Yes, there is agreement.
While Anna Maria commissioners continue to consider what should be in an ordinance regulating vacation rentals, the content is undecided. But commissioners agree the ordinance must include a licensing program for vacation rentals.
Of primary importance to the commission is whether the city’s residential zoning ordinance adopted in 1996 prohibits vacation rentals in the city.
That too remains open for debate among commissioners and attorneys, but a license program has unanimous consensus.
Shawn Kaleta, owner of Beach-to-Bay Construction of Holmes Beach and a resident of Anna Maria, said he has no problem with licensing procedures. He noted that Holmes Beach already has such a program.
Kaleta is building five homes on Magnolia Avenue in Anna Maria, but he’s not retaining any of them for his company.
The homes are being purchased as residences, and if the owners want to convert their homes to vacation rentals, it would be up to them to follow any city licensing procedures, if they are enacted.
Whatever is in the city’s vacation rental ordinance, however, is likely a long way off, Kaleta said.
“There are a number of issues to consider and I like how the commission is taking input from the vacation rental industry,” he said.
Anna Maria resident Maureen McCormick, Larry Chatt of Island Real Estate, other vacation rental property owners and managers, and a few lawyers donating their time were to present a draft vacation rental ordinance at the commission’s Dec. 18 meeting.
Anna Maria rejects city attorney’s advice on rentals
By Rick Catlin
Islander Reporter
Anna Maria lacks legal representation for the biggest crisis in recent memory, Mayor Dan Murphy said.
The legal crisis arose as commissioners voted 3-2 to remove Dye from providing advice on vacation rentals. The majority on the commission said Dye has a conflict of interest.
Dye, before the vote, said that’s not the case. He owns one of the small homes built in the late 1950s by baseball Hall-of-Famer Warren Spahn. Dye said the house is primarily rented long-term.
He noted commissioners agreed at a previous work session that homes constructed before the 1996 enactment of a residential zoning ordinance would be grandfathered for use as a vacation rental, and a future vacation rental ordinance would address rentals of four or more bedrooms. His two-bedroom property would be a permitted use under those guidelines.
Dye said he called the Florida Ethics Commission office of for the Florida Bar Association for an opinion before the commission meeting.
“They told me they saw no conflict of interest,” he said.
Webb said, “I think you do have a conflict.”
Dye responded, “My feeling is you don’t want my advice. If I have a conflict, I would recuse myself.” He added he had no problem with the city getting a second legal opinion and that he disagrees with some of attorney David Levin’s findings that the 1996 zoning ordinance prohibits vacation rentals.
A motion by Commissioner Doug Copeland to allow Dye to provide advice on the vacation rental ordinance was defeated 3-2. Commissioner Dale Woodland voted with Copeland, while Commissioners Nancy Yetter, Carol Carter and Webb voted no.
That leaves the city without a city attorney, Murphy said.
“Yet, this is the most critical issue of our time.”
Commissioners then voted unanimously to retain the services of Sue Trevarthen, a legal adviser to the Florida League of Cities, to research the 1996 zoning ordinance and provide an opinion on whether it can be used to prohibit or limit vacation rentals.
Levin has given the city an opinion that the 1996 zoning ordinance prohibits commercial activities in the residential zone and, Levin said, vacation rentals amount to a commercial activity.
Copeland said he wanted a second opinion.
When discussion turned to a draft vacation rental ordinance, Dye left the meeting.
The draft ordinance was briefly discussed at a previous meeting. It was presented by resident Maureen McCormick, who worked with vacation rental property managers and owners, all hoping for cooperation on the issue.
Commissioners agreed to study the draft ordinance and be prepared for discussion at the Jan. 8 meeting.
Webb said he was pleased to see cooperation among vacation rental agents and residents. About 90 percent of vacation rental agents in the city have adopted “best practices” rules for tenants, he noted.
“It’s the other 10 percent who don’t follow best practices that cause the trouble,” Webb said.
In other business, commissioners adopted the moratorium ordinance on issuance or acceptance of building permits for dwellings with four or more bedrooms with a one-year end date of Dec. 18, 2015.
A deed restriction was included that allows a property owner to receive a building permit if he or she restricts the home from rentals of less than 30 days for a five-year period unless unusual circumstances prevail.
Building official Bob Welch said property owners with building applications on hold who want to sign the covenant could do so now.
Copeland and Woodland said they hoped the vacation rental ordinance would be adopted before the moratorium expired.
“One thing’s for sure, this vacation ordinance isn’t going to be ready for quite some time,” Woodland said.
Murphy said he would contact Trevarthen for a cost estimate to review the 1996 ordinance and provide the city an opinion on whether it prohibits vacation rentals.
Murphy had no comment on the commission’s decision to remove Dye from providing legal advice on a vacation rental ordinance.
Dye told The Islander Dec. 19 he had no comment on the commission’s action due to client confidentiality rules.