It might be hard for some Anna Maria residents to believe, but the prospect of a new home at 428 Magnolia Ave. that might have eight or more bedrooms has prompted commissioners to enact a moratorium on issuance of building permits for certain single-family homes.
At a hastily-called meeting of the Anna Maria City Commission Sept. 22, commissioners unanimously passed a moratorium on issuance of “permits for construction of a single-family home that has four or more rooms that could be used as bedrooms or sleeping areas.”
Commission Chair Chuck Webb then continued further discussion of the moratorium to the commission’s Sept. 25 meeting to give the public more opportunity to speak.
At the Sept. 25 meeting, Webb said the moratorium gives the city time to study how it can control the number of bedrooms in a single-family home.
Webb said he didn’t want “more mini-hotels popping up in the city,” and his fellow commissioners agreed.
Projects that already have a building permit are not affected by the ordinance, Webb said, but “pending applications for a building permit also are subject to the moratorium.”
Building official Bob Welch said he would have to review each pending application on a case-by-case basis.
City attorney Jim Dye said building moratoriums “typically are a timeout for the city” to study a particular construction problem. Moratoriums usually have an end date, he added.
Commissioner Dale Woodland said the moratorium should apply to “all construction of a single-family home” in the city.
Webb agreed, adding that many times “someone comes in with a plan and says this house is for our family. The house goes up, gets approved and suddenly becomes a vacation rental.” He said the rentals amount to “hotels masquerading as single-family homes.”
Those are among the issues commissioners must discuss while the moratorium is in place, Webb said.
Dye said he would examine the legality of the city setting limits on the number of bedrooms in a single-family dwelling.
“But let me be clear,” he said. “Land use in Florida is a hot potato,” and any decision the commission reaches must be put into an ordinance.
Commissioner Nancy Yetter asked if the city could be sued for setting restrictions on the number of sleeping units in a home.
“You can’t keep people out of court,” Dye said. “You can sue anyone for just about anything. We’re just trying to create a safe harbor for the city.”
Commissioner Doug Copeland said he would vote for the moratorium if Dye and city staff work “as quickly as possible” to draft the ordinance.
Commissioners agreed to hold a special meeting at 6 p.m. Wednesday, Oct. 1, to discuss an end date to the moratorium and determine if the city has authority to limit the number of sleeping units in a single-family home, among other considerations.
The city is zoned mostly for single-family with a small commercial district and the residential-office-retail area on Pine Avenue.
Not everyone in attendance agreed with the moratorium.
“This is a knee-jerk reaction to someone trying to build an eight-bedroom home,” said Greg Ross, an Anna Maria contractor and Holmes Beach resident. “Be realistic. You can’t limit the number of bedrooms.”
Spring Avenue resident Jill Morris said she supported the moratorium to give the city time to “look at the issue of what is a family and how many bedrooms are appropriate.” She also said the city needs to define how many people can occupy one bedroom.
Good point, Woodland said. He claimed a house near his home has three bedrooms, but 18 people live in the house.
Resident Kevin Hutchinson, also a builder, said the commission should not “try to play God and decide how many people can live in one bedroom.”
Woodland, however, said “residency” needs to be defined. The city limits occupancy of a single-family home to one family, but a vacation rental can have two or more families renting at the same time, he said.
The discussion may have to include a definition for “family,” which creates a whole new issue.
Webb said there are a lot of issues related to the moratorium that “have to be flushed out” during special meetings related to the moratorium.
“At least we are at a starting point,” Yetter said.
Anna Maria residents may have been born at night, but not last night. The owner’s contention that each floor of a proposed structure has 3 bedrooms and a den is almost humorous if it wasn’t so offensive and transparent.
The maximum possible use of the rooms labeled “den” are as bedrooms; if each has a closet and a window and a door onto a common hall. As soon as the ink is dry on an occupancy permit they will be advertised as bedrooms. Thus 8 bedrooms, which makes this Itinerant Public Housing unit, not a single family residence, which is not permitted in R1.
Call them what you will; office, den sewing room if they can be used as bedrooms then they are bedrooms.
A walk-in closet can sleep four.
I have been coming to the island since the mid 90’s and have seen a sorrowful drastic change to the island’s character. We rent their annually but only come for the winter, and return each fall to see another old Florida home torn down & a monster house in its place. Considered buying a home there, but no longer wish to live in what it has become.
The community has the right to regulate what type of housing can be built there. It also has the right to regulate any zoning ordinance that it deems worthy to pass. It is common knowledge how some (not all) Architects design massive structures with several kitchens and many bedrooms under the guise of “single family home.” HA! What a joke. ANY decent plans examiner or building official knows what is happening. If Ana Maria feels a need to have a moritorium, that is well within their right to do so. I would back them 100%. It’s THEIR city and they can regulate it how they want to.
Claiming that local government cannot regulate bedroom numbers is just wrong. Local governments can, should and do provide regulations that foster orderly community development and enhance the values of residential, commercial and other zones. Doing so preserves property values, encourages local pride of ownership and property preservation. Orderly development requires separation of commercial and residential uses in cities and local governments are obligated to provide for orderly development.
Wayne, this is Florida! It is not a “claim” at all that cities cannot pass laws regulating short term rentals. It’s the law. Google Florida rental law and see for yourself. However, you are correct in that we should have the right. But thanks to Tallahassee, that is not the case.
Contractor Gregg Ross is right, this is a knee-jerk reaction. How long ago did Holmes Beach wake up to find developers, with no sense of history nor concern for what the island is all about, were descimating the serenity and charm with their mini-hotels? How long ago did the legislature give ample warning that the ability of local communities to control residential rentals was coming to an end (hint: over six years ago)? Yet under the ever-watchful eye of wedding industry honchos, Anna Marians, residents and elected officials alike, sat on their hands. The island is now the wedding capitol of the world, and the resident exodus continues. Moratorium? Sorry folks, it’s too late.
Sent from my iPad
Greg ross is a gentleman and a developer who’d build 50 bedroom ‘homes’ if possible. The defintion of single family home is well established via our legal system. Land use rules would not permit me to rent my home for toxic dumping or a fish cannery. The builder of an 8 bedroom home simply has to justify a 16 – dependent (see tax code definition) situation. Otherwise, they are building a multi family home which is illegal