HB magistrate continues treehouse, issues 2 owner-friendly rulings
Alleged code violations at a Holmes Beach property may not be resolved anytime soon.
Sarasota attorney Michael Connolly, serving as special magistrate for Holmes Beach, granted a continuation request May 19 to the owners of property at 103 29th St. — Lynn Tran Hazen and Richard Hazen — for a hearing to discuss repeat violations for unlicensed vacation rental activities.
The Hazens reside at the property, where they also operate four vacation rental units as Angelino’s Sea Lodge. It is also the site of a treehouse on the beachfront that sparked litigation with the city.
Connolly said he received a continuance request from the property owner’s attorney, Bruce Minnick, that morning. He said he would grant the request because Minnick couldn’t attend the meeting to represent the owners.
The treehouse litigation has cost the city $184,955 and the property owners $170,000, according to the parties.
In the meantime, the owners also have accumulated over $105,000 in fines that Connolly previously ruled must be paid to obtain a certificate to operate the rentals.
Connolly ruled in April to fine the pair an additional $125 per day from March 18 until they obtain a valid vacation rental license through the city for the four units on the property.
The case will be heard by the special magistrate next at 10 a.m. Wednesday, June 11, at city hall, 5801 Marina Drive, Holmes Beach.
Other cases, rulings
Connolly issued two other rulings in favor of property owners.
One case was centered around alleged repeat violations of short-term vacation rental stays under the 30-day minimum required at 102 48th St., owned by Shawn and Jennifer Kaleta.
City code requires 30-day minimum stays at vacation rental properties within the city’s R-1 zoning district — the single-family residential district — to limit renters’ impact on residential neighborhoods.
The city first cited the property owners in November 2020 for renting for an improper length of stay. Connolly ruled in favor of the city and imposed $31,627.24 in fines against the owners for the violation.
JT Thomas, the city’s code compliance supervisor, said staff observed people at the property in early May and had monitored the property since, observing several different people and vehicles staying there over the past month.
Thomas added that the property was advertised as a vacation rental online and stretches of its availability calendar were grayed out, suggesting they’d
been booked by renters for periods of less than 30 days.
He recommended Connolly issue a $127.24 administrative fine, a $500 daily fine from May 2 until the property owners come into compliance and rule to cease rental activities at the property.
Bradenton attorney Peter Mackey, representing the owners, said the city had insufficient evidence to impose fines against his clients. He said the owners have a large family and allow relatives to stay rent-free at the property.
He added that the availability calendar did not display which days were booked by renters and which were taken by relatives.
Connolly ruled that there wasn’t sufficient evidence to constitute a repeat violation.
Connolly also ruled to give property owners at 6913 Holmes Blvd. until June 10 to submit a building permit to replace an exterior staircase and deck boards before he considers imposing fines.
Marilyn and Patrick O’Hara said they hired a handyman to repair their stairs who falsely told them a permit had been submitted to the city.
However, they said they could apply for a permit the next day to get back on track.
Connolly said the owners should be given time to resolve the matter before he imposed fines, adding that he could revisit the issue at the June 11 meeting if they did not come into compliance.