Jackson County zoning commission approves rezoning for Mark Heights parcel on Highway 52

The Jackson County Zoning Commission voted unanimously to rezone a parcel at 38209 Highway 52 (case ZC25-03) from A-1 to R-1, clearing the way for the owner to divide the roughly 40,000-square-foot lot into two minimum 20,000-square-foot residential lots.

Commissioners approved the rezoning after hearing from the applicant and county staff about how the lot split would work and what follow-up steps would be required.

The applicant, Mark Heights, told the commission he and an adjoining landowner were considering splitting the yard so ‘‘we can keep half the yard by our house’’ and resell the other half; he said they did not plan to build immediately on the parcel being sold. Heights described a possible swap of 30 feet of frontage at the far end of the lot to preserve two lots that meet the 20,000-square-foot minimum. He also said part of an existing garage would be removed as part of the process.

County staff walked the commission through the parcel’s acreage and configuration, noting the applicant’s current lot measured about 38,000–40,000 square feet, meaning a 40,000-square-foot property could be split into two 20,000-square-foot parcels that meet the minimum. Staff cautioned that if the applicant gave away the south portion now, subsequent splits might not meet the size requirement unless the proposed 30-foot swap at the other end of the property were secured — and that the Iowa Department of Transportation would need to grant access approval if the swap involved driveway or right-of-way changes.

Staff and the applicant also discussed septic and well locations; the county’s health department review will be required to confirm setbacks and suitability for additional lots. The commission and staff discussed use of an easement versus transferring ownership of the strip used for driveway access; staff advised an easement would allow access without transferring underlying property ownership but would not convey title.

After discussion, Commissioner Monica McHugh moved to approve the rezoning from A-1 to R-1 for the property at 38209 Highway 52 (case ZC25-03). The motion was seconded and carried in a roll-call vocal vote, with each voting commissioner recorded as voting yes and one commissioner excused. Staff said the applicant’s surveyor was waiting to proceed pending the commission’s decision.

The commission did not adopt a separate direction beyond approval; staff noted the applicant would need to finalize survey work, secure any required Iowa DOT access approvals, and satisfy health department requirements for septic and well setbacks before recording any lot-split or subsequent development.

The commission closed the public hearing and approved the rezoning motion by majority voice and roll-call vote.

The commission’s action was confined to the rezoning request; any future adjustments to legal descriptions, rights-of-way, or a later request to rezone additional adjoining parcels would require separate applications and public notice.