Carroll County Board of Zoning Appeals Hearing – January 27, 2026
Carroll County Board of Zoning Appeals Hearing – January 27, 2026
[The Carroll County Board of Zoning Appeals held a public hearing on January 27, 2026, at 225 North Center Street, Westminster, MD. The board heard four cases: a conditional use for a family cemetery, a motion to reconsider a previous variance denial for an accessory dwelling unit, an appeal of a zoning administrator’s determination regarding a drug treatment facility, and a conditional use for a contractor’s equipment storage yard with variances. Decisions were made on all four cases.]
Public Comments & Testimony
- Joseph Bence (Case #6581): Resident of nearby neighborhood testified that he and his wife clean up trash along Poole Road and have noticed increased trash and discarded needles since the facility opened. He expressed concern about the presence of a methadone clinic near a school bus stop.
Discussion Items
Case #6595 – Conditional Use for Small Family Cemetery (9:00 a.m.)
- Applicant: Blaine Harman, seeking to establish a private family burial site on a property located at 1785 Stover Road, Taneytown, zoned Agricultural (A) District. The site is 12 acres? (Not specified, but property is in a farm). The proposed cemetery is in a wooded area, not on agricultural fields. The applicant stated that the farm is being placed in a family trust, with headstones and fencing. Planning staff found the request consistent with the 2014 Carroll County Master Plan. The Ag Advisory Board must approve at its February 2026 meeting. The zoning administrator requested a zoning certificate for record-keeping.
Case #6589 – Motion to Reconsider Variances for Accessory Dwelling Unit (9:30 a.m.)
- Applicant: DRS Associates (Todd Krauss) requested reconsideration of a previous BZA decision (October 28, 2025) that denied variances for an accessory dwelling unit. The property is at 64 Warfieldsburg Road, Westminster, zoned Agricultural (A) District. The variances requested: area variance from 3 acres to 2.5 acres (0.5-acre variance) and distance variance from 50 feet to 290 feet (240-foot variance). Attorney Kelly Schaefer Miller argued that the property’s unique shape, existing improvements (septic field, easement, garage, pool) create practical difficulty. Board members questioned the size of the variance (nearly six times code) and whether the applicant had exhausted other options. The board voted to uphold the original denial.
Case #6581 – Appeal of Zoning Administrator’s Determination (10:00 a.m.)
- Appellant: Richard E. Robey, appealing the zoning administrator’s finding of no violation regarding a drug treatment facility (Healing Hearts Treatment Center) at 688 Poole Road, Westminster, zoned R-10,000 Residential District. The property is a medical office complex with a non-conforming use as a medical center (approved in 1981 and 1984). The zoning certificate issued in January 2024 for a “change of tenant” listed a methadone clinic. The appellant argued that the use is a drug treatment facility, which is prohibited in R-10,000 under 2023 code amendment. The zoning administrator testified that the use remains a medical center (non-conforming), and the change of tenant was proper. The board denied the appeal, upholding the zoning administrator’s decision.
Case #6560 – Conditional Use for Contractor’s Equipment Storage Yard with Variances (11:00 a.m.)
- Applicant: Jonathan Villanueva, seeking approval for a contractor’s equipment storage yard at 2331 Hampstead-Mexico Road, Westminster, zoned Agricultural (A) District. The property is 12 acres. The proposed storage yard area is 2.19 acres (variance of 1.19 acres from the 1-acre code requirement). Multiple distance variances are also requested. The applicant previously received approval in 2023 but it expired. The current use is less intense than before (no mulching, fewer employees, organic debris removed). The board found the property unique due to its topography and orientation, making variance compliance impractical. The request was approved.
Key Outcomes
- Case #6595: Approved unanimously. The conditional use is granted subject to approval by the Ag Preservation Board (February 2026) and issuance of a zoning certificate. Written decision within 30 days.
- Case #6589: Motion to reconsider denied unanimously. The board reaffirmed its original decision (October 28, 2025) denying the variances. Written decision within 30 days.
- Case #6581: Appeal denied unanimously. The board upheld the zoning administrator’s determination that no violation exists. The use remains a legal non-conforming medical center. Written decision within 30 days.
- Case #6560: Approved unanimously. The conditional use and all requested variances (area and distance) are granted. Written decision within 30 days.
Meeting Transcript
We're going to call the Board of Zonning Appeals hearing to order here this morning. And the first case we have is 6595. Mr. Harmer, if you come forward to the table and the microphones.071.01, one fifty-eight.002. A site visit is planned for January 22nd, 2026 at approximately 915 AM. In the file in the file of this matter, we have the following documents. There is a response to Bethany Henderson's request to various state and local agencies from J.P. Smith Jr. Ag Preservation Program Manager. This request for a private family burial site needs to be approved by the Carroll County Ag Advisory Board. Approval could be given pending a decision of the Ag Board at the February board meeting. There is a January 15, 2026 memorandum from Carlisle Flat Comprehensive Planner. The above reference BZA case has been reviewed for consistency with the policies and recommendations contained in the 2014 Carroll County Master Plan as amended in 2019 to Carroll County Water and Sewer Master Plan and other functional plans. Based on the factors described above, planning staff finds that this request is consistent with the 2014 Carroll County Master Plan as amended in 2019. There's a January 15, 2026 letter from Daphne Daly, Secretary to the Planning Commission to the Board. After having reviewed the information contained in the attached analysis, the facts as presented in the application, the relevant portions of the applicable comprehensive and other functional plans, and in accordance with the provisions set forth in the land use article. This conditional use request, if granted, is consistent with the policies, timing of the implementation of the plan, timing of development, timing of rezoning, development patterns, land uses and densities or intensities. There is a response to Bethany Henderson's request to various state and local agencies from Anastasia Yemelanova zoning administrator. The subject property is located within the agricultural zoning district. Cemeteries are classified as conditional use requiring approval by the BZA pursuant to chapter. The Carroll County Zoning Code does not distinguish between commercial cemeteries and private or family burial sites accordingly. Cemetery uses are generally intended to be reviewed by the BZA. In this instance, a bureau has already occurred on the property, and the Bureau activity is represented as being limited to a private family burial site located on the applicant's own property with no commercial component. In light of the limited scope and private nature of the use, zoning administration respectfully requests that should the board find the use acceptable, the applicant be required to obtain a zoning certificate for administrative and record keeping purposes. Hearing notice was posted January 9th, 2026 by Inspector Scott Robinson. Various maps in the file. Do I have a motion to enter the following evidence? So moved. Second. All those in favor, aye. Aye. All opposed, no. We will go ahead and move the following evidence. Mr. Harmon, uh, let me try to explain the procedure that we use here at the Board of Zoning Appeals. You as the applicant will have the opportunity to present your case as it relates to this request. Um the anyone from the public then can ask you questions of your testimony. The board will have the opportunity to ask you questions of your testimony. Anyone else that wants to make comment about the case will have that opportunity to do that at that point. And then you'll have the opportunity for a summation comments if uh you would like, and then the board will make the decision. Okay. I understand you will totally understand the process when it's all over. Okay. So Mr. Harmon, would you you want to go ahead and uh tell us what your request is and and and the um the need for it and just go through everything? Um we're requesting uh burial site on the farm. My kids are the fourth generation. We plan on keeping it in the family, forming a trust that it would be that way forever. Um they're not okay. And the um will there be any um will there be it I guess it really doesn't matter?
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