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Photo by KELLY FARRELL
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Community Development Director Steve Olmsted works with Island attorney Craig Woodward to come up with a solution for Marriott's Crystal Shores' developers to uphold their agreement with the city to install public beach access while being flexible to their request for extra time due to finances. The discussion delayed the rental ordinance hearing by more than two hours during the Planning Board meeting Friday, February 17. The request went before council Monday, May 18 after being continued from an earlier review.
Photo by KELLY FARRELL
Staff
A group of concerned Islanders form their own committee to discuss a short term rental ordinance. About 10 members of the business community met Monday evening at Orion Bank to discuss the draft ordinance after Planning Board member Monte Lazarus requested specific input on the issue Friday Feb. 13. Kelly Farrell/ Staff
Photo by KELLY FARRELL
Rudi Landwaard said he owns four rental properties on Marco Island and urged the Planning Board Friday Feb. 13 not to pass an ordinance that would limit renting.
MARCO ISLAND — Resort rentals in residential neighborhoods brought Islanders by the dozens to City Hall Friday morning.
Planning Board members and about 60 residents discussed an ordinance drafted to address about 10 short-term rentals which frequently violate city codes and laws.
The challenge in drafting the ordinance, which began with a citizens’ committee in December 2007, has been solving the relatively isolated problems while preserving the rights of the majority of non-nuisance property owners and renters.
Renters who violate noise, trash, parking and occupancy codes leave town, often without paying the consequences, only to be replaced by new renters who violate the same laws, Police Chief Thom Carr and Chief Code Enforcement Officer Eric Wardle have said.
The draft ordinance, which defines resort dwellings as renting once within seven days or up to six months, received considerable criticism.
Still a work in progress, the ordinance addresses single family and condo rentals. Condos may not last in the ordinance because Islanders, including several victims of rental neighbors, said condos are already governed by owner associations.
Planning Board member Jim Riviere proposed including condominiums so neighborhoods wouldn’t become exclusively rentals and others absent of rentals.
“I’d withdraw condos if it would help,” Riviere said.
Planning Board member Monte Lazarus requested that comments be about specific changes to the ordinance.
“This ordinance would be the last straw for me,” said Rudi Landwaard, who rents out an Island property. Landwaard warned that it could cause a decline in restaurant, grocery store and other business if the ordinance passed.
Bonnie Bozzo “respectfully requested” the planning board consider people such as herself, who suffer through frequent trash and noise violations in a “hotel zone” when they bought a property they believed was in a residential zone.
Fines for violations will be the same as other code fines with a maximum of $250 per day for a first offense and $500 per day for repeat violations, according to the current draft.
“I have year round neighbors who hold hellacious parties. Impose the law equally … A simple fix is available, just enforce the laws that currently exist,” said resident Tom Decoster, adding that Florida Statute 823.05 addresses nuisance properties.
A nuisance is described as a place which “tends to annoy the community” and is a second degree misdemeanor, according to the statute.
Marco Island Fire Chief Mike Murphy cited Florida Statute 509 saying that fire inspections should be required in the city ordinance, and the fire department is able to provide them.
Murphy said the 24-hour per day availability requirement of owners or agents should remain in the new ordinance for safety. He also suggested that occupancy remain the same as required by zoning.
Single family zones allow a maximum of two people per bedroom plus two additional occupants.
“My problem with this ordinance is the expense, which includes fees to register, fees to inspect and now emergency lighting (with 509),” Planning Board member Vince Magee said.
Resident Karen Salvi said her neighbor advertises a home that sleeps 27.
“If you live in a single family neighborhood you should live next to a single family,” Salvi said.
Keith Dameron, a realtor and banker, said he would look over the ordinance line by line and make specific suggestions by the next meeting.
About 12 residents, including several realtors, congregated around Dameron at the close of Friday’s meeting.
The group met at Orion Bank Monday evening to “brainstorm” on the short term rental ordinance.
“The crux of the issue is that renting is a right not a privilege,” Kelly Linman said Monday evening.
He said he supports requiring rental permitting, but not conditional use permits.
Conditional use permits require public notice, neighbor approval and approval from the Community Development Director, Olmsted.
The risk is that one neighbor could contest it and it’s left to the discretion of the city to decide between the neighbors, Linman said.
“These are a big boost to the economy,” said Maria Schilke regarding the 35 homes she manages through Marco Island Rental Properties, many of which are short term rentals.
“There must be a way to solve this problem without putting everyone out of business,” urged Linman.
The next Planning Board meeting is 9 a.m., Feb. 27, in the Community Room, downstairs from the police station, 51 Bald Eagle Drive.
View draft ordinance and proposed changes submitted by Community Development Director Steve Olmsted in the left sidebar
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