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Somerset council approves variance for 4716 Dorset, sets reduced fee at $200
Summary
The Somerset Town Council on Feb. 3 approved a variance allowing homeowner Deborah Gooding to replace an asphalt driveway in kind at 4716 Dorset and reduced the standard $1,000 variance fee to $200, with council discussion emphasizing engineering constraints and a possible future code revision.
The Town of Somerset Council approved a variance on Feb. 3 allowing a homeowner at 4716 Dorset to replace a nonpermeable asphalt driveway in its existing footprint and set the variance fee at $200.
Deborah Gooding, the applicant and a registered professional engineer, told the council the driveway slopes toward the foundation and cited Montgomery County guidance discouraging permeable pavement for that condition. "The stormwater that comes onto our property, from uphill, far exceeds the amount of water that's coming down by this," she said, arguing that permeable pavement could introduce standing water near the foundation.
Town staff and the town attorney framed the application as a variance from Somerset Code section 1.1.12-14(e)(5)(b), which requires new or replaced driveways to be constructed of permeable materials. Council discussion focused on two separate issues: whether the specific slope and proximity to the house justified a variance and whether the town's fee schedule fairly reflected the staff and legal time spent on a variance review.
Several councilors said the code lacks clear guidance for driveways that run immediately adjacent to foundations and indicated the council should consider a code amendment to address that gap. On the fee, council members proposed a range of reductions; an amendment to set the fee at $500 was defeated and the council approved the variance with the fee reduced to $200.
The council did not identify a roll-call vote in the public record; the motion passed as recorded by the mayor. The council noted staff will examine code language on permeable surface requirements for future updates.
Next steps: the variance is approved and staff indicated any permit issuance will follow standard process and appeal windows under town procedures.
