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HomeMy WebLinkAboutminutes.boa.19891109 CITY OF ASPEN BOARD OF ADJUSTMENT NOVEMBER 9. 1989 COUNCIL CHAMBERS A G E N D A I. CALL TO ORDER ROLL CALL II. MINUTES SEPTEMBER 28, 1989 OCTOBER 12, 1989 III. CASE #89-19 PITKIN COUNTY JAIL RECORD OF PROCEEDINGS BOARD OF ADJUSTMENT NOVEMBER 9 1989 Meeting was called to order by Chairman Remo Lavagnino at 4 : 00pm. Answering roll call were Bill Martin, Charlie Paterson, Josephine Mann, Rick Head and Remo Lavagnino. Anne Austin and Ron Erickson were excused. MINUTES SEPTEMBER 28 & OCTOBER 12, 1989 Charlie made a motion to accept minutes of September 28 and October 12 , 1989 . Rick seconded the motion with all in favor. CASE #89-19 PITKIN COUNTY JAIL Remo read into record request for variance. Affidavit of posting was presented. Bob Braudis, Pitkin County Sheriff: Introduced Bud Eyler, County Public Works Director, and Dave Webster, architect, from Caudill Gustafson Ross. We built the new jail about 5 years ago and tried to incorporate a gymnasium with a sliding roof so we could handle physical activities in fresh air. Throughout the design process we made a lot of changes and we soon realized the sliding roof .on the gym, the ceiling was very expensive and we were told that in this climate, snow and ice would clog the rails. We had an example out at the Aspen Club over their pool. So we built the jail with a gymnasium but no facility to provide the outdoor, fresh air, sunshine experience. We have been taking prisoners out in small groups of 2 or 3 with hand cuffs and leg irons on the lawn. As our population has increased to actually exceed our capacity, that has fallen off the plate. We have had prisoners spend nearly a year in jail without being outside. This is an outdoor fresh air facility--very inexpensive that we are trying to build on the south side of the jail. For security reasons it has to have fencing and a ceiling of some sort. And Dave has spent a lot of time designing an outdoor, fresh air place with a chain link fence as one of the materials. And we are here to ask for a variance from the City Land Use Code to construct this. It will measure 11X30 adjacent to our parking lot and abutting the south wall of the jail. It will be attached to the bricks and come out lift. Remo: Is this supposed to be completely fenced on top too? Closed on top to the fencing? What is the purpose of that? Braudis: So the prisoners can't climb out. BAM11.9 . 89 Remo: Don't they have those barb wire things. Braudis: I don't like barbed wire. And I don't like razor wire. What we are doing is providing not a Fort Knox approach to it-- but a barrier that will allow the staff to get mobilized against someone who is trying to get out. Josephine: How high then is it? Charlie: 9 feet with a 5--12 pitch. Another 4ft 6in so you have got 13ft Tin at the highest point. Rick: Is there some reason why you have chosen that kind of fencing? Webster: There is a problem with anything I could conceive of made out of wrought iron except something that just has squares. The hole openings in the chain link fence--somebody could throw a gun between wrought iron bars. It is 6 gage instead of 9 so it is slightly thicker. But it won't look any different. We are going to paint it so it will be the same color as the roof. Remo: This is accessing a public--in other words right on the other side of the fence the public can look in? Is there any buffer zone? Or is there any places that they are not supposed to be? Braudis: There is a very semi-public parking lot there for police cars. And the western aspect will be totally blocked by our brick garage which is already there. And with the parking structure, people won't be able to see it from there. On the other side there is a recessed driveway that has very little visibility. People in the Courthouse looking to the north will be able to look down on it. Remo: But legally they are allowed to stay on the other side of the fence and look in at the prisoners? Braudis: That is a procedural thing. The prisoners are not going to be out there without an officer present inside the enclosure. Security is going to be greatly enhanced with this addition to the building as regards taking prisoners outside. Remo: I talked with the City Attorney to find out if someone who is dealing with the public might have some special preference in our deliberations. For instance if a private citizen in the residential district said they had a dog that scaled a 6ft fence, would that be reason enough for them to come before us and say they want a 12ft fence so the dog doesn't escape. 2 BAM11. 9.89 My position on that would be no, chain the dog. And by the same token if you want a parallel you could say shackle the prisoners to keep them in tow. But the deciding difference was that we have a lot of residences and we have only one jail and that sets it apart and makes it a unique situation in itself and that is what we deal with. That is where we have a situation that is unique to the community that other residents don't have to conform to. So in that sense I think we do have a unique situation here. My only concern was then not the height so much but the material. And chain link fence is the most, I think the worst kind of material to use. But I didn't really understand the nature of the security in passing through contraband--I would have said why not do wrought iron. And from what I gathered from your presentation that it was a financial consideration and not so much a security consideration and in that case we don't care about that. My concern was of prisoners escaping, not of contraband being brought in through the bars. Braudis: Both of those are concerns. One of the reasons for chain link is that it absorbs little sun and will block as little wind as any construction material . We don't want a brick wall so that when they are out there they don't get wind. I think chain link is the most porous material. Dave designed the jail and he has designed I think a pretty functional and architecturally sensitive--all it is is a dog kennel for humans. I don't know if there is another material that fits your code that would fit our needs. Drueding, Zoning Dept: We just have got a situation where the cemetery put a chain link fence around that was not visible from the public ROW but it was up against residential homes and we are still getting flack from that. Remo: But the code says "From the public ROW" . Drueding: That is why we decided to come before you. The big difference here is that was all residential and this is service, commercial, industrial. This is for the parking garage so it is not going to be seen by residents or be backed up to them. It is all public land. And we have no problem with chain link fence there. There were no letters from the public. Martin: The entrance way is from the jail? 3 BAM11. 9 . 89 Braudis: It will be from the jail directly. There is a garage that we will cut a door in that so they can be taken from the residential area into this garage and out into the kennel area. There is no outside access. The question on the fire code on whether we had to have 2 entrances and exits--I guess we didn't need them because it is an outdoor area. Remo then closed the public portion of the meeting. Rick: I am in favor. In listening to the discussion I can see that this is probably the most appropriate material to be used and I am in favor of granting this variance. Josephine: I also am in favor of granting the variance. This is one of the few times when we have a situation where it is a unique situation and the code doesn't really fit. So I think if a lot of citizens go in there to look at it, they would be glad that it is secure. I am in favor of the variance. Martin: I support it. I think they need it. Remo: The variance that we are granting is for height and the material used for the fencing. But I think probably other factors are involved that are probably more important to our consideration than being on a public street. Charlie: I have no problems with that. It is a minimum request and I think it is a well thought out design and use of materials. I would be in favor of it. Remo: I am satisfied that all of my questions were answered. I am in favor of granting the variance. MOTION: Rick: I move to approve Case #89-19 . Charlie seconded the motion. Roll call vote: Bill Martin, yes, Charlie Paterson, yes, Josephine Mann, yes, Rick Head, yes, Remo Lavagnino, yes. Charlie moved to adjourn the meeting. Rick seconded the motion with al in favor. Jan i e M. Ca y, City D uty Clerk 4 NOTICE OF PUBLIC HEARING CASE #89-19 PITKIN COUNTY JAIL BEFORE THE CITY OF ASPEN BOARD OF ADJUSTMENT TO ALL PROPERTY OWNERS AFFECTED BY THE REQUESTED ZONING OR USE VARIANCE DESCRIBED BELOW: Pursuant to the Official Code of Aspen of June 25, 1962, as amended, a public hearing will be held in the Council Room, City Hall, Aspen, Colorado, (or at such other place as the meeting may be then adjourned) to consider an application filed with the said Board of Adjustment requesting authority for variance from the provisions of the Zoning Ordinance, Chapter 24, Official Code of Aspen. All persons affected by the proposed variance are invited to appear and state their views, protests or objections. If you cannot appear personally at such meeting, you are urged to state your views by letter, particularly if you have objection to such variance , as the Board of Adjustment will give serious consideration to the opinions of surrounding property owners and others affected in deciding whether to grant or deny the request for variance. Particulars of the hearing and requested variance are as follows: Date and Time of Meeting: Date: November 9, 1989 Time: 4 : 00 p.m. Owner for Variance: Appellant for Variance: Name: Pitkin County Jail Caudill Gustafson Ross Address: 506 East Main St. Dave Webster Location or description of property: Location: Lot 6 Block 19 East Aspen Addition of Court House Variance Requested: Fences visible from the public right-of-way shall be constructed of wood, stone, wrought iron or masonry. And be no higher than 6ft above grade. (Definitions Article 3 Aspen Land Use Code) Applicant appears to be requesting to build a chain link fence that will also exceed the 6ft height maximum. Will applicant be represented by counsel: Yes: No: X The City of Aspen Board of Adjustment 130 South Galena Street, Aspen, Colorado 81611 Remo Lavagnino, Chairman Jan Carney Deputy City Clerk County of Pitkin } AFFIDAVIT OF NOTICE BY POSTING }ss. OF A VARIANCE HEARING BEFORE State of Colorado } THE CITY OF ASPEN BOARD OF ADJUSTMENT (Pursuant to Section 6-205(E) (b) of the Municipal Code The undersigned, being first duly sworn, deposes and says as follows: I. L�C�L 2 being or representing an Applicant before the City of Aspen Board of Adjustment, personally certify that the attached photograph fairly and accurately represents the sign posted as Notice of the variance hearing on this matter in a conspicuous place on the subject property (as it could be seen from the nearest public way) and that the said sign was posted and visible continuously from the day of �/; y l'�-� , 19�, to the day of (JC '` 19<. (Must be posted for at least ten (10) full days before the hearing date) . Applicant's Signature Subscribed and swor /to before me this / S day of 19 by _- k - T. K WITN Y HAND AND OFFICIAL SEAL. Commis 'on a 'res• l ``IVo ary Public's S ignat e Address