Leesburg council approves Hotel Berg rooftop exception, authorizes land take for Balls Bluff park and clears consent agenda

Leesburg Town Council on June 24 approved a minor special exception allowing limited accessory uses within a mechanical penthouse at the Hotel Berg, authorized acquisition of land rights by condemnation for street work tied to the Veterans Park at Balls Bluff capital project, and approved multiple consent-agenda items including a sanitary sewer reimbursement and a flood-plain resiliency contract.

The rooftop special exception for 208 South King Street (the Hotel Berg) passed on a 5-1-1 vote after public comment from nearby residents raised noise and nuisance concerns. Council also voted 6-0-1 to approve the town's petition and certificate of take to acquire temporary construction easements and one full parcel needed for street improvements to serve the Veterans Park at Balls Bluff. Consent-agenda items A, B, D and E were approved following the removal of item C for brief council discussion.

Council members and staff said the Hotel Berg application meets the town's new zoning standards for mechanical-penthouse rooftop uses, but neighbors urged tighter controls on noise and operating hours. Scott Parker, senior planning project manager in the Department of Community Development, told the council the applicant sought approval for 200 square feet of accessory uses in the mechanical penthouse — described in the application as a 150-square-foot food-preparation area plus bathrooms — and that the application met the seven requirements of zoning section 10.4.6. Parker said staff recommended approval subject to conditions, including hours of operation and prohibitions on amplified live music in the rooftop area as proffered by the applicant.

“I won't do a dramatic reading of these, but this is what section 10.4.6(c)(8) has as the requirements for applying and the use standards for this particular application. And the applicant has met all of the 7 requirements of this code section,” Parker said during his presentation.

Kevin Ash, the applicant, said he intended the rooftop to be a social space with background music but without amplified live performances. “I was proposing was no, amplified live music. I am sensitive to, you know, the town and some of the live music issues and loud music issues, so I was willing to proffer no amplified live music. I do want to have background music up on the…