Nine more HB-Bert Harris claims add up to $4.69M

Nine more Bert Harris claimants — all represented by attorney Aaron Thomas of Najmy Thompson Attorneys at Law of Bradenton — will soon receive a letter of no-change from the city.

The letters, authorized by city commissioners at their Sept. 26 meeting, offer no relief from the Holmes Beach vacation rental ordinance that limits occupancy to two people per bedroom.

The claims, if upheld, put Holmes Beach on the hook for $4.69 million in damages. City insurance through the Florida League of Cities maxes out per year at $1 million.

Commission Chair Judy Titsworth questioned the credibility of the claims.

“The value on heads in beds are all over the place,” she said.

The value of occupancy in the claims differ — even in two duplex units with the same owner.

Eight of the letters involve occupancy claims while one also involves code compliance. Occupancy represent most if not all Bert Harris claims against Holmes Beach, said city clerk Stacey Johnston.

One property will receive two letters. An occupancy letter and code compliance letter will be sent to Thomas for the claim at 105 39th St., where a limited liability company bought two duplexes with four units total and now wants to develop it into seven units with 40 bedrooms under 11,319 square feet of covered space.

If denied, Thomas pegs the annual loss to his clients at $2.06 million.

An occupancy letter will be sent to the unnamed owners of a four-bedroom short-term rental home at 105 34th St., who are requesting they be allowed to rent to 12 people at a time instead of the two per room, or eight total, dictated by city ordinance.

Thomas valued the annual loss of revenue to his clients at $175,000.

The property was last sold May 14, 2015, by Jodi L. Rawlings to 105 34th St. LLC for $415,100. A single-story structure on the site, which had been listed for sale for $725,000, was demolished to make way for construction of a 4,075-square-foot home.

One occupancy letter will be sent to owner Shawn Kaleta for 204 72nd St. He wants to accommodate 18 guests instead of the city-allowed 16 in the eight-bedroom structure.

Kaleta bought the property June 18, 2010, for $385,000. He estimates the Holmes Beach short-term rental ordinance will cost him $400,000 annually if his request is denied.

Other Thomas clients receiving letters of no-change: AMI Breeze LLC, 209 54th St., requesting 20 or more guests in an eight-bedroom home, estimated annual loss if denied, $690,000; 302 55th LLC, 302 55th St., requesting 20 or more guests in an eight-bedroom home, estimated annual loss, $655,000; owners Michael and Ann Hetzner, 310 58th St., requesting eight or more guests in three-bedroom home, estimated annual loss, $110,000; owner Kaleta, 304 65th St., requesting 12 or more guests in five-bedroom home, estimated annual loss, $275,000; and owner Robin Robisky, 307 66th St., wants 15 guests in six bedrooms, estimated loss $345,000.

The Bert Harris Jr. Private Property Rights Protection Act of 1995 allows property owners to seek relief if they can prove a government action lowered the value of their property.

Fifty-two claims — not including a case that was dismissed — allege $28.499 million in property value losses from the Holmes Beach VRO. The city has declined to negotiate with any claimants.

The city has 150 days to respond to any Bert Harris claim. City responses start the clock on a one-year statute of limitation on claims, according to city attorney Patricia Petruff.

The Holmes Beach City Commission will next meet at 6 p.m. Tuesday, Oct. 10, at city hall, 5801 Marina Drive.