INDIAN ROCKS BEACH, Fla. — In a controversial vote, Indian Rocks Beach city commissioners have taken the first step to weaken some of the city’s rules for short-term vacation rentals.
The 3-to-2 vote happened at the end of a contentious five hour meeting Tuesday night.
For years, homeowners like John Pfanstiehl have argued AirBNB and VRBO rentals are destroying the coastal city by disrupting it with loud, drunken parties; speeding; and other undesirable issues.
“When people come to party in a neighborhood like this, it’s because they don’t want to party in their own neighborhood. They’re not coming for good behavior,” he said. “Just the sheer number of strangers. We don’t know who they are. The people renting the houses out don’t know who they are.”
Almost two years ago, Indian Rocks Beach city commission passed an ordinance that lays out extensive rules for vacation rental owners and the people who rent them.
The ordinance restricts occupancy of vacation rentals, sets some parking rules, and specifies penalties for repeat violations.
Some vacation rental owners, however, believe the ordinance is an unconstitutional overreach, so they filed multiple federal lawsuits in response.
In hopes of settling the ongoing legal fight, a majority of city commissioners approved the changes to the ordinance. The city's mayor argued the changes aren’t as drastic as some homeowners describe. Another commissioner who supported the change argued the city has bigger priorities after two devastating hurricanes.
Critics, however, feel the change strips strip away many of the key rules and protections included in the ordinance.
Matthew Barrowclough, one of the many plaintiffs suing the city over its rules for vacation rentals, has a different take. He owns and lives in an Indian Rocks Beach home that he also shares as a vacation rental.
“There’s good people here. I’m a good person. And I think many owners like myself — they want to see good things thrive in the city,” he said.
He believes the current ordinance is too restrictive. He also thinks it could put the city in extreme financial hardship, as rental owners seek to recoup their financial losses.
“A lot of people are suffering economic losses here because of that [ordinance], so the city is now going to be on the hook for paying that,” he explained.
In November, one such owner filed a claim against the city under the Bert J. Harris, Jr., Private Property Rights Protection Act. The state law provides compensation and relief to landowners when government rules and regulations limit their private property rights.
In Indian Rocks Beach, the owner of a large vacation rental on 20th Ave. sent a letter to the city asking for either $2.6 million in compensation for lost revenue or to be exempt from the occupancy rule in the current ordinance, which limits how many can stay overnight in vacation rentals.
“The Ordinance has permanently and significantly reduced the Property’s ability to utilize all its dwelling units for short term rental purposes, which results in an economic waste of the Property, and a decrease in rental revenue as compared to that which was realized before the Ordinance was enacted and enforced,” a lawyer for the property owner tells the city in the Nov. letter.
In a separate 3-to-2 vote, Indian Rocks Beach city commission approved the occupancy exception for that rental.
The other vote, to change the rules as a whole, will require an additional vote in February.
Some like Pfanstiehl hope the city will ultimately stand firm in defense of its ordinance.
“This is absurd. They’re bending over backwards to these disruptive businesses,” he said previously.
