neighborhood
associations
this week we're here, an' we'll do
what we damn well please! If
you don't like it, MOVE OUT!"
(This seems to
be our City's
view -- Now what are
they going to do to us.?)
HOME TO ROOST. MANY OF OUR MEMBERS ARE REPORTING INCREASED T.R.
ACTIVITY IN THEIR NEIGHBORHOODS, WHILE THE CITY GUTS OUR ZONING LAWS.
1. Does this mean that Rollison can continue renting (on a transient basis)?
The answer is yes.
2. Does the ruling apply to only Rollison?
It appears to, yes.
3. Does it apply to the other litigants?
Others can cite the case AS A PRECEDENT for their claims.
4. Does it apply only in the HPRD zone, or in all zones?
It does not appear to be zone-specific.
5. Can other owners in other zones, claiming to be in the same situation as
Rollison also rent on a transient basis?
They are already planning on it.
6. If they can, what are the criteria for being able to do it: a non-transient license
and an old receipt?
The opinion seems to suggest a non-transient license is enough.
7. Won’t this open the city to transient rentals everywhere?
It seems to have that effect.
8. Didn’t the zoning laws, including the original HPRD description, restrict
transient rentals?
Yes, they did.
9. Will the city appeal the decision of the Third District Court of Appeals?
The "pro-rent" attorneys have said that they will "settle" without damages if
allowed to continue short term rentals. The City did appeal the decision. They lost.
(Details in the file section of our KWNA Yahoo site).
10. Does the right to continue “nonconforming” transient use go with the
property, or with the individual?
The right seems to go with the property.
11. Will new licenses be granted, or will the transient use be allowed without a
license?
It will probably be allowed under a non-transient license.
12. Will these new licenses be worth money, and be transferrable?
It is unlikely that they will be transferrable at this time.
13. Does the city plan to continue bringing action against transient scofflaws?
Still unknown at this time.
14. What statute provides the $5000 fine for “irreparable zoning violation” that we
have been reading about in the papers?
Also still unknown at this time.
15. In what cases would such a statute be used?
Unanswered at this time.
16. How can the city enforce the zoning laws with this situation? If Rollison and a
few others can do it, why can’t everyone, for example, the people right next door, do
it? The problem is that this is what may happen. Once again we'll be faced
with a "blockbusting" situation.
17. How will they be able to prevent anybody from renting on a transient basis?
It will be most difficult for the city to do this.
18. How did this “50% rule” get started: who promulgated it and under what
authority did they inform people about it?
Unknown, but ideally, no one who promulgated it should be part of the present
process.
19. If “de facto” licenses are granted, how many will there be, and where are the
properties located?
It is unknown. This has been an ongoing problem with "grandfather" schemes.
20. If an adjacent neighbor decides to rent on a short term basis too, will the city
try to enjoin them from doing it? Even if they decide to try to stop them, how can
they accomplish this, since the commission has made the penalties for zoning
offenses mere infractions?
Unanswered and unknown.
21. Given market pressures, what is to stop all the residential areas in the city
from going to commercial rentals?
Even in today's six and seven figure real estate market, the answer to this is
probably: NOTHING.
22. But what about that recent case on the Annex where they "threw the book"
at that person?
Those charges were related to ancillary violations, not transient renting itself. The
real test will come this "season," when we may see a proliferation of transient
activity in our neighborhoods, and the City's reaction to the threatened "takings"
suits.
So stay tuned; there's simply too much economic pressure for this problem to
simply fade away.
UPDATE: IT'S NOW BASICALLY LEGAL IN THE TRUMAN ANNEX AREAS.
FOR US?
"What can I do?"
We can start by reminding our Commissioners we DON'T want it starting up around us!
Clopez@keywestcity.com, HBethel@keywestcity.com,
Mmcpeherson@keywestcity.com, Bverge@keywestcity.com,
Dkolhage@keywestcity.com, Menendezin@aol.com, Mrossi@keywestcity.com
WHO WROTE THIS THING? -- THE SAME GUY WHO PROMOTED THE "50% RULE"?
WILL IT MEAN THE "BLOCKBUSTING" OF OUR NEIGHBORHOODS?
WILL IT SPREAD FROM THE ANNEX TO ALL AREAS OF TOWN?
WE WILL TRY TO KEEP THE PUBLIC INFORMED.
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