Rutherford County board approves special exception to keep barn on subdivided lot

The Rutherford County Board of Zoning Appeals voted unanimously at a meeting to grant a special exception allowing an existing detached barn to remain on a lot that will be left without a principal residence after a subdivision.

The board acted after planning staff summarized the request: the property owner is subdividing a parcel into two lots, one measuring 2.69 acres and the other 4.62 acres, which would leave the detached accessory structure located on a lot without a principal dwelling. Planning staff said the applicant intends to restore the barn for personal storage and recommended the special-exception approval under the county's criteria.

Planning staff told the board the parcel formerly contained a farmhouse and a detached garage that have been removed, leaving the barn as the only remaining structure. "The applicant would like to restore the barn and use it for personal reasons, personal storage," the staff presentation said. Staff also said neighbors were notified and no one who called after seeing the notices objected to the request.

During a public hearing, Tommy Gaines, a nearby resident of 103 Irvin Hills Drive, raised questions about drainage and the location of septic infrastructure, saying, "Site plan does not show the septic tank system" and that runoff from Irvin Hills flows across the road and through the property into a sinkhole and then a creek. Gaines also asked whether the barn or property is used for an off-road vehicle (ATV) operation.

Board members questioned the planning presentation and hearing testimony. One board member asked why the request was before the board if the structure appears to be an agricultural barn; staff replied that the barn is not used in agricultural operations and that Tennessee's agricultural exemption rules require additional paperwork. Staff said the county takes a stricter approach to ensure vacant lots are not later used as uninspected commercial operations: property owners seeking an agricultural exemption must show they meet the state's criteria.

A board member moved to approve the special exception; another board member seconded. The board then conducted a roll-call vote: Mike Curtis, Amber Brown, Jerry Sartain, Gary Farley, Renee Curtis, Patrick Hale and Zane Cantrell each voted yes, and the motion carried.

Planning staff noted that the special exception will no longer be needed once the owner obtains building permits and constructs a principal residence on the lot containing the barn. At the board's request, the county's building codes office will follow up on the neighbor's assertions about vehicle use on the property to determine whether code enforcement or inspections are warranted.

The board closed the item with approval and moved on to other business.