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Board approves pastoral counseling office at Mount Airy residence with two variances, limits sessions to eight

Carroll County Board of Zoning Appeals · January 8, 2025
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Summary

The Carroll County Board of Zoning Appeals approved a conditional use to allow a pastoral counseling office at 3814 Butler Road and granted variances reducing required lot area and driveway width, conditioned on a limit of eight people at one time and compliance with state regulations.

The Carroll County Board of Zoning Appeals on Jan. 7 approved a conditional use to allow a pastoral counseling office at 3814 Butler Road in Mount Airy and granted two variances, with conditions including a limit of no more than eight people at a time.

Reverend Jose Cuesta, who said he operates Image Makers Ministry as part of the Assemblies of God fellowship, told the board the counseling office would be in the applicants’ residence and operate by scheduled appointment, two days a week for roughly 4 hours each day. "We are seeking to open a counseling an office… it will operate 2 days out of the week," Cuesta said.

Planning staff summarized written comments in the file and told the board the request is consistent with the Carroll County master plan, while county environmental health flagged a potential septic requirement: the department said the proposed use must demonstrate an adequate water supply and space for an initial and two replacement septic systems for the proposed use. Zoning staff also explained a prior administrative adjustment for a professional office was denied because certain professional counseling services would require a Maryland state license.

Anastasia Yemelianova, Carroll County zoning administrator, told the board the two variances sought are a reduction of the required lot size from five acres to 3.32 acres and an access-drive width reduction from 18 feet to 10 feet. Yemelianova said the pastoral counseling use would be permitted as an accessory to an approved religious establishment but cautioned that some services could trigger the need for a state license depending on the scope of care.

The applicant and his wife, Sherry Cuesta, said the counseling would be limited in size and scheduled; Sherry Cuesta testified the counseling sessions would be "no more than 2 to 4 people at 1 time." Board members pressed on frequency, septic and licensing, and several said a condition limiting sessions to eight people addressed the health-department concern. Board member Caldwell said he saw no unnecessary hardship in granting the variances under the presented facts and supported approval.

A motion to approve the conditional use and the two variances passed; the board made approval contingent on compliance with state rules and regulations and the condition that no more than eight people be present at one time. The board’s oral decision will be followed by a written decision to be issued within 30 days, after which the decision may be appealed by filing a petition for judicial review with the clerk of the circuit court for Carroll County.

The board’s action allows the Cuestas to use the existing dwelling for scheduled pastoral counseling under the stated limits, while preserving the county’s enforcement and permitting processes for any services that exceed the scope described at the hearing.