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Key Allegro house in HOT controversy
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| This house located at 18 Whooping Crane is the subject of possible code violations and/or unpaid hotel occupancy taxes. Photo by MIKE PROBST |
By MIKE PROBST, Editor & Publisher
The owner of a house at 18 Whooping Crane in Key Allegro is in the sights of City of Rockport officials, as well as neighbors living in the area because of what could turn out to be a code violation and/or refusal to pay hotel occupancy taxes.
That issue was addressed at length at the Rockport City Council's regular meeting Tuesday. The council voted unanimously to authorize City Attorney Bill Walston Jr. to proceed with legal action against the property owner in district court.
The concern is whether or not a commercial business (Casa De Cuentos) is being operated out of the house, or, if it is simply a rental home like many other ones on the island. If it is only a rental home then the owner is not paying the required hotel occupancy tax to the city and state, according to Walston.
Rockport Code Enforcement Officer Ignacio Buitron responded to a neighbor's complaint regarding the operation of a business in a residential area without a special permit. Buitron told the Austin owner, Larry D. Weisinger, via a letter mailed June 23, 2008, to cease and desist immediately all business operations at 18 Whooping Crane.
In response to Buitron's letter, Wes Wehman (not the recorded owner of the property) said Casa De Cuentos is designed “to drive rentals in my personal vacation home.”
He said the company is set up for “tax purposes and as a fun hobby.”
Wehman said 70 percent of his rentals come from a vacation rental website. He said he likes to use other avenues for renting the house because area management companies charge 30 percent for their services.
Casa De Cuentos is advertised as a place which is perfect for entertaining, complete with all amenities “including 500-pound-per-day icemaker ... and parking for 12 cars off street.” It also sleeps up to 18 people.
At that point the issue was turned over to Walston.
Walston sent, via certified mail, a letter to Weisinger telling him to “cease and desist from your outfitting' services” operating from the Whooping Crane address.
Walston also noted, “Irrespective of the alleged zoning violation, under both sate law and city ordinances, your rental of this property to non-permanent residents requires you file quarterly reports and pay at such time the report is filed the hotel occupancy taxes due. To date, the City of Rockport has not received a report or payment of any taxes owed pursuant to your rentals of 18 Whooping Crane.”
Walston's letter, dated Sept. 5, 2008, has been returned unopened. He asked the council on Tuesday what action it wanted him to take.
Ozel Cox, who lives on Whooping Crane, said, “If there's any question about this being a business I have pictures.”
He said in early October there were eight cars, as well as numerous boats, blocking the road.
“These people are thumbing their noses at us,” said Cox. “These people are advertising space for 12 cars, and our homeowners' association allows for only three.
“What are you guys going to do? After four months, come on, let's get something done,” he said.
Mayor Todd Pearson said the city has waited long enough, adding, it's time to “take it to court.”
Councilman Frank Reilly said the homeowners' association also needs to get involved.
Walston said on big weekends there are a lot of people on the island. He also noted the city does not know, for a fact, if the people staying at the house are not family.
“Their ice maker makes 500 pounds of ice per day,” said Cox.
Bill Kirmse, who also lives on Whooping Crane, said he has seen six boats and 18 guys at the house, adding, “These guys weren't from the same family.”
Reilly said if vehicles are blocking traffic the police should be called, and the vehicles will be towed.
Walston noted the traffic issue is completely different than the zoning issue being considered by the council.
That issue was addressed at length at the Rockport City Council's regular meeting Tuesday. The council voted unanimously to authorize City Attorney Bill Walston Jr. to proceed with legal action against the property owner in district court.
The concern is whether or not a commercial business (Casa De Cuentos) is being operated out of the house, or, if it is simply a rental home like many other ones on the island. If it is only a rental home then the owner is not paying the required hotel occupancy tax to the city and state, according to Walston.
Rockport Code Enforcement Officer Ignacio Buitron responded to a neighbor's complaint regarding the operation of a business in a residential area without a special permit. Buitron told the Austin owner, Larry D. Weisinger, via a letter mailed June 23, 2008, to cease and desist immediately all business operations at 18 Whooping Crane.
In response to Buitron's letter, Wes Wehman (not the recorded owner of the property) said Casa De Cuentos is designed “to drive rentals in my personal vacation home.”
He said the company is set up for “tax purposes and as a fun hobby.”
Wehman said 70 percent of his rentals come from a vacation rental website. He said he likes to use other avenues for renting the house because area management companies charge 30 percent for their services.
Casa De Cuentos is advertised as a place which is perfect for entertaining, complete with all amenities “including 500-pound-per-day icemaker ... and parking for 12 cars off street.” It also sleeps up to 18 people.
At that point the issue was turned over to Walston.
Walston sent, via certified mail, a letter to Weisinger telling him to “cease and desist from your outfitting' services” operating from the Whooping Crane address.
Walston also noted, “Irrespective of the alleged zoning violation, under both sate law and city ordinances, your rental of this property to non-permanent residents requires you file quarterly reports and pay at such time the report is filed the hotel occupancy taxes due. To date, the City of Rockport has not received a report or payment of any taxes owed pursuant to your rentals of 18 Whooping Crane.”
Walston's letter, dated Sept. 5, 2008, has been returned unopened. He asked the council on Tuesday what action it wanted him to take.
Ozel Cox, who lives on Whooping Crane, said, “If there's any question about this being a business I have pictures.”
He said in early October there were eight cars, as well as numerous boats, blocking the road.
“These people are thumbing their noses at us,” said Cox. “These people are advertising space for 12 cars, and our homeowners' association allows for only three.
“What are you guys going to do? After four months, come on, let's get something done,” he said.
Mayor Todd Pearson said the city has waited long enough, adding, it's time to “take it to court.”
Councilman Frank Reilly said the homeowners' association also needs to get involved.
Walston said on big weekends there are a lot of people on the island. He also noted the city does not know, for a fact, if the people staying at the house are not family.
“Their ice maker makes 500 pounds of ice per day,” said Cox.
Bill Kirmse, who also lives on Whooping Crane, said he has seen six boats and 18 guys at the house, adding, “These guys weren't from the same family.”
Reilly said if vehicles are blocking traffic the police should be called, and the vehicles will be towed.
Walston noted the traffic issue is completely different than the zoning issue being considered by the council.
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