BZA denies major home'based concrete business after neighbors cite runoff, unpermitted structures
January 15, 2026 | Rutherford County, Tennessee
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The Rutherford County Board of Zoning Appeals voted to deny a special'exception request that would have allowed a major home'based concrete construction business at 10279 Manchester Pike.
Planning staff described Application 2026003, filed by Heriberto (listed in staff materials) and with testimony given by Blair on behalf of her husband, saying the property is about 5 acres, includes a single'family residence and accessory structures, and that the applicant requested approval for indoor and outdoor storage of trucks and equipment and four nonresident employees. Staff noted the application resulted from a code enforcement action and that one accessory structure had been built without a building permit.
Neighbors who live across and near the subject property presented a detailed slide presentation and said the owners added a large metal building "60 by 80" (described at multiple points as roughly 4,800 square feet), a large gravel parking area, and newly placed fill and a culvert that redirected stormwater onto adjacent properties. Robert Benton told the board the changes had increased runoff onto his land and submitted photos and a short video showing what he said was flooding after less than one inch of rain.
Planning and engineering staff told the board they had inspected the property; permits for the new structures were later opened and remain active, and staff said they would ask stormwater/engineering to investigate additional recent fill. Code enforcement said that if the application were denied they would allow the applicant time to relocate the business and would continue inspections and enforcement as needed.
Board discussion focused on compatibility with RM residential zoning, the scale of structures and equipment, and precedent: members noted major'scale operations and truck traffic are generally more appropriate in commercial or industrial zones. A motion to deny was made and carried by roll call.
Next steps: Staff will continue stormwater and code investigations and advise on remediation or enforcement if violations are confirmed.
Planning staff described Application 2026003, filed by Heriberto (listed in staff materials) and with testimony given by Blair on behalf of her husband, saying the property is about 5 acres, includes a single'family residence and accessory structures, and that the applicant requested approval for indoor and outdoor storage of trucks and equipment and four nonresident employees. Staff noted the application resulted from a code enforcement action and that one accessory structure had been built without a building permit.
Neighbors who live across and near the subject property presented a detailed slide presentation and said the owners added a large metal building "60 by 80" (described at multiple points as roughly 4,800 square feet), a large gravel parking area, and newly placed fill and a culvert that redirected stormwater onto adjacent properties. Robert Benton told the board the changes had increased runoff onto his land and submitted photos and a short video showing what he said was flooding after less than one inch of rain.
Planning and engineering staff told the board they had inspected the property; permits for the new structures were later opened and remain active, and staff said they would ask stormwater/engineering to investigate additional recent fill. Code enforcement said that if the application were denied they would allow the applicant time to relocate the business and would continue inspections and enforcement as needed.
Board discussion focused on compatibility with RM residential zoning, the scale of structures and equipment, and precedent: members noted major'scale operations and truck traffic are generally more appropriate in commercial or industrial zones. A motion to deny was made and carried by roll call.
Next steps: Staff will continue stormwater and code investigations and advise on remediation or enforcement if violations are confirmed.
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