Property owners negatively impacted by Anna Maria’s temporary building moratorium soon may be able to seek relief.
The moratorium applies to new single-family homes that have yet to enter the building permitting process and renovations that increase lot coverage or square footage.
City commissioners voted 4-1 March 12 to add a provision to the moratorium ordinance allowing property owners to apply for hardship waivers to the temporary, 60-day moratorium on building permits.
The initial moratorium was enacted March 4 to provide the building department unburdened time to address outdated city building codes and add impact fees, as well as problems not addressed in codes.
Issues outlined in several “whereas” statements from the ordinance include overcrowding in public areas due to increasing numbers of people in large residences, rising sea levels, as well as infrastructure damages caused by development.
The moratorium does not include work in progress, commercial properties or work already permitted for construction.
However, city attorney Becky Vose said the city received requests for hardship exemptions after the moratorium was enacted.
The new ordinance is identical to the last, but to address public feedback, it contains a provision outlining a process for seeking a hardship waiver. This involves property owners submitting a building permit application and building plans, as well as providing a basis for a hardship.
The deadline for applications is 4 p.m. Tuesday, March 31.
Mayor Dan Murphy will review and consider applications. If he denies an application, the applicant can appeal to the city commission.
Commissioner Jonathan Crane voted no, stating that he’d rather send appeals of denied hardship waiver applications to a special magistrate for consideration rather than the city commission due to potential biases held by community members.
Vose recommended otherwise, because special magistrates do not exercise discretionary authority.
Darrin Wash of Holmes Beach-based Wash Family Construction told commissioners the hardship deadline may help some people, but others won’t be able to ready the documents before the deadline because planning for construction can be an extensive process that takes months.
Jim Moss of Holmes Beach-based Moss Builders told commissioners he knows of several property owners who might suffer financially because of the moratorium and won’t be able to meet the application deadline.
The commission also is considering a six-month moratorium if the 60-day break doesn’t result in the desired code changes and impact fees.
A first reading for the extension was March 4. Next is a review by the planning and zoning board at 2 p.m. Friday, March 20, at city hall, 10005 Gulf Drive N.
Murphy said he’d continue to discuss potential changes with building official Luke Curtis and would like to schedule a meeting with contractors.
“I truly believe that we will know within 50-60 days as to whether we can deliver this or not and, if we can’t deliver it, my recommendation back to you would be to stop this moratorium and figure out a different way,” Murphy said. He said he also may recommend enacting the six-month moratorium if enough progress is made by then.
“I don’t want to work on this thing and give birth to a mouse,” Murphy added. “I want it to be something significant.”
For now, the second reading for the six-month extension is tentatively scheduled for April 9, but Murphy said he’d return to the commission March 26 with an update.
“Let’s see what progress we can make between now and March 26,” Murphy said.
