Friday, August 31, 2007

St. Augustine Beach targets vacation rentals -- Plans to curtail the practice surprise those who offer their homes part of the year.

Last modified 8/31/2007 - 6:37 am
Originally created 083107


St. Augustine Beach targets vacation rentals -- Plans to curtail the practice surprise those who offer their homes part of the year.

By ANNE MARIE APOLLO, The Times-Union


ST. AUGUSTINE BEACH - Even those willing to pay for a room with a view could be out of luck in St. Augustine Beach.

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Vacation rentals here, which can run anywhere from $1,500 to $5,000 a week, have pitted small investors who have leased out the space for years against city officials who say the practice isn't allowed.

The sudden crackdown comes as a surprise to people like Paulette Lewis, who bought and restored a beach house on First Lane several years ago, building a loyal clientele who book the unit up to a year in advance.

"We were stunned when we found out about it," Lewis said of the city's plans to curtail the rentals. "I don't understand why this is an issue."

Almost always, the renters are a family, often grandmothers hosting their children and grandchildren on vacation, she said - not the type to draw complaints from the neighbors.

The rentals aren't all over the city, she said, but instead in an area east of A1A, near the beach and close to restaurants, bars and other entertainment that dots that area.

The city commission is expected at its next meeting to consider an ordinance that could grandfather in people like Lewis, allowing the vacation rentals with certain regulations in place for at least another year, after which the commission would reconsider the issue.

Several of those who offer the vacation rentals, including Lewis, said they don't mind increased regulation, but are concerned the city may take action to halt the practice entirely.

A law firm representing several entrepreneurs has requested formal mediation procedures between the two sides. That request also is expected to be heard at the upcoming council meeting.

Alicia Curran, one of the lawyers involved, said she believes the city's attempts to limit use of the properties violates the federal and state constitutions and would be a financial hardship for her clients, who bought the seaside properties with the expectation they would be able to rent them out at least part of the year.

Vacation rentals, common in tourist areas, are particularly popular with families, who like the idea of renting an entire house, she said. Living rooms and kitchens allow them to stretch their dollars and relax in a more homelike environment, she said.

"Take that away and families won't be able to come here anymore," she said.

Transient lodging facilities

Geoffrey Dobson, attorney for the city, said he doesn't think conditions are always so idyllic.

He said that frequently more than one family stays in such units, technically called transient lodging facilities, those where renters stay less than 30 days.

Those shouldn't be confused with short-term rentals allowed by the city, which span more than a month but less than half a year, he said.

Rental agreements for shorter periods of time are not addressed by the city's code as a use for medium-density areas, where the rentals under debate fall, Dobson said.

Uses not specifically laid out under that document are not allowed, he said.

Still, vacation rentals are hardly hidden. Many scattered around town have small signs affixed advertising them as being available on a weekly rate.

Nothing new

Marta Roth, who rents out the bottom portion of her beach-side duplex to vacationers, said before she and her husband bought and fixed up their property, the previous owners had done the same for years.

Roth, who also is represented by Curran, said the people who vacation in places like hers contribute to, not hurt, the community.

They often leave books, videos and shells behind in the unit for the next family to enjoy, she said, not only out of kindness but because they consider the house an extension of their home.

"They love St. Augustine Beach," she said. "They love this community."

annemarie.apollo@jacksonville. com, (904) 359-4470

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