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Commissioners approve two homestead lot splits and one rezone to allow possible 40‑acre split

July 01, 2025 | Butler County, Kansas


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Commissioners approve two homestead lot splits and one rezone to allow possible 40‑acre split
Butler County commissioners on a unanimous vote approved two homestead lot‑split requests and a rezoning that county staff said would allow owners to split smaller home sites from larger agricultural tracts.

The actions affect three separate parcels: a 72.3‑acre tract for a proposed 8.6‑acre split (homestead lot split PL 2527), a 21‑acre tract for a proposed 5‑acre split that would include about 1 acre of an adjacent son’s property to reach the required acreage (homestead lot split PL 2528), and a rezone request from AG‑80 to AG‑40 on a 156‑acre property so the owner could possibly split off about 40 acres surrounding the current home (resolution 25‑29).

Toby Stewart of Community Development summarized each request, saying the lots are outside the county urban growth area, have been used for agricultural purposes and are surrounded by similar AG‑80 or AG‑40 zoning. Stewart told the board that the planning commission recommended approval of each request by a 6‑0 vote. Commissioner Herrissett moved approval of the homestead lot split and APO overlay agreement for PL 2527; Commissioner Masterson seconded and the motion passed 5‑0. Herrissett then moved approval of PL 2528 with Masterson seconding; that motion passed 5‑0. Commissioner Masterson moved approval of resolution 25‑29 to reclassify the Bruce Penner property to AG‑40, Commissioner Herrissett seconded, and the motion passed 5‑0.

County staff noted site specifics during the presentations: the 72.3‑acre tract is served by a private well and lagoon wastewater system and is adjacent to gravel roadways maintained by Fairmont Township; the 21‑acre parcel has portions mapped in FEMA floodplain and a dam breach area (those portions would remain inside an APO); and the 156‑acre rezone parcel is approximately two miles southeast of Elbing and would likely use a private well and septic or lagoon for wastewater if a dwelling were constructed.

The board’s approvals followed staff recommendations and the planning commission votes. No amendments were proposed during the meeting.

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