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Variance approved to let St. Agnes Church split parcel to protect historic cemetery
Summary
Commissioners approved a variance allowing St. Agnes Church to subdivide a roughly five‑acre property so the on‑site cemetery can be separately platted and protected; the decision was justified on the record by a state exception for cemeteries and passed on a 6–0 roll‑call vote.
Acting as the meeting chair, a commissioner moved and the planning body approved a variance requested by St. Agnes Church that will allow the church to split a roughly five‑acre property so the cemetery on the site can be separately platted and preserved.
The proposal, introduced by staff, cited Article 18 §1807 and Article 19 §1907 of the zoning code and described the parcel by metes and bounds. Bill, the staff presenter, said the division responds to a vacated historical section line and the parcel geometry: splitting the tract would result in two parcels of about 2.5 acres each and allow the church to retain and maintain the cemetery while divesting the remainder.
Father Bob, who spoke for the parish, said the parish council determined it does not have the resources to maintain both the unused hall and the cemetery and wants to keep the cemetery and church while selling the other parcel to someone who could maintain it. “We’re currently not using either one and it’s really a shame to see facility not being used,” Father Bob said, adding the parish plans to focus its efforts on the church and cemetery.
Several commissioners raised concerns about the legal standard for variances and the county’s minimum lot size for agricultural districts. Commissioner Sherry, who described herself as strict on variance standards, noted, “My concern is we’re making a small lot and our lot requirement is 10 acres … under that requirement my vote would be no just because that’s what variances are — they’re very high bars.” She said she was persuaded in this case only because of the cemetery factor and the need to avoid setting an unintentional precedent.
Staff and other commissioners noted that state law provides authority to plat family or small cemeteries without a minimum lot area. Bill said the commission should reference that state authority in the approval to make clear the decision is limited to protecting the cemetery, not a general relaxation of agricultural lot standards.
On a roll‑call vote the variance passed with six yes votes (Huber, Lo, Kettering, O'Hara, Welsh and Knifl). The commission then approved the related plat to accompany the variance.
The action allows St. Agnes Church to proceed with the revised legal description and separate the cemetery; staff said they will include a citation to the applicable state cemetery provisions in the recommendation to clarify the basis for the exception. No details about resale terms or a timetable for sale were provided.
