The Anna Maria Island Sun Newspaper


Vol. 16 No. 7 - December 16, 2015

FEATURE

Concerns linger after lawsuit dismissal

ANNA MARIA – Larry Chatt and Jason Sato are glad the vacation rental ordinance lawsuit has been settled, but they and others still have concerns about the grandfathering provisions contained in the new ordinance.

The city and the plaintiffs reached a non-monetary joint settlement agreement on Dec. 8.

Adopted by the City Commission on Nov. 19, the new vacation rental registration ordinance takes effect April 1. The mandatory registration process begins in January. Last week, commissioners passed a resolution setting the first year registration fee at $695 per vacation rental.

New structures permitted after Nov. 19 are limited to a maximum occupancy of eight, but the new ordinance includes a grandfathering provision that allows existing and previously permitted structures two occupants per bedroom for the next five years.

After five years, the grandfathered properties would be limited to eight occupants, which does not sit well with some owners.

“We’re happy we were able to collaborate with the city of Anna Maria to find a more reasonable ordinance. We are still concerned that the subject of grandfathering appears to be a hot topic among many property owners. We are hopeful that further collaboration will help improve on the current ordinance and satisfy those property owners that take issue with the occupancy limits,” Chatt said on Friday.

Chatt owns Island Real Estate and serves as president of the Anna Maria Island Vacation Property Association. Both entities were plaintiffs in the lawsuit filed in May in opposition to the original ordinance adopted in April. Six other property owners and/or LLCs were also named as plaintiffs.

The issues raised in the lawsuit led to the ordinance being amended multiple times. Subsequent closed-door mediation sessions then resulted in a new ordinance being created to replace the ordinance amended by the commission in September.

“Most property managers just want equal consideration, and we want the noise and parking ordinances equally enforced. A renter does not make noise that is any more bothersome than noise made by a resident; and residents should also not be allowed to park all over their lawns. I continue to encourage the city to treat all visitors and residents with the same criteria and that should resolve those issues,” Chatt said.

Sato co-owns Sato Real Estate and is a member of the vacation property association.

“Grandfathering is still an issue and that is something we would like to help with,” he said, Sato and others feel the grandfathering provisions should be permanent and include the plus-two guests provision afforded to rental units containing three or fewer bedrooms.

“My biggest beef from the beginning was we didn’t have to have a settlement and a lawsuit. All this time and money was spent, but when we first started discussing this, our proposal was very similar and our association and the city were not far apart,” Sato said.

“I just want what’s fair. I’m not only a business owner, I live in Anna Maria too. I was raised on the Island and I have a two-year-old and a three-year-old. We all want what’s best for the city and the Island, and the city eventually realized that,” he added.

A news release posted at the association Website says, “Collaboration with the mayor as well as commissioners has led to a much improved vacation rental ordinance. The ordinance will better stand the test of time and is considerably more reasonable on most aspects. We are aware occupancy for many is a big problem in regards to the ordinance. We are appreciative for the collaboration with Anna Maria City and hope further collaboration reduces potential Bert Harris claims, however, time will tell.”


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