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Property owner, city battle over rental of home

Treasure Island says the building isn't being used as a single-family dwelling, but the owner disagrees.

By KATHY SAUNDERS
Published August 17, 2005

TREASURE ISLAND - An Isle of Capri homeowner has until today to prove to the city that he isn't using his house as a residence for the clients of his alcohol and drug treatment business.

Matthew Schwarz could be fined $250 a day for violating city zoning codes that require the house at 12305 Third St. E to be used as a single-family dwelling.

Schwarz and his attorney claim the use of the house does comply with city zoning codes, even though it has been leased more than 67 times since January.

"It is our position that the house complies with the zoning code and we have always taken this position," said attorney Ethan Loeb of Bricklemyer, Smolker & Bolves in Tampa.

The leases, provided to the city under subpoena, show Schwarz offers the house to clients for four-week stays at $1,554 a month. The leases also state that residents may share the house with up to six renters at a time.

Schwarz operates Gulf Coast Recovery, a substance abuse treatment program across the street from City Hall.

"He's in a residential district and he's using his property like a hotel," City Manager Ralph Stone said.

Neighbors have been complaining since December 2004 about noise and traffic at the Isle of Capri house. Residents of Tarpon Drive say the same activities are occurring at a home owned by Schwarz on their street.

Jamed Goostree, who owns an apartment building to the north of the house on Capri, said residents of the home stay an average of two to four weeks at a time.

"This started out as a bad cold and progressed to a flu. Now it has grown to a cancer," said Goostree. "These people are coming and going, and they could care less about me or any other neighbor."

Goostree's wife, Janie Hermann, said the residents have told her they were patients and counselors.

"Numerous group meetings are held in the back yard," she said. "They go on all hours of the day and night."

"I can see them every day. I can observe them through my oleander bushes. Last week we had a screaming person on a cell phone in the back yard for about 10 minutes - you can hear everything next door."

The house on Third Street is pictured on the Web site for Gulf Coast Recovery. The site says, "Our beautiful facilities are located in Treasure Island, Florida, and include many attractive features. Our package includes a nearby beach, dock fishing, an accessible recovery community and even a Jacuzzi on the premises."

Stone said the city has zoning districts where short-term leases are permitted. "He has legal options," Stone said.

Schwarz and Loeb attended a three-hour hearing before the city's code enforcement board on Thursday after Schwarz was cited with a code violation at the Capri house.

"Right now, I currently rent my house out, and all the people have a business relationship with Gulf Coast Recovery. The names of the renters were covered on the leases he provided the city," said Schwarz during an often heated, three-hour meeting.

Schwarz said the home is his primary residence, although he said he has spent less than six nights there this year. He said he has rented the property since June 2004.

That makes the home a "transient rental facility," said Code Board Chairman Lenny Kaul Jr. "I'm really sorry the folks out there have been dealing with it this long."

City inspectors have asked to enter the home for an inspection this week.

Loeb said he wasn't sure whether Schwarz would allow that.

Code board members expect to discuss the violations again at their Aug. 25 meeting.

The meeting is scheduled at 3 p.m. at City Hall, 120 108th Ave.

"I think we need to send a message to the people of the city that live here that you can't take advantage of our code," board member Ken Brown said.

If the city fines Schwarz, his attorney said the matter could end up in court.

"We are still evaluating all of the options, and we anticipate appealing the decision on numerous grounds," said Loeb.

[Last modified August 17, 2005, 01:09:16]