Bert Harris claims in holding pattern in Holmes Beach

Most of the Bert Harris claims filed in Holmes Beach are circling city hall in a holding pattern until after the holidays.

Holmes Beach Mayor Bob Johnson said Dec. 13 the city is weighing its options and may hold a shade meeting to discuss settlement options before responding to the claims.

The city has 150 days from the submission date to respond to each Bert J. Harris Jr. Private Property Rights Protection Act claim. The earliest claim was filed in March, while most reach deadline Jan. 21, 2017.

Johnson said he, along with the city attorney and commission, would decide how to move forward with the claims in the new year.

As of Dec. 15, 18 Bert Harris claims had been filed against the city.

One claim, filed by Kathleen Morgan and Leah Marie Enterprises LLC, owners of 626 Key Royale Drive, awaits a judgment from the circuit court.

Another case, alleging $84,000 in losses for 306 Clark Drive, was first filed in March. City attorney Patty Petruff said the city sent a “ripeness” letter prior to the 150-day deadline in July stating the city had “no change of position and no settlement offer.”

She said 306 Clark filed its lawsuit in November and the Florida League of Cities as the city’s insurer is handling the case for the city.

The total value of Bert Harris claims remaining against the city is $4,618,600.

The Holmes Beach claims stem from an ordinance passed in September 2015 limiting occupancy in vacation rentals to two people per bedroom or six per unit, whichever is higher.

Some claims allege other issues, including a reduction of the living-area ratio, a ban on front-yard pools and limitations on the size of pools and hot tubs for duplex units. Four cases also listed the limit on the number of bedrooms, reduced to four per single-family home in new or largely renovated construction, as a reason for the claim.

Commissioners will next meet at 6 p.m. Tuesday, Jan. 10, at city hall, 5801 Marina Drive.

 

Owner                  Address           Claim Amount

306 Clark LLC      306 Clark Drive         $ 84,600

Carter                    128 49th St.              $351,000

McCaffrey            7003 Holmes Blvd.   $106,000

McCaffrey            7003 Holmes Blvd.   $235,000

Lizzie Lu              214 54 St. Unit A&B $730,000

Rodisky                307 66th St. Unit A   $345,000

VM Seaside          113 36th St. Unit B   $275,000

Norton                  309 65th St. Unit B   $275,000

Swackhammer,     106 75th St.              $225,000

Bmeehan, Kmeehan Inv. VI

Manatee AMI        205 N Harbor Drive  $195,000

Cove AMI             206 N. Harbor Drive $345,000

Gutzwiller             316 63rd St. Unit 6B $105,000

Travill                   301 74th St.              $195,000

FL Gulf Coast       211 54th St.              $395,000

Vacation Homes

FL Gulf Coast       4804 Gulf Drive       $270,000

Vacation Homes

Hutchinson Trust         104 75th St.     $552,000