- April 28, 2024
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Tensions between an Airbnb and its neighbors on Mill Creek Road in East County have brought attention to concerns on whether the short term rental industry might need more local government regulation.
When Mark Egbers settled into his Mill Creek Road home about a year-and-a-half ago, he thought he had found a tranquil river environment. However, Egbers said he soon learned a short-term rental home nearby was creating more noise than he wanted to hear.
“When I bought my house, I found out that when the party started, there was lots of noise, usually on Saturdays, and sometimes other days too,” Egbers said. “The majority of the problems that I experienced are the ones that are events — weddings and stuff like that.”
The problem isn't limited to East County. The city of Bradenton passed an ordinance in February intended to keep short-term rental properties from annoying neighbors. Besides needing to register a short-term rental with the city, it limits a maximum of 12 guests visiting a short-term rental at a time. Manatee County has no such regulations.
Ads for the short-term rental property on Mill Creek Road say the property has parking for 50 cars.
Several neighbors are concerned about the large groups.
“The back of their property is very close to the back of our property because we're on a lagoon,” said another neighbor, Monica Joiner. “That's the other problem; sound travels over water. There’s a little bend in the lagoon right there. Sometimes it's noisier than others. The last wedding they had, they set up the sound system right over the water.”
“Our house has extra insulation,” said another neighbor, Dennis Puckett. “It has double pane vinyl windows that we installed, and is pretty soundproof."
However, Puckett said that at one point recently the sound from the short-term rental was so loud that, “I couldn't even hear my television turned up full volume.”
“If I step out the front door, it’s just blasting,” Puckett said.
The rental home is advertised on Airbnb, Facebook, and VRBO as “Shangri-la Vacation Rental Home.” The description states, “This beautiful home has hosted countless family reunions, exclusive retreats, religious celebrations, birthdays, sports teams, golfers, newlyweds, and even celebrities.”
Don Power, the owner of the short-term rental property, said he has gone to great lengths to be a good neighbor. Power said the property has been in his family for years and after he was unsuccessful trying to sell it five years ago, he turned to offering it as a short-term rental in 2018.
Power said most of his guests are quiet and respectful, and only a few have caused noise issues. He said disallowing gatherings at the home would be like banning relatives from coming over for Thanksgiving. “Homeowners have rights,” he said.
“We don't do weddings,” he said, contradicting his neighbors' claims. “I rent my home. And then people do whatever they do. I'm not a commercial business. I am an Airbnb and VRBO. Now the noise level — I wouldn't like people who made a lot of noise at night and I would be upset, too. I don't really know what to do.”
He said his lease agreements subject guests to a fine if they are making loud noise after 10 p.m., or if they break the county noise limitations (60 dBA or 65 dBC between 7 a.m. and 11 p.m. Sunday through Thursday, or between 7 a.m. to 12 midnight Friday, Saturday and the day prior to a federally recognized holiday). He said that warning is listed on his website.
“Now, as a homeowner, I could say no music whatsoever,” he said. “But that's not fair and reasonable. You're on vacation, you want to have music, particularly if you're at the pool or in your backyard.”
He said he has purchased decibel meters to keep track of noise on the property. He said those who rent the property will be subject to a $1,000 fine if they break noise ordinances and he wants to add that into his contracts for the property.
He said that he is seeking an attorney’s advice before implementing the measure.
Power also said he encourages the use of headphone-based silent disco systems since late 2019. He has put up a bamboo hedge along the fence line to block noise, and he said the bamboo will mature within six months. While some neighbors had requested a wall, he said a wall would damage the aesthetic value of the home. Power said he tries to secure the garbage cans, but raccoons sometimes scatter trash.
He has hired a private, off-duty police officer to keep watch on large gatherings and direct guests to park in the correct location. Neighbors said any problems they used to have with parking issues have been resolved, although noise issues remain.
Mark Gabrick lived on Mill Creek Road until 18 months ago.
“The noise from that property, when they did have events, was annoying and disruptive," he said. "The music permeated through the walls of my home.”
Mike Hofer, another Mill Creek Road resident, said it shouldn't be acceptable to make a business out of a home in a residential area that irritates the neighbors.
Bill Logan, the Information Outreach Manager for Manatee County, said the county's code enforcement has issued notices of violation at the property in the past, but has never written a citation.
According to Randy Warren, Public Information Officer at the Manatee County Sheriff’s Office, the police have made seven visits to the property since August 2021. During the last trip Feb. 7, the deputies measured the sound, which was within allowed limits.
Warren said the policy of the police department is to gain compliance through education. “If they’re in direct violation and they know better and this continues to happen, it's really at the deputies’ discretion whether or not to write citations. Quite a bit of responsibility falls on the property owner, to make sure the people who are staying there are abiding by the county ordinances.”
Some neighbors said the short-term rental does not bother them.
“I enjoy sitting out there watching the weddings," Marcia Frost said. "As long as they don't play too late, it is nice to have a little music and a little life in the neighborhood. The home brings a lot of people happiness, because they do family reunions, they do weddings, and they can have most of it outdoors. It’s a lot of good. But I understand the neighbors’ side, too. It is a nice, very, quiet neighborhood. But it only occasionally gets out of hand or loud.”
Resident Lawrence Barnett said he has definitely noticed fewer loud events.
Power did receive a citation from Manatee County code enforcement for “hosting weddings,” but the case was dismissed by 12th Judicial Circuit Court Judge Douglas K. Henderson in 2020 due to the code’s "lack of specificity on weddings."
Lisa Barrett, the comprehensive planning section manager for Manatee County in Building and Development Services, said efforts are underway to amend the code, adding “weddings” and “banquets” to the definition of “medium-intensity recreational activity.”
The Manatee County Code of Ordinances states, regarding medium intensity recreational activity at a residential dwelling, “No building or structure used for or in connection with any such use shall be located within fifty (50) feet of any adjoining property which is in a residential district. Additional setback width may be required, based upon the intensity of the proposed use, as determined by the Department Director.”
Barrett was asked whether there was any concern that the amendment could simply allow large gatherings under names other than “wedding” or “banquet.” She said, “There is, and that's one of the reasons why we're constantly looking at our land development code. We do have some room for interpretation. We try to capture everything that we can in the definitions.”
Those definitions will be discussed at the Commission meeting June 16.
Barrett also said the county does not regulate short-term rental homes. All county ordinances treat these homes based on the structure of the building and not based on their use.
Manatee County Information Outreach Manager Bill Logan said placing an outright ban on gatherings of certain numbers would be “infringing upon somebody's right to run a business or make a living."
Bradenton City Councilwoman Marianne Barnebey said the justification for their regulations was that rental homes were “an end run around the zoning rules.”
In September of 2019, Anna Maria Island adopted a noise ordinance for short-term rentals that subjects noise violators to a $35 fine without a verbal warning, followed by increasing fines for subsequent violations. A business with three citations in a 12-month period can be declared a public nuisance and potentially lose its right to continue operations.
On Monday, Airbnb announced its host owners in Florida earned $265 million in 2021.
