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Leesburg Town Council discusses remedies to BAR criticism
Town officials again looked at Leesburg’s Board of Architectural Review procedures May 28 in an attempt to address criticism about some of the board's decisions.The BAR, a panel that reviews development applications in Leesburg’s historic district, has been accused of over-regulating building in the area.
Leesburg town attorney Jeanette Irby suggested remedies at the town council meeting that could include eliminating the BAR altogether.
Critics of the BAR have pointed to its handling of a patio deck at Hamburg Döner as an example of the BAR over-regulating development.
Hamburg Döner added a patio deck to cover cracked concrete when it moved to 201 Royal St. and took over the landmark Mighty Midget kitchen in late January.
Nicole Marschall, owner of the German sandwich shop, said she did not know the restaurant needed BAR approval to build a wooden deck over the cracked concrete.
The BAR sent property owner Gordon MacDowell a notice saying the deck material (made out of 90 percent recycled materials) did not meet the town's zoning ordinances, and in April, Marschall applied for an special exception permit of the deck and its material.
Since then, a decision on the deck has been deferred twice during the BAR's monthly meetings. Hamburg Döner is due before the BAR again in June, according to the town.
The restaurant has a permit to continue operating at the site.
“They are in operation but they are not in the full operation that they would like to be,” said Town Manager John Wells.
Irby, the Leesburg attorney, has sat in on BAR meetings during the last few months, reviewing the board's procedures. She presented the council with four options to remedy these concerns during the May 27 town council work session before the meeting.
Option A called for eliminating the BAR and having the town council review and act on all applications in the historic corridor.
Option B would make the BAR an advisory panel that would report its recommendations to the town council, which would act on the applications.
Option C would change the standard for appealing BAR decisions.
Or, Irby said, the town council could decide to leave things as they are -- option D.
“Options A and B are non-starters for me,” said Councilman Kevin Wright. “I think it would be better that we have one set of rules.
“Truly if there is a rub against the BAR, it's against us because we came up with the guidelines,” he said.
Wright said the BAR was only following the zoning regulations developed by past and present Leesburg town councils.
Councilman Ken Reid agreed with Wright that A and B were not good options.
“I don't think the council should be in the business of reviewing all those applications,” he said, adding that it would only increase the council's heavy workload.
Reid said in the case of Hamburg Döner, the property owner was at fault for not notifying the restaurant owner that BAR approval was needed.
“If a developer gets caught doing something they are not allowed to because their landlord didn't tell them not to, they get taken to the cleaners by the BAR,” he said.
Councilwoman Katie Hammler said the town needs to expedite efforts to complete its revisions of the development guidelines so the rules are clear to developers.
The town council is advertising for a public hearing in June before voting on the options proposed by the town attorney.
Contact the reporter at hhobbs@timespapers.com
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