Holmes Beach property owners seeking to protect their investments have begun filing Bert Harris claims.
Property owners have filed 18 Bert Harris claims as of Nov. 10, totaling $4,618,600 in requests for compensation due to alleged lost property value. The claims are the result of city leaders enacting several ordinances governing short-term rentals that claimants say have unfairly restricted use of their property.
As of Islander press time, the commission had not addressed how the city will proceed on the claims. City clerk Stacey Johnston said the 18 claims already received are expected to be only the beginning as more claims are anticipated in the coming weeks.
The Bert J. Harris Jr. Private Property Rights Protection Act of 1995 allows property owners the right to seek relief or compensation from a state or political entity which enacts a law, rule, regulation or ordinance that unfairly devalues or otherwise limits the use of the property.
While all 18 of the Bert Harris claims stem from an ordinance adopted in September 2015 limiting occupancy in vacation rentals to two people per bedroom or six per unit, whichever is higher, some list other claims as well.
Five claims list the reduction of the living-area ratio from 40 percent to 34 percent, depending on lot size, as an unfair limit on property use.
Some claims center on the city ban on front-yard pools and the limitation for duplex units to a pool or hot tub of no more than 180 square feet.
Also, a limit on the number of bedrooms of a new or largely renovated structure to four per single-family home — if used as a vacation rental — was cited in four cases.
Attorney Scott Rudacille, representing Bob and Ellen McCaffrey in their two Bert Harris claims for their property at 7003 Holmes Blvd., addressed his clients’ concerns in a letter to city hall.
“The McCaffreys purchased their home in 1993 and have lived there since that time,” Rudacille wrote. “This property constitutes their life savings.… The McCaffreys hope that the city will approach this issue with the same spirit of cooperation that they will, and that we will be able to reach a resolution that protects their retirement investment while still accomplishing the purposes envisioned by the city.”
Other property owners, including the beneficiaries of the Patricia Hutchinson Trust, had envisioned redeveloping their property at 104 75th St. The trust also is represented by Rudacille.
In the claim for the 75th Street property, Rudacille said the Hutchinson heirs have “watched their neighborhood convert from smaller single-family homes to larger vacation rental duplexes. The Hutchinson family had envisioned that one day the property would redevelop in order to maximize its benefits, similar to the vacation rental uses surrounding it.”
City attorney Patricia Petruff said city staff and commissioners have some time to consider the claims and how to move forward.
Once a claim is submitted, the city has 150 days to respond. The city has until the end of February to begin addressing the claims.
One claim filed by Kathleen Morgan and Leah Marie Enterprises LLC, owners of 626 Key Royale Drive, has progressed to a lawsuit against the city.
Commissioners will next meet at 9 a.m. Monday, Nov. 21, for an organizational meeting and for the swearing in of Mayor Bob Johnson and Commissioner Judy Titsworth. Both were automatically returned to their seats without opposition in the Nov. 8 election.
Holmes Beach Bert Harris claims as of Nov. 11
Owner – Address – Claim
306 Clark LLC – 306 Clark Drive – $84,600
Keith Carter – 128 49th St. – $351,000
Bob and Ellen McCaffrey – 7003 Holmes Blvd. – $106,000
Lizzie Lu’s Island Retreat – 214 54 St., A&B – $730,000
Robin Rodisky – 307 66th St., A – $345,000
VM Seaside LLC – 113 36th St., B – $275,000
Christopher and Karen Norton – 309 65th St., B – $275,000
Swackhammer, Bmeehan, and Kmeehan Inv VI LLC- 106 75th St. – $225,000
Manatee AMI LLC – 205 N Harbor Drive – $195,000
Cove AMI LLC – 206 N. Harbor Drive – $345,000
Jeffrey and Annette Gutzwiller – 316 63rd St. Unit 6B – $105,000
Stephen and Karen Travill – 301 74th St. – $195,000
Bob and Ellen McCaffrey – 7003 Holmes Blvd. – $235,000
FL Gulf Coast Vacation Homes – 211 54th St. – $395,000
FL Gulf Coast Vacation Homes – 4804 Gulf Drive – $270,000
Hutchinson Trust – 104 75th St. – $552,000