Editor’s Note:  The following story appeared January 25, 2013 in the online edition of the Bradenton Herald. That community is working through an issue that is heating up in Vero Beach, namely short-term rentals.  

Yesterday, John Carroll, husband of City Councilwoman Tracy Carroll, and a former member of the city’s Code Enforcement Board, was able to convince the three Board members with whom he served to side with him in a disagreement over Planning Director Tim McGarry’s interpretation of City Code.  McGarry maintains the Code does not allow for rentals of less than 30 days in residential areas.  

The Board sided 3-2 with Carroll, leaving the City Council now to decide whether or not to appeal the decision to local court. 

Carroll admitted to the Board that a home owned by he and his wife, Tracy, has been rented on a short-term basis, but he contended the city’s code does not explicitly prohibit short-term rentals.  Carroll, who made a spirited presentation at yesterday’s Code Enforcement Board, made a point of letting the Board know has worked successfully through Texas helping the Walmart Corporation overcome local zoning ordinances.

 

Anna Maria officials get an earful about short-term rental problems

By NICK WILLIAMS — nwilliams@bradenton.com

ANNA MARIA — Years of pent-up frustration regarding the construction and abuse of vacation rentals in Anna Maria residential neighborhoods was turned loose at Anna Maria City Hall Thursday night.

City officials responded by voting to mandate enforcement of existing restrictions on short-term rental properties.

Dozens of residents flooded City Hall, some forced to crowd the doorway of the building just to hear the discussion. Others peeked through windows from outside the building.

One after another, residents raised their hands to voice their displeasure with the growing dilemma of short-term rentals bringing unwanted and abundant noise, cars and people into the community. The residents said the tourism rush is ruining the quality of life in Anna Maria.

“I hate what I’ve seen happen to this community,” said Commissioner Dale Woodland.

“It’s about time the city showed some leadership and put their money where their mouth is and get this done,” said Commissioner Gene Aubry.

Resident Richard Penn said a house on his block was advertised to sleep 10 people. Another resident, Jill Morris, said within one block of her neighborhood, two new homes are being constructed while another is undergoing renovation. A sign across the street from her home reads “5 bedroom, 4 bathrooms.”

“I’m very concerned about the size of that house given the size of the houses on my street,” she said.

A first reading for a proposed revision to city zoning regulations prompted the huge crowd. The revision aimed to limit the number of cars that can park on a property based on the number of bedrooms. Under the new revision, homes with one or two bedrooms would require two parking spaces while three-bedroom homes would be limited to three spaces. Three bedrooms or more would require one additional parking space for each two bedrooms or fraction thereof.

The residents said the revision wouldn’t solve the problem.

“Parking is not addressing the elephant in the room,” Morris said. “Many of us don’t want mansions on our island. This parking issue is trying to shrink the elephant down. Many of us do not want these large houses. This is not how Anna Maria has been in the past.”

One resident suggested the city create a regulation that stipulates any home with five bedrooms or more be categorized as a motel and that families who move to the city file a variance if they require such a house.

Bob Carter, who has lived in the city for seven years, suggested the city pass a moratorium to cease all permits to build new homes on the island.

“Certifications will roll in as word gets out about us talking about this,” Carter said.

Commissioner Chuck Webb informed the board that short-term rentals are already prohibited in Anna Maria, but the rule hasn’t been enforced. Webb, an attorney, found the prohibition in the city’s comprehensive plan and zoning code. The plan and code require that all land-use elements be compatible with residential zones and a short-term rental is illegal. Webb then made a motion to force the city to enforce the code. The motion was passed, 4-1, and was met with resounding applause from the audience.

Starting today, the city will begin resubmitting land use category forms to pre-existing property owners to clarify the intentional use of the property. Nonconforming properties will be subject to city enforcement.

Blalock Walters attorney Scott Rudacille, who said he represents property owners in Anna Maria, cautioned the board.

He referred to a lawsuit filed against the City of Venice challenging the constitutionality of its interpretation to categorize short-term vacation rentals as commercial properties that can’t exist in residential zones. He said the lawsuit has cost the city millions in litigation fees.

But commissioners and residents said they weren’t afraid of a lawsuit.

“We’re talking about losing our long-term residents,” said Commissioner John Quam.

A second reading of the revision to the city zoning regulations regarding parking is scheduled for Feb. 14.

Nick Williams, Herald reporter, can be reached at 941-748-0411 ext. 7049. Twitter:@_1NickWilliams

http://www.bradenton.com/2013/01/25/4365457/anna-maria-officials-get-an-earful.html

 

Anna Maria avoids litigation with rental reversal, but problem not solved

Published: January 31, 2013

By NICK WILLIAMS — nwilliams@bradenton.com ANNA MARIA — The city of Anna Maria avoided possible litigation by reversing the enforcement of short-term rental violations, but some of the city’s vacation rental businesses have already experienced blowback.

On Tuesday, city commissioners voted 3-1 to rescind a previous motion approved on Jan. 24 to enforce existing city restrictions on short-term rental properties. Commissioners called the Jan. 24 vote premature and agreed to begin meeting in weekly workshops on Thursdays to grapple with the short-term rental problem.

The Board of Commissioners will meet for their first workshop on short-term rentals at 6 p.m. tonight at City Hall.

Residents and commissioners have said excessive short-term rental properties have resulted in unwanted traffic and noise and are destroying the quality of life.

At the Jan. 24 meeting, Anna Maria Commissioner Chuck Webb informed the board that short-term rentals are already prohibited in Anna Maria, but the rule hasn’t been enforced. Webb, an attorney, found the prohibition in the city’s comprehensive plan and zoning code.

The plan and code require that all land-use elements be compatible with residential zones and a short-term rental is illegal. Webb then made a motion to force the city to enforce the code. The motion was passed, 4-1, and was met with resounding applause from a residents who crowded City Hall.

Under the motion, the city would resubmit land-use category forms to pre-existing property owners to clarify the intentional use of the property. Nonconforming properties would be subject to city enforcement.

Commissioner Dale Woodland was the only commissioner to vote against the motion on Jan. 24. He said the decision was a knee-jerk reaction to the pent-up frustration turned loose by residents during the meeting. He said the board did not have ample time to digest the information provided by Webb.

“Not only did I feel like I didn’t know the information, my colleagues as well,” he said. “The public hadn’t seen it and didn’t have a chance to see.”

Woodland said the root of the issue is a disturbance of the peace when an abundance of vacationers come to Anna Maria.

“I have no problem with us having visitors,” he said. “But it’s our responsibility as a commission to control that when it does have a negative impact on the community.”

Larry Chatt, owner of Island Real Estate on Anna Maria Island, warned commissioners of the financial ramifications of passing such a rule at the Jan. 24 meeting. Since that meeting, Chatt said several property owners have canceled their rentals agreements with his company.

“Many clients have told us they are no longer interested,” he said.

Chatt said the ripple effect may last for weeks, even months.

“The financial repercussion is so far off the charts compared to the problem,” he said.

Attorney Scott Rudacille, who represents property owners in Anna Maria, said he was prepared to file a lawsuit against the city before the commission reversed the motion Tuesday. Rudacille also attended the Jan. 24 meeting, and like Chatt, warned the commission of the consequences.

Rudacille referred to a lawsuit filed against the city of Venice challenging the constitutionality of its interpretation to categorize short-term vacation rentals as commercial properties that can’t exist in residential zones. He said the lawsuit has cost the city millions in litigation fees.

“That’s a major property right issue when you talk about limiting people’s rights to rent their property,” Rudacille said.

Chatt said many property owners in Anna Maria depend on income from renting their homes. He said some owners rent out property to offset their property expenses. ”

There is a gray line between taking away property rights and keeping the character of the island,” he said.

Nick Williams, Herald reporter, can be reached at 941-748-0411 ext. 7049. Twitter:@_1NickWilliams

http://www.bradenton.com/2013/01/31/4372995/anna-maria-avoids-litigation-with.html

Swift action promised against HB short-term rentals

By Mark Young, Islander Reporter

Holmes Beach Commission Chair Jean Peelen promised swift action would be taken against Anna Maria Vacations, a company using annamaria.com to advertise rental units for less than seven days in the R-2 and R-1 districts.

Commissioners said they have been receiving complaints from residents and followed up with research into the agency’s advertised properties.

According to the city’s land development code, rental units in the R-2 and R-1 districts cannot be rented for less than seven days, but an advertisement on annamaria.com states, “Would you like to vacation on Anna Maria Island but can’t stay seven days? We have some special shorter stays just for you.”

According to the Division of Corporations, Florida Department of State, Anna Maria Vacations is a fictitious business name operated by Florida Gulf Coast Vacation Homes LLC and owned by Joseph Varner.

Peelen said Varner has been cautioned in the past about his rental practices in Holmes Beach. The ads to rent homes for less than seven days appeared in the past, according to Peelen, who said Varner agreed then to remove them.

But the ads began to reappear on annamaria.com, she claims.

However, The Islander reported in the past that website advertising is not regulated by the city, and advertising is not illegal.

Peelen said there also are occupancy issues, noting that one rental with four bedrooms was advertised to sleep 16 people. A report compiled by code enforcement lists eight properties being advertised to sleep more people than what the floor plan filed with the building department allows.

The report also notes that six of Varner’s properties do not have business tax receipts — the city’s licensing method — on file.

Code enforcement concludes there may be “multiple code violations pursuant to this consumer complaint.”

The city claims at least one of Varner’s properties, listed on the Manatee County Property Appraiser’s Office as a homesteaded residence, is being rented.

A report from the building department also states Varner owns 118 properties in Holmes Beach.

However, Varner disputes that total, saying, “I wish I did.”

“We’ve done the research and it’s all true,” said Peelen. “Code enforcement is on it and action will be taken in the short future. They were told about this last year and they continue to do it. Enforcement will be happening very soon.”

But Varner says “there are so many errors and false accusations, I am not really even sure where to start as it would take a full article to rebut. I have been told by many that Jean Peelwn was going to be ‘coming after me’ and I guess that looks to be true.”

Varner said he’s trying to decide if it’s best to engage an attorney.

“For the two and a half years I have been involved in business on the island, I have seen so much division and hate created by a few people, it is a real shame — and it only looks like it will be getting worse with the departure later this month of a good and reasonable man, David Forbes, in code enforcement,” he said.

Forbes said Varner claims his properties frequently have gaps between rentals that account for the seven days, regardless of whether some guests stay a shorter period or the full seven days.

It’s unclear as to the code, whether the seven days are to be within a calendar week, as many rentals are Saturday to Saturday, and Forbes was unsure who will eventually be cited in the event of a violation; the vacationer, the rental management company or the owner.

– See more at: http://www.islander.org/2013/05/swift-action-promised-against-hb-short-term-rentals/#sthash.HOBeYGFl.dpuf