The Anna Maria Island Sun Newspaper

Vol. 15 No. 44 - September 2, 2015

headlines

Bowlers hit sweet spot for Center

Carol Whitmore

maggie field | SUN

Holmes Beach Police Officer T. Rex takes over crossing guard duties
on the first day of school.

 

BRADENTON – Bowlers found their strike groove this weekend at the AMF Lanes on Cortez Road and turned the inaugural LaPensee Plumbing, Pools and Air Bowling Tournament into an unparalleled success to benefit the Island Community Center.

According the Center’s Wende Webb, about 170 bowlers participated in the long-running tournament formerly known as the O’Connor Bowling Challenge.

“Everybody had fun and there were a lot of new people and young people this year,” Webb said.

“One group asked to have the lights turned off so their bowling balls would glow in the dark and (former Holmes Beach Commissioner) David Zaccagnino sponsored the kid’s lane. We had a new woman in town from Ireland who had that whole line of kids under control.”

Final results for award winners were unavailable at press time, but Webb added: “It was a great group of people and going to the Anna Maria Oyster bar for the awards ceremony afterwards was half the fun.”

As far as fundraising for the Community Center, Webb said the event generated approximately $1,800 in raffle ticket sales and around $4,000 in entry fees, from which the bowling costs were deducted.

“With the sponsors and everything else, we made twice as much as we did in the past. From the point of view of helping the Center, the tournament did its job. We got our goal accomplished,” Webb said.

"We couldn't have done it without the support from the LaPensees and the Sun's wonderful donations.

“And everyone I talked to had fun,” she added.

Commission discusses vacation rental certificate

HOLMES BEACH – City commissioners took their first pass at a draft list of information and supporting documentation needed for a vacation rental certificate (VRC) at last week’s meeting.

However, prior to the discussion, Human Resources Analyst Mary Buonagura asked commissioners why they are requiring a VRC.

“It gives us a solid and sound foundation of the activities within that part of our community and gives them straight guidelines,” Commissioner Carol Soustek said. “It’s an attempt to bring clarification in that industry as to what the city wants them to do.”

Commissioner Marvin Grossman said he wants to preserve the residential character of the community and while “residents don’t want a constant flow of noise,” visitors are “paying a lot of money and feel entitled to do whatever they want. We need to set up guidelines to help everybody.”

Commissioner Jean Peelen pointed out that increased tourism is putting pressure on residential neighborhoods, and some residents are moving off the Island as a result.

“We’re working very hard to find a balance, to find how we can live side by side,” she said. “Right now we have a completely unregulated industry and its our duty to find a way to be sure that if a fire starts in house over here that we know who to call.”

“We’re here to do something for our citizens,” Commissioner Pat Morton said. “We want to get this to where we have respect from both sides of the table.”

Chair Judy Titsworth said she had three reasons – “ to establish the data needed, to have a signed affidavit so they understand our rules and (to) give us the tools for enforcement.”

Information required

Buonagura said she had spoken with commissioners, rental agents and owners and researched other cities and ordinances before drafting the three-page application information.

“It’s a huge, huge project, and we’re only starting tonight by looking at three pages,” she told the board. “In our discussion tonight, I hope we can have a distillation of thought that will produce the next paper for the next work session.”

The first page listed the information the city is soliciting – the name of the rental agent and property owner with e-mail and cell phone contact information, owner address, parcel number, rental address, number of bedrooms, occupancy, if there’s a pool and a compliance statement.

The second page listed supporting documentation required. There was some discussion on why a certificate of completion on major construction was required and commissioners agreed to ask staff to make that determination.

The third page listed inspection requirements, and Buonagura said it could require extra staff.

Regarding the requirement to have a permit for a change of use to resort housing, City Attorney Patricia Petruff suggested formalizing the process with a change of use permit with a fee.

Peelen suggested adding use of ground level space and compliance with the sign ordinance to the list, and Grossman suggested changing the sign ordinance to require that rental signs be close to the house as in Anna Maria.

Commissioners agreed to add a fourth page listing ordinances referenced in the other three pages.

Others speak

Resident Scott Boyd questioned the impact of the regulations on rental property owners and asked, "Will the new requirements be retroactive?

“When my rental was built, it met every ordinance and every requirement the city had at the time – landscaping, screening, fence, smoke detectors. Will there be a whole new level of bureaucracy to comply with?”

Petruff said there are various levels of compliance and explained that the application process would be the same for everyone, but owners won’t have to add parking spaces or move a swimming pool if it’s too close to the property line. However, there would be some regulations with which they would have to comply.

Boyd also questioned the definition of a family and said he would have been in violation when two friends and their families visited recently. He asked them to reconsider the definition.

Titsworth pointed out, “You’re staying in a residential neighborhood. For people who have lots of family that want to stay together, that’s what motels are for.”

Larry Chatt, of Island Real Estate, said, “I appreciate the openness of this commission.”

He asked them to reconsider the definition of family, require all duplexes to have smoke detectors whether they are rentals or not, reconsider the regulation that occupants of resort housing units are prohibited from parking vehicles on the street and reconsider having all rentals inspected.

“To require 100 percent inspection when 95 percent are not a problem is over kill. I would encourage the commission to consider inspecting when there is a violation,” he said.

Commissioners will continue discussion on the VRC at a future work session.

Citizens request moratorium

BRADENTON BEACH – Bradenton Beach may soon join the other Island cities in enacting a building moratorium aimed at slowing the proliferation of large vacation rentals in residential neighborhoods.

Citizen requests made during the Aug. 20 city commission meeting led to two moratorium-related items being placed on the agenda for the Thursday, Sept. 3 commission meeting.

The agenda call for discussion only on “Rental Restrictions and Building Community” and the appointment of a citizens’ panel to address vacation rentals. Thursday’s meeting will begin at 6 p.m. and will allow for public comment on this issue.

Residents call for action

Speaking as a private citizen, Planning and Zoning Board member Frank Harrison initiated the moratorium request when he said, “What I’m asking for today is a six-month moratorium on building any structure, residential or rental, that would exceed three bedrooms.”

He then asked the commission to place this request on a future agenda.

“Anna Maria has done this, Holmes Beach has done this, and it gives us some breathing room to get our ordinance in place to help regulate rentals,” he said.

Joanne Keir spoke next and said, “I’m here to express my concern about the growing number of rentals in our community. I’m also hear to express the concerns of a dozen to 15 people I’ve spoken with in my neighborhood who feel exactly the same way. I think a moratorium would serve us all well in giving us time to take stock of the situation here. I hope we can work together and create a vision for our community and how we want to live here.”

After expressing concerns about neighborhoods disappearing and some neighbors feeling angry, depressed or helpless, Keir said, “Others are determined to take action and I hope you’ll join us. Let’s take action now before it’s too late.”

Keir’s husband, former Bradenton Beach Commissioner Bob Connors, said, “A moratorium is not going to say no development, it’s just holding back to give the planning and zoning board and the commission time to assess the situation.”

He also said, “The thing we have going for us is all the work is in place. They’ve been doing it in Anna Maria and Holmes Beach. All we have to do is follow their lead and come up with a sensible way of controlling the situation.”

Betsy Sillars said there are multiple construction projects taking place within two blocks of her home on Avenue A.

“Obviously, the developers know the heat is on in the cities to the north, but not in Bradenton Beach, hence the flurry of activity. I would be interested to know how many of these houses are being built by the same builders that caused Holmes Beach’s and Anna Maria’s current problems,” she said.

In regard to the large number of occupants that share some vacation rentals, Sillars said, “Are they doing anything wrong? No, but they are disturbing the peace. You expect the condos and motels along Gulf Drive to be hustle-bustle, but now the once-peaceful neighborhoods are becoming that as well. We look to the city to protect our neighborhoods, our community and our rights as residents by enforcing regulations on these rental properties.”

Chief justifies 25 mph speed limit

HOLMES BEACH – After a commissioner and several residents questioned why the city recently lowered the speed limit in the vicinity of Anna Maria Elementary School, Police Chief Bill Tokajer issued a memo to explain the action.

The speed limit was lowered from 35 mph to 25 mph to coincide with the start of school. The lower limit begins at the Manatee Beach and continues to the Island Branch Library.

Tokajer said the chart shown on this page shows that “the majority of vehicles traveling in this area already travel between 20 and 30 mph with only approximately 1 percent of vehicles travel at or above the 35 mph posted speed limit.

“It is my belief that all residential streets should have a posted speed of no more than 25 mph, especially those with high mixed use by pedestrians and bicycles.”

Resident Dick Motzer expressed his concern in an e-mail to commissioners

“We, as well as other residents, had no prior knowledge that this was going to occur and wondered if the commissioners knew,” Motzer said.

Motzer referenced a Florida Department of Transportation manual regarding changes in speed limits on state roads that states, “With respect to residence districts, a municipality may set a maximum speed limit of 20 or 25 mph on local streets and highways after an investigation determines that such a limit is reasonable.”

“It appears to us a study with data is necessary,” Motzer said. “Was a study done, and if so, where can we find the results?”

However, Tokajer pointed out that State Road 789 stops at the intersection of Manatee Avenue and East Bay Drive and the road in question is in the city’s jurisdiction.

Building permit fees to increase

HOLMES BEACH – In a consensus, city commissioners at last week’s meeting agreed to increase building permit fees 50 to 60 percent.

During a budget discussion in July, Mayor Bob Johnson told commissioners that the building department costs nearly twice as much as the revenue it generates, and he planned to increase building department fees.

He said the current fee schedule was established in 1998 and generates about $500,000 a year and noted, “If we leave it, we have a hole. We need to close that gap.”

Johnson said the proposed draft is a 50 to 60 percent increase and would generate $812,000 as opposed to this year’s $450,487.

“It makes sense to me,” Commissioner Jean Peelen said.

“As a developer in the past, I never objected to paying my fair share,” Commissioner Marvin Grossman added.

Commissioner Carol Soustek said some of the fees are based on property value and asked who determines that value.

“The contractor states on the application the value of the work proposed,” Building Official Jim McGuinness explained. “We look at that value and place it through a number of valuation filters to make sure it’s factual and close to its market value.”

City Attorney Patricia Petruff said they could increase the fees by resolution instead of by ordinance.

Development ordinances discussed

ANNA MARIA – City commissioners have directed City Planner Alan Garrett to continue working on new ordinances related to the building moratorium adopted last September.

These actions took place during Thursday’s City Commission work session, which followed the commission’s regular meeting.

The commission reached consensus that Garrett should draft an ordinance that would require a property owner to have a city-approved building permit before being issued a permit to clear a lot or demolish an existing structure.

Commission Chair Chuck Webb said this would prevent people from tearing down an existing building, only to find out later that the new building they hoped to build would not be consistent with city code and would therefore be denied or delayed.

Webb said the ordinance might prevent future lawsuits and disputes, while also protecting innocent applicants from tearing down a house they might have otherwise kept.

“They would not have torn down the structure to begin with had they known in the end that they were not going to be getting what they thought they would get,” he said.

Mayor Dan Murphy agreed. He said the ordinance might encourage the preservation of small, historic single-story bungalows if property owners discover their land cannot be developed in a significantly more intensive manner.

“People need to know up front whether it’s going to fly or not going to fly,” he said.

When Commissioner Dale Woodland asked about unintended consequences, Garrett said Realtors sometimes prefer to clear a lot before putting it on the market in order to make it look larger and more attractive to buyers.

The ordinance would still allow for the demolition of structures deemed unsafe.

Other actions

The commission directed Garrett to initiate a review of the city’s land development code (LDC) to ensure that it is consistent with the city’s comprehensive plan. Garrett suggested this be done by the Planning and Zoning Board.

Webb agreed and said it would provide planning board members with a greater understanding of the comp plan and LDC. Garrett said the review experience would also enhance board members understanding of zoning goals and objectives.

Webb said the last substantive adjustments to the comp plan took place in 2007.

Commissioner Doug Copeland said the most recent changes to the LDC pertained to duplexes and some of the zoning on Pine Avenue. He also mentioned a previous commission-approved change that resulted in the LDC allowing more lot coverage than the comp plan allows.

This led to further conversation on the city’s living area ratio (LAR). Garrett said the Planning and Zoning Board would soon be reviewing an amended LAR ordinance that pertains to livable space allowances. The commission adopted a LAR ordinance in 2013.

The commission agreed to leave as is the 50 percent rule that allows for annual renovations that do not exceed 50 percent of the structure’s current value.

Webb was concerned that allowing 50 percent improvements yearly could eventually lead to oversized or non-compliant structures. He suggested the renovation period be increased to every three to five years, but Garrett and the rest of the commission felt there were enough other protections already in place.

Sea grape cutting case concludes

pat copeland | sun

The sea grapes in the 4300 block of Second Avenue have begun to sprout new growth.

HOLMES BEACH – City Attorney Patricia Petruff reported that Jose Vivero has signed the Florida Department of Environmental Protection’s consent order regarding illegal sea grape trimming in the 4300 block of Second Avenue.

In addition, he has agreed to a pre-trial agreement with Assistant State Attorney Heather Doyle, and Petruff asked the commission to allow Mayor Bob Johnson to execute the agreement with Doyle.

The DEP order

The DEP order includes the following:

• Vivero must hire a certified arborist and submit a detailed management plan of the affected area to the DEP. The area shall be under the management of the arborist for a minimum of one year.

• Within 30 days of the order, Vivero shall obtain the services of a qualified lighting consultant and submit a proposed exterior lighting plan for his house to the DEP. Within 30 days of DEP approval, the plan shall be completed.

• Vivero shall not conduct any construction or excavation seaward of the CCCl (coastal construction control line) without obtaining a DEP permit or written notification from the DEP that the proposed activities appear to be exempt from DEP permitting requirements.

• Within seven days of DEP inspection to confirm the lighting meets approval, Vivero shall provide to the city up to $500 to install a sea turtle lighting educational sign in the public access at the site of the cutting.

• Within 30 days of the order, Vivero must pay a $1,000 penalty to the DEP.

• Vivero must pay $250 per day for each day he fails to comply with the provisions of the order.

• A violation of the order may result in judicial imposition of damages, civil penalties of up to $10,000 per day per violations and criminal penalties.

There are other stipulations regarding administrative or judicial challenges, access to the property and the sale of the property before all stipulations are met.

The pre-trial agreement

The pre-trial agreement includes the following stipulations for Vivero to meet:

• Fulfill the requirements of the DEP consent order;

• Reimburse the city for the purchase and installation of replacement sea grape trees at a cost of $1,000 for the trees and $1,653 for installation;

• Retrofit lighting on his property to comply with the city’s turtle ordinance;

• Pay for an arborist to monitor the sea grapes that were cut for two years;

• Reimburse the city $788 for the cost of the investigation and $1,800 for the cost of the city attorney;

• Reimburse $694 to the neighbor, who was damaged by Vivero’s actions.

• Pay for the pre-trial intervention fees and costs as well as the state Attorney’s Office investigative fee.

Petruff asked that the city make the lighting retrofit match that of the DEP order and that the city change the monitoring requirement to one year as in the DEP order, and commissioners agreed.

Building moratorium ordinance passes first reading

HOLMES BEACH – City commissioners straightened out a glitch in the building moratorium ordinance that would have made it difficult for people that currently have four bedrooms or more to add on to their homes.

The ordinance to end the moratorium calls for a maximum of four bedrooms in single-family homes and two per side in duplexes in the R-2, R-3 and R-4 zoning districts.

The ordinance also establishes the non-conforming status of existing single-family dwelling units with more than four bedrooms and individual dwelling units with more than three bedrooms in duplex structures.

However, Building Official Jim McGuinness asked, “I need some clarification. This statement makes all single-family homes with more than four bedrooms non-conforming. What if they want to add another room?”

City Attorney Patricia Petruff said if an owner wants to increase the square footage it would have to meet LAR (living arearatio)and not be a bedroom or room that could be converted into a bedroom.

McGuinness pointed out, “In our code there is a prohibition against expanding the area of a non-conforming structure. To do that, they have to go before the Board of Adjustment. That could be interpreted to mean any addition to a non-conforming structure.”

A policy decision

Petruff said it’s a policy decision of the City Commission.

“We have said to all residents, ‘We are limiting your right to build a five-bedroom house,’” Commissioner Jean Peelen stressed. “I would be opposed to further restricting our residents. We need language for people who want to expand.”

Petruff said they could add language to clarify the issue, and McGuinness suggested adding that the structure is non-conform

ing only to the number of bedrooms.

Commissioner Marvin Grossman said they should leave the language as is and residents can go to the board of adjustment to make an addition, but Chair Judy Titsworth disagreed.

“The board of adjustment is another cost for the city and if they are not adding a bedroom, why do we care?” she asked. “If I had a four bedroom home and I wanted to add a den, it would aggravate me if I had to go in front of the board of adjustment. We’re getting too ruley.”

McGuinness added, “People “should be able to add a laundry room without going to the board of adjustment.”

Commissioners agreed to add the language suggested by McGuinness.

Parking problem

Mayor Bob Johnson asked how to enforce the regulation that occupants of resort housing units are prohibited from parking vehicles on the street or in the right of way and noted, ‘It seems to me that anyone can park in front of a house.”

Peelen disagreed and said, “It covers something not covered with the permit parking plan. It’s to give relief to people who live there from cars parked all up and down the street.”

Titsworth suggested taking photos of the license plates.

Survey the city

Petruff also pointed out that the city might have to add staff in order to “go around the city and look at every residential structure and decide what it is non-conforming for. I would assure you that 60 percent of the structures are non-conforming for something.”

Peelen asked the purpose of doing that, and Petruff responded, “To have a data base so that you understand what the situation is with every house."

She said 50 by 100-foot lots are non-conforming, as are some structures after the LAR (living area ratio) was adopted and they need a record for code enforcement as well as banks and mortgage companies.

BBAR

Grossman said he thought they should add the Bedroom and Bath Area Ratio (BBAR – see related story beginning on Page 5) to the ordinance.

McGuinness urged the commission to act on the ordinance so they could lift the moratorium and stressed, “At this time, you’re not allowing single-family homes with four bedrooms but you are allowing duplexes with three bedrooms.”

Petruff said any changes to the ordinance they have made so far don’t change the title or intent and if they approve it, they can go to second reading. However, if they add BBAR, it would be considered a substantive change and they would have to re-advertise and hold a first reading again.

Commissioners agreed to consider the BBAR at a later date after City Planer Bill Brisson has had an opportunity to make a presentation.

Commissioners approved the ordinance on first reading, and Peelen remarked, “I know we’re only at the first reading, but I think that this is fairly historic. I’m so proud to be part of this group that is doing this. This decision is about what we want the character of our community to be, so thank you all.”


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