During an Aug. 11 work session, Holmes Beach commissioners switched their talks from limiting bedrooms in duplexes to halting construction of future duplexes.
Commissioner Jean Peelen said the city of Anna Maria enacted a similar ordinance, prohibiting the building of new duplex units, and she suggested the idea.
Anna Maria first removed duplexes from its zoning in the 1970s.
Commissioners were working on fine-tuning the ordinance for a building moratorium with the goal to eliminate large “party” vacation houses in the city.
“I don’t have an issue with getting rid of duplexes,” Peelen said. “Their only purpose is as rentals.”
She argued that limiting new duplexes to a maximum of two bedrooms and two bathrooms per unit would encourage owners to make them into short-term rentals “because that’s where the money is” rather than encourage permanent residents.
“I’d rather not allow duplexes than hand over the R-2 zoning district to short-term rentals,” Peelen said.
Commissioner Carol Soustek disagreed. “I think there’s a market still for two-bedroom duplex units,” she said. She went on to say there’s no guarantee who will buy or rent the units, but she believes the units would provide annual rentals for people who can’t afford to buy a house.
“I’m not doubting the need,” Peelen said. “The economic argument is new builds won’t be used for annual rentals.” She added that commissioners cannot specify that new duplexes only be used as annual rentals.
“I think we’re wishful thinking in some respects,” Commissioner Marvin Grossman said, urging commissioners to be realistic during discussions about what activities can be managed in the city.
“I can see both sides of the story here,” Commissioner Pat Morton said. He said he spoke with two real estate agents who said there is a demand for two-bedroom units.
While Peelen remained opposed, the commission agreed to limit new duplex construction to two-bedroom, two-bath units.
Another item up for discussion is the definition of a bedroom. City planner Bill Brisson offered two possible definitions, either with or without a closet. Commissioners approved the definition without a closet, which states, “A room or space in which people sleep, which is a minimum of 70 square feet in floor area, and is physically separated from the main living area of the residence. Rooms used for sleeping purposes shall comply with the provisions of the Florida Building Code(s), including but not limited to emergency escape, smoke and carbon monoxide protection as determined by the building official.”
Grossman expressed concern that the 70-square-foot minimum is too small. “My closet is 70-square-feet,” he said.
Chair Judy Titsworth said she believes builders will find a way around any limits the commission sets on the number of bedrooms.
Building official James McGuiness said the key to enforcement is that the city gets the final say before issuing an occupancy permit.
Commissioners also discussed the definition of an overnight occupant. One idea is to require all overnight occupants to be named on the lease and to retain a copy of the lease on the premises. Another is to place time limits on parking or stayovers without being considered an overnight guest.
City attorney Patti Petruff suggested commissioners develop a list of assumptions. If a person meets one or more of the assumptions, he or she would be considered an overnight guest and the burden would fall to that person to prove otherwise.
Commissioners agreed to continue the discussion at their next work session.
They meet next at 7 p.m. Tuesday, Aug. 25, at city hall, 5801 Marina Drive, Holmes Beach.