Goodings said, adding that the slope of her driveway averages about 5.3 percent.
Councilors and staff questioned drainage, possible mitigation and the town’s fee structure before voting. Council members agreed the town code does not clearly address driveways that run close to foundations and that requiring permeable pavement in every case can be impractical. One council member moved to approve the variance and reduce the fee to $200; an amendment to set the fee at $500 failed and the $200 motion passed by voice vote.
Town staff earlier provided estimated administrative costs for processing variance applications; council members referenced those figures during deliberations but said prior precedent and the code’s limitations justified a fee reduction in this case. Town Attorney also noted the council could consider amending the code so future cases are handled consistently.
The decision allows the homeowner to proceed with an in‑kind asphalt replacement; the town manager will issue the permit subject to any standard permit conditions and the 30‑day appeal period for interested parties. The council’s action included a recorded motion approving the variance and setting the fee.
Next steps: The variance is final subject to the local appeal window; the council discussed scheduling a future work session to review the driveway/permeable‑pavement language in the town code.
