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BZA approves variance for two shipping containers used for Halloween fundraising; staff to review county code
Summary
The Clay County BZA granted a variance to allow two shipping containers on a roughly 3-acre R‑1 property for storage used by a household’s Halloween fundraising for local nonprofits. The board also directed staff to review and propose code amendments addressing container use.
The Clay County Board of Zoning Adjustments voted to allow two shipping containers to remain on a roughly 3-acre property after lengthy public testimony described the containers’ use for a neighborhood Halloween fundraiser that raises money for animal welfare groups.
Planning staff said the property is zoned R-1 (Residential Rural) and the applicant requested a variance from Clay County Land Development Code section 151-6.3(g). That code, adopted in 2020, allows shipping containers only on properties of 10 acres or more, requires containers not be visible from the roadway and calls for a minimum 250-foot setback from side and rear property lines. The county placed notices and mailed 35 letters; the staff report included multiple letters of support and one written opposition.
Homeowner Angie Duras told the board, "Our containers are used 100% for Halloween storage," and described the activity as a neighborhood fundraising tradition that benefits nonprofit animal-welfare groups. Several neighbors and beneficiaries including Terry Hoppenthaylor and Jennifer Phillips spoke in support, citing past donations and community value. Opponent Ronald Mallock questioned whether the containers represented an intentional change by the owners and raised concerns about deed covenants and property values, asking, "How can he not say he intentionally put the containers on the property?"
Planning staff said the case began after a code inspector noticed the containers while working in the area. The board heard about one letter of opposition in the staff packet, two callers who opposed but did not submit written comments, and additional letters of support submitted over the weekend.
Commissioner Joanne Lawson moved to approve case number 25-103 BZA; the motion was seconded and on roll call Lawson voted yes, Commissioner Scott Wagner voted yes and Commissioner John Carpenter voted no. The motion carried 2-1.
During deliberations commissioners discussed neighborhood support, the visual blending of the containers with the house (applicants said they painted them to match), and fairness for other property owners. Director Jones told the board staff will prepare code amendments for planning and zoning to consider, with a target of bringing materials to the planning and zoning commission by July.
The board’s approval applies only to the variance for the property on record. Planning staff said it will continue to enforce any code changes that are in effect at the time of enforcement and will work with the property owner on any compliance schedule if required.
