The city of Holmes Beach took another swing on a handful of alleged code violations.
But it’s unclear if the ball went foul.
Special magistrate Michael Connolly of the Sarasota-based Fournier, Connolly, Shamsey, Mladinich & Polz law firm said Oct. 24 that he needed time to consider arguments in the remanded cases of several alleged code violations against the owners of five vacation rental units at the Coconuts Beach Resort, 100 73rd St.
The alleged violations include renting without a city-issued vacation rental certificate and renting for improper lengths of stay for 100 73rd LLC; 100 73rd 202 LLC; Unit 118/202C; 100 73rd 203A LLC; and Unit 111/202A.
Developer Shawn Kaleta is the listed title manager for 100 73rd LLC, 100 73rd 202 LLC and 100 73rd 203A LLC, according to sunbiz.org.
Holmes Beach residents Christopher and Kimberly Roehl own KCI Island Investments LLC and operate Unit 111/202A.
The properties are located within the city’s A-1 residential district, which is intended for multifamily residential and seasonal tourism and there is no minimum rental.
However, the city argued that the properties are subject to the use requirements of the R-4 residential district, which requires seven-night minimum rental stays, since their primary uses are multi-family dwellings.
Connolly ruled in November 2021 in favor of the city, finding that the property owners had committed code violations, establishing daily fines until they achieved compliance.
However, the owners appealed the cases in December 2021, arguing that Connolly rejected relevant evidence and that city code did not require seven-night stays in the A-1 residential district.
In May, 12th Judicial Circuit Judge Edward Nicholas issued mandates reversing and remanding Connolly’s orders back to the magistrate.
Nicholas wrote that the city’s R-4 zoning district’s rules only apply in the city’s A-1 zoning district if the principal use of a property is for multi-family dwellings, not resort housing.
Nicholas ordered that, upon remand, Connolly must determine the properties’ principal uses to determine whether rental duration restrictions apply to the properties.
At the Oct. 24 magistrate hearing, attorney Louis Najmy, principal of the Bradenton-based Najmy Thompson law firm, spoke for the property owners.
Najmy argued that city code requires vacation rental units to be deemed as resort housing for purposes of zoning and use, so the properties would not fall within the city’s R-4 zoning rules under Nicholas’ ruling.
He added that litigation had already cost his clients around $50,000.
During his testimony, the city’s planning and zoning administrator Chad Minor said he determined the primary use of each of the properties to be for multi-family dwellings.
Najmy asked if the separation of parcel and unit when considering use would change his interpretation, but Minor said it would not.
City attorney Erica Augello argued that resort housing is an allowable use in the A-1 district but as a supplementary use, not a primary one. So the primary use of the parcel and the lots on it would be as multi-family dwellings.
Connolly said he would need time to do research and take both Augello’s and Najmy’s arguments under advisement.
In other matters…
The magistrate also found:
- A code violation for overgrowth of weeds and grass,, setting $127.24 in admin fees against Knights Build 1 LLC and Knights Build 2 LLC, the owners of property at 6210 Marina Way and 203 Haverkos Court. He provided seven days for the properties to come into compliance;
- Vacated without prejudice a previous order against Water’s Place Properties LLC, owner of 211 67th St. Unit A, for improper length of stay for less than seven nights.
The next special magistrate hearing will be at 10 a.m. Tuesday, Nov. 28, at city hall, 5801 Marina Drive, and is open to the public.
