Once, twice, three times a moratorium.
Holmes Beach commissioners approved a moratorium April 22 at a special meeting that prohibits more than one pool per duplex.
The moratorium is the third called for by commissioners in recent months. Commissioners approved a moratorium to prohibit permits for homes with four or more bedrooms in January and one prohibiting pools closer than 10 feet from the setback in February.
The second moratorium has an exception for waterfront property lines.
The issue was added to the special meeting agenda at the request of superintendent of public works Jim McGuinness.
“This is quickly becoming a battleground for different factions in Holmes Beach,” said McGuinness.
He asked for direction from the commission on interpreting city code to read one-pool-per-duplex lot along with a request for the moratorium.
Commissioner Jean Peelen questioned whether a moratorium was necessary, adding the commission had already discussed the issue.
“The rush you fear is here,” said McGuinness.
According to McGuinness, the building department received applications for six pools on three lots after business hours April 21. He said permit applications for 16 pools on nine lots were pending.
“Every time you march into moratorium land there are risks,” said city attorney Patricia Petruff.
Petruff said she thought commissioners gave clear direction at an April 14 work session to McGuinness regarding the code interpretation. If commissioners were to call for a moratorium, they could make the effective date April 14.
Commissioner Jean Peelen said she was concerned about the lack of notice for the moratorium.
Petruff added to the concerns of legal challenges with a moratorium, saying Bert Harris Jr. claims are less likely if permits are denied by McGuinness at the direction of the commission. She said claims could not be made unless all administrative routes were exhausted — without the moratorium, applicants could appeal to commissioners when permits are denied.
“I’m asking to take the drama away from my counter,” said McGuinness. “Do we really want six appeals right now? They’re coming in either appeals or Bert Harris claims.”
Commissioners agreed a moratorium was appropriate and voted 5-0 for an April 14 effective date and an end date of July 31.
Petruff said planner Bill Brisson is drafting pool regulations, and McGuinness suggested the one-pool-per-lot restriction be incorporated in “one big pool ordinance.”
It also was suggested the regulations allow for special exemptions with precise criteria.
According to McGuinness, of the 16 pool permits pending, 11 pools on six lots would be denied. Permits for five pools on three lots — received before April 14 — would be approved.
“Every builder will come to his door. This takes him out of the politics and puts it on us,” said Commission Chair Judy Titsworth.