Small changes can make a big impact.
The Anna Maria City Commission held its final reading of an amended short-term vacation rental ordinance Sept. 2.
The vote to adopt was unanimous.
The commissioners also added a timeline to the grandfather clause that allows larger vacation homes to be excused from the eight-occupant limit.
They created a five-year limit for grandfathered homes and the possibility of revisiting the time limit at future meetings. If they find five years is too short, they agreed to extend the expiration limit.
“We don’t want large rental groups in these homes forever,” said Commissioner Doug Copeland. “But that’s no reason why someone should lose out on their home’s investment.”
How the changes will impact the ongoing VRO legal battles remains to be seen.
“I’m really confident this ordinance will stand up in court,” said Commissioner Dale Woodland. “We have a valid, strong case.”
Commissioners agreed they had created clearer definitions for violations of a vacation rental and terms for how many violations a property, rental agent or rental agency can accumulate before losing the opportunity to rent for two years in the city.
The amendments address complaints in a lawsuit filed by a group of short-term vacation rental owners and rental agencies, as well as a second lawsuit from Pine Avenue Restoration LLC, 306 Pine Ave.
Voices raised in opposition, support
When the meeting began, before city attorney Becky Vose read through the proposed changes, Chair Chuck Webb spoke to the packed gallery, reminding all they would have a chance to speak.
As Vose read line-by-line through the changes, it appeared tempers would flair. Whispered voices and muttered comments traveled through the room.
The commission chambers were divided down the center. On the left were rental owners, upset their properties could lose value. On the right were Anna Maria residents, ready to defend their commission.
“These rules and regulations instill fear,” said rental owner Shirley Perez from Odessa. “Fear that our tenants will put out trash one hour early and we will be fined.”
“This is becoming a police state!” said rental owner John Castellano from Brandon. “It tells me about the state of the city. We’re good people and we need to be heard!”
“We don’t want to rent weekly, but we have to pay our bills,” said rental owner Michael Trauner from Plant City. “I have to pay $17,500 in annual taxes for my home here. You’re going to lose us and lose your future residents.”
Trauner asked commissioners to think about their own homes and what will happen when they’re passed on to their children. “Will they be able to afford the homes you worked so hard for when the time comes?” he asked.
On the other side, residents spoke in defense of the commission.
“We have to do what’s best for the overall good,” said Jill Morris of Anna Maria. “Everyone wants this to be a quiet Florida destination, not a place like Daytona Beach.”
“I’ve watched too many friends move away because they can’t afford to be here anymore,” said resident Bill Eisman. “Every year a family leaves and a vacation rental takes their place.”
“We’ve always had rentals, but the recent growth and change over the last few years is too much,” said resident Janet Aubry. “I want to thank the commission and mayor for taking on the issue.”
A long journey
In July, 12th Circuit Judge John Lakin granted the complainants a temporary injunction against the city, stopping the VRO until Jan. 1, 2016. Lakin also wanted the parties to return for a second hearing — now set for Sept. 9 — on the merits of the complaint.
In mid-July, Vose began rewriting the ordinance.
Also in July, Lakin stepped down from the case. Twelfth Circuit Judge Gilbert Smith Jr. now is assigned to hear the cases.
A second lawsuit filed against the city July 28 came from attorney Andrea Mogensen on behalf of PAR.
Mogensen said the VRO “is impermissibly vague and is therefore void.”
She’s seeking an injunction and a declarative judgment for the VRO to be declared invalid.
Meanwhile, the Anna Maria Planning and Zoning Board reviewed a draft of the amended ordinance.
On Sept. 30, Vose sent another motion to the 12th Circuit Court to dismiss the Sept. 9 hearing on the group lawsuit based on the changes to the ordinance.
However, the hearing set for 8:30 a.m. Wednesday, Sept. 9, at the Manatee County Judicial Center in Bradenton was not canceled or rescheduled by The Islander press time on Sept. 7.
Efforts to reach Hennessy and Cowan by phone were unsuccessful.
The commission’s next meeting is scheduled for 6 p.m. Thursday, Sept. 10, at Anna Maria City Hall, 10005 Gulf Drive.
Anna Maria’s VRO amendments adopted Sept. 2:
• Redefinition of vacation rental to be transient lodging without on-site management.
• No regulation of day guests.
• Change to vacation rental licensing requirements and restrictions.
• Not requiring rental licenses from Florida or Manatee County.
• Allowing vacation rental owners to opt out from having a rental agent.
• Elimination of fences and changing requirements for smoke and CO alarms.
• More specific grandfather occupancy limits.
• Change in parking requirements, allowing guests to park wherever there’s room in garage, carport or driveway.
• Removal of camouflaging screens for trash cans.
• Removal of restrictions for hot tub, spas and swimming pools.
• Removal of a requirement for a third party to check that renters or guests are not registered sex offenders, but requires a check through free government databases.
• Only names for adult occupants must be posted at the vacation rentals.
• Inspections can only be done for Florida building, fire and safety code purposes. All other inspections must have a warrant, too.
• Requirements for education material to posted inside the vacation rental. Information includes: sea turtle regulations, noise restrictions and health and safety information.
• Changes about different violation classifications for owners, agents and agencies.