Tuesday, June 23, 2009

Venice - Council to revisit brief rentals

The City Council of Venice Florida is meeting today to, once again, debate short-term rentals of single family homes.

Read the article "Council to revisit brief rentals" at the Herald Tribune web site.

Monday, June 22, 2009

Multi-Family Property Rights at Risk

For a little over a year, the City of Miami Beach Commission and Planning Board have been deliberating the terms of rental agreements. It seems the Planning Director, for a reason unknown to the public, issued an Interpretation of the zoning code stating that because the tax code levies resort taxes on rentals of less than six months these rentals are considered "hotel use" and since hotels are not permitted in low-density residential districts landlords and tenants are prohibited from entering into contracts for less than six months.

The interpretation was deemed "arbitrary and... not enforceable" by the City's Special Master in a July 2008 decision. Additionally, the Special Master ruled "to impose a greater than 6 month requirement for rentals of apartments... is clearly not within the authority of the Director."

Therefore, the City has put forward ordinances to "clarify" the code.
  1. No rentals less than six months - this ordinance would "codify" the Director's Interpretation which would prohibit tenants from renting apartments/condos for less than six months.
  2. No rentals less than one week - this ordinance would prohibit rentals of less than one week. If rentals are for less than six months the property and property owner are subject to many restrictions and regulations.
The Planning Board will have its third public hearing on this issue Tuesday June 23rd at 1:30 in the Commission Chambers (3rd Floor, City Hall, 1700 Convention Center Drive, Miami Beach, FL).

This hearing and deliberation will focus on the neighborhoods where weekly rentals would be permitted.

To read the staff report which outlines the City's position and recommendations to the Board and to read the ordinance click File 1925 Short term rental of apartment units or townhomes.

The staff report segments neighborhoods by percentage of properties homesteaded and proximity to commercial districts and suggests that these factors be considered in determining whether a neighborhood should be zoned to allow weekly rentals.

If you own and/or rent multi-family property, we suggest you:
  1. View the staff report for the City's recommendation regarding your neighborhood,
  2. Attend the hearing or
  3. Contact the Planning Board
gappel@taxadjusters.net; jon@frydproperties.com; dveitia@urbanresource.com; henrystolar@bellsouth.net; rweisburd@apmanagement.net; fksobe@bellsouth.net; information@jskarchitecturalgroup.com;
A petition is also available on the Flamingo Park Homeowners Association web site.

At previous hearings, long-term residents spoke-out against allowing weekly rentals for fear that "transients" would "destroy the neighborhood".

If you do not speak out for your rights the City will forfeit them for you.

City May Abandon Rule Preventing Alcohol Sales in certain Commercial Areas

An old City Code doesn't allow the sale of alcohol within 300 feet of an educational facility.

This Code has made it necessary for restaurants and other establishments on Espanola Way and sections of Washington Avenue to obtain variances from the City of Miami Beach Board of Adjustment every time a new business is opened, an often costly and time-consuming process.

Over the years, these variances have been granted and Espanola Way has become a vibrant historic district serving residents and tourists alike.

City of Miami Beach Board of Adjustment member Alex Annunziato thinks the old Code should be retired:

“I think there’s an argument to be made that this rule is one of the rules that needs to be identified for revision,” Annunziato said. “There’s really no way that we can accurately and logically enforce it anymore.”

City Attorney Gary Held sees the logic in revising the rule, stating “clearly there has been a pattern established that this use has been permitted.”

“I don’t understand why we have the ordinance,” said Sherry Roberts, a candidate for Miami Beach Commissioner and Board of Adjustment member. “If staff is recommending to us that we always approve these, it’s like, why are we wasting our time? Either we are going to obey the ordinance or we’re not.”

The President of nearby Fisher-Feinberg Elementary, and the school board, are not opposed to alcohol sales in nearby restaurants and cafes.

As a result, the Board of Adjustment drafted a resolution asking the City Commission to examine the old Code and consider abandoning it all together.

For more information, read "City Board Challenges Espanola Way Area Alcohol Restrictions"




About Us

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We are a grass-roots coalition of property owners dedicated to protecting the rights of property owners in Miami Beach, Florida. If your property rights are being threatened we want to hear from you. This website is intended for informational purposes only, reflects various opinions of our members, and is not intended as legal advice. Do not rely on the opinions or information stated herein as legal advice.