Nancy Yetter almost always the lone “no” vote against Anna Maria’s Bert Harris settlements, and she’s fine with it. It’s about the message.
To date, 84 of 112 Bert Harris claims made against the city of Anna Maria have been settled or are waiting for a final signature, while 28 are in negotiation.
So far, virtually all of the claimants have been granted a higher occupancy rate.
And almost every time the city attorney has presented the settlement offers to the commission, Yetter has voted “no.” Only once, in January, did she approve a settlement.
She wasn’t always the only one — former Commissioner Chuck Webb joined her until he left office, and Commissioner Carol Carter has joined her on three votes. But their votes failed to halt approval of the settlements.
Rejecting Bert Harris settlements, Yetter says, was a campaign promise. She was re-elected in November 2016, garnering the most votes of the three candidates competing for two seats on the commission.
“To me, it feels like we gave up without a fight,” Yetter said. “And that’s not my personality. I’m kind of like the junkyard dog. Until you show me exactly why something can’t be done, I’ll keep fighting until somebody proves me wrong.”
In addition, Yetter said, a home rental generally includes a total cost for the rental for a specified period with a maximum occupancy, rather than a per-head payment.
“And here it’s the total opposite, the more people the more money. I think it’s wrong,” she said.
Yetter said the commission should have more aggressively pursued seeking a declaratory judgment, as Webb suggested.
“According to our comprehensive plan and land-use regulations, commercial businesses in residential zones are illegal,” she said. “(Webb) thought we should go to court to get a judgment.… The commission voted 4-1 against it.” At that time, Yetter was in the majority vote, but she’s since changed her mind.
“I think we’ve done a disservice to the residents and to the city,” she said. “To me, you don’t give up before you really know if you have a chance to win the battle.”
Plus, Yetter said, some of the claims have been dubious. “When people can file a Bert Harris claim on a vacant piece of property … I’m suspicious.”
Understanding Bert Harris in Anna Maria
In April 2016, the city of Anna Maria’s new vacation rental ordinance went into effect. The ordinance limits short-term vacation rental owners to eight occupants and requires owners to pay an annual vacation license fee.
Soon after adoption, the Bert Harris claims began flooding the city.
To date, 112 claims have been filed.
The Bert Harris Jr. Private Property Protection Act of 1995 provides property owners relief if they can prove a government action lowered the value of a property.
Claimants must provide appraisals to establish value and the settlement amount and, in lieu of a cash payments, can either fully or partly restore the rights that existed before the prohibitions.
Property owners in Anna Maria filed claims on the basis that the occupancy restriction limited their income.
The city responded on an individual basis with offers to partially restore property owners’ rights.
Becky Vose, city attorney, has been drafting settlement agreements that offer those who filed Bert Harris claims occupancies of eight to 16 people.
The city also made and rescinded one purchase offer, while another purchase offer is in negotiations.
Seems she is the only one who has a brain! The rental rate SHOULD be based on the rental, NOT the amount of people you can squeeze in them. It breaks my heart to see what is becoming of this once-great island…
Most rentals are priced by size. IE: One bedroom costs less than three bedrooms. Hotels charge for more than one person in a room. It’s common practice. But it’s the cities who are demanding occupancy limits with no ability to enforce it. What will they do, knock on the door at night and go in with flashlights to count heads in beds?
“The Bert Harris Jr. Private Property Protection Act of 1995 provides property owners relief if they can prove a government action lowered the value of a property.”
If the above statement is true, all the properties NEXT or NEAR to these mini-hotels in communities zoned single-family should be filing claims. Our property values are being lowered by having these businesses located next or near to us!