The Anna Maria City Commission approved 11 settlement offers for Bert Harris claims, including one offer that hinges on whether a property can be developed.
City attorney Becky Vose recommended commissioners approve the offers to the property owners during their Oct. 27 meeting at city hall.
However, she recommended the commission include a caveat for an offer for 101 Willow Ave., owned by Shawn and Jennifer Kaleta and KPI 48th Street Development LLC.
Shawn Kaleta says he is “preserving his right to build” on the northern-most lot at 101 Willow Ave. Two of the three lots contain Kaleta’s family home and a guest house, while the north lot has an existing garage.
But Vose said the city records indicate that this offer is for property that has been determined “not legally buildable.”
She suggested the 101 Willow offer specify that the city does not authorize construction in violation of the city’s ordinances and codes.
Commissioners voted 3-2 to accept and send the settlement offers to the claimants. Commissioners Nancy Yetter and Chuck Webb, who have voted against previous settlement offers, again voted against the motion.
Vose has presented settlement recommendations to the commission that mostly allow short-term vacation rental owners to have two occupants per bedroom plus two additional occupants, beyond the eight-person maximum set in the vacation rental ordinance.
These most recent offers are for occupancy rate changes and do not include purchase offers.
Four of the offers Vose presented Oct. 27 include allowances to allow living rooms to serve as potential sleeping spaces.
Two of the recommendations include offers of up to 18 guests for homes with eight bedrooms — 881 N. Shore Drive and 201 S. Bay Blvd.
The Bert Harris Jr. Private Property Protection Act of 1995 allows property owners to seek monetary relief if they can prove a government action lowered the value of their property.
Since April 1, when Anna Maria’s vacation rental ordinance went into effect, short-term rental homes have been limited to an eight-person occupancy. Soon after adoption, homeowners began filing Bert Harris claims against the city, alleging financial losses as a result of the limited occupancy.
The city has 150 days to respond to any claim filed with a “reasonable offer,” or risk the claim going to court.