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Council grants variance for 4910 Essex after lengthy debate over nonconformity
Summary
After extended public comment and internal disagreement, the Somerset Town Council approved variances for additions and a second floor at 4910 Essex Avenue; councilors debated whether pre-existing nonconformity justified the relief.
Somerset’s Town Council voted May 4 to grant multiple variances requested by the homeowners at 4910 Essex Avenue, allowing a widened garage footprint, a new second floor, and a modest front-porch expansion despite the home’s nonconforming position relative to the town’s established building line.
Staff explained the property’s nonconforming condition (older house built inside the town’s established line) and said the applicants seek four variances covering the garage projection, porch, second floor and a revised basement area-way. Town counsel and staff discussed the code standard: the stricter ‘practical difficulty’ test and an alternate, lesser standard available in the town code. The council heard technical clarifications from the town arborist and a presentation from architect Jennifer Verbbeck, who said the owners prefer renovation to a full teardown and that some changes (rebuilding a small portion of the front wall) are proposed to satisfy county setbacks while still seeking relief from the town’s established building line.
Several residents urged the council to insist on design alternatives that would avoid variances; they argued the house could be reconfigured without relief. Other council members, citing the property’s pre-existing nonconformity and the increased cost and structural disruption of major redesign, supported granting relief. A central concern for opponents was the long-term effect of a recorded variance that runs with the land.
Council President Bard put a motion to approve the variances; after debate and amendments the motion passed by voice vote.
What happens next: If the variance is recorded as reflected in the town’s practice, it will run with the land and allow the applicants to proceed with the proposed design unless an appeal is filed in the 30-day window.
