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Land Use Case.101 E Cooper Ave.0024.2016.ASLU
0024 2016.ASLU 101 E COOPER CALCS AND MEASURES Sca•%e $ittt -C ON �� si Jeffrey Halferty PO Box 3725 Aspen, Colorado 81612 970.948.4537 jhdesign@sopris.net jeffreyhalfertydesign@gmail.com jeffreyhalfertydesign.com f f r e y H a I f e r t y Design PATH: G/DRIVE / M TER FILES/ADMINISTRATIVE/ADNIIN/LAND USE CASE DOCUMENTS Ell THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0024.2016.ASLU PARCEL ID NUMBERS 2735 13 133 002 PROJECT ADDRESS 101 E.000PER PLANNER JUSTIN BARKER CASE DESCRIPTION CALCS AND MEASURES REPRESENTATIVE JEFFREY HALFERTY DATE OF FINAL ACTION 04.27.2016 CLOSED BY KARLA HENRICHON 7.19.16 _I File Edit Record Navigate Form Reports Format Tab Help J ►X ► . ►" rJ . f J I I li_ lump 1- ■ 51 9 - 0 A A _-J, ¢ . Main Custom Fields Routing Status Fee Summary Actions Routing History - - C Permit type Aspen Land Use Permit # 0024.2016.ASLU Address 101 E COOPER Apt/Suite 0 City ASPEN State CO Zip 81611 x Permit Information s S. Master permit Routing queue aslu15 Applied 03/28/2016 71- 0o Project Status pending Approved Description ADDITION OF HEATINGIAC UNIT ON BALCONY Submitted JEFF HALFERTY 970-948-4537 Clock Running Days Submitted via Owner Last name FEINBERG First name DAUR AND HELEN Phone ( ) Address Applicant W Owner is applicant? ❑ Contractor is applicant? Last name FEINBERG First name DAUB AND HELEN Phone ( ) Cust # 30306 I Address Email Issued Closed/Final 0 Expires 03/23/2017 Lender Last name First name Phone ( ) Address AspenGold5 (server) debrap - 1 of 1 ADMINISTRATIVE DETERMINATION DENIAL OF AN ADMINISTRATIVE EXCEPTION FOR THE LOCATION OF A PROPOSED AIR CONDITIONING APPLICANT ON THE PROPERTY LEGALLY DESCRIBED AS ASPEN WILD SUBDIVISION UNIT 303, COMMONLY KNOWN AS 101 EAST COOPER AVE UNIT 303, CITY OF ASPEN, COUNTY OF PITKIN, COLORADO. Parcel ID No. 273513133002 APPLICANT: Helen Hugh Feinberg SUBJECT & SITE OF APPROVAL: 101 E. Cooper Ave., aka Aspen Wild Condominiums, involving the request for an administrative exemption to allow a heating and cooling compressor unit to be placed on a street -facing fagade of a multi -family building. This is an administrative review. SUMMARY: The applicant has requested approval to place an air conditioning unit on the third story balcony of Unit 303. The applicant has indicated that the Aspen Wild HOA requires second and third story units to locate their air conditioning appliances on insulated, shock proof pads on the balcony. The balcony of this unit faces S. Garmisch Street. Subsection 26.575.020.E.5(n)(a) of the Land Use Code prohibits air conditioning and similar mechanical equipment from being located between any lot line adjacent to a street and any structure. An exemption from this section of Code may be granted by the Community Development Director if it is determined that "the visual impact of the exemption is minimal and that no other reasonable option exists. Approval shall be in the form of a recordable administrative determination." (Subsection 26.575.020.E.5). STAFF EVALUATION: To grant an exception to the above Code subsection the Community Development Director must determine that the visual impact of the exemption is minimal and that no other reasonable option exists. The standard does not allow for the granting of an exemption for convenience, cost reasons, or for instances where the HOA rules conflict with Code requirements. Staff has reviewed the request and finds that there are other reasonable options to locate the equipment, such as the rooftop or along the alley side of the building. Furthermore, Staff cannot make the determination that the visual impact of the unit on the balcony is minimal. DECISION: Staff finds the application not meet the criteria for an administrative exemption to locate the proposed air conditioning unit between a building's fagade and a street, and DENIES the applicant's request. a APPEAL OF DECISION: Any person with a right to appeal an adverse decision or determination shall initiate an appeal by filing a notice of appeal on a form prescribed by the Community Development Director. The notice of appeal shall be filed with the Community Development Director and with the City office or department rendering the decision or determination within fourteen (14) days of the date of the decision or determination being appealed. Failure to file such notice of appeal within the prescribed time shall constitute a waiver of any rights under this Title to appeal any decision or determination. Appeals of determinations are heard by the City's Hearing Officer. DECISION RENDERED BY: �61� JeFsica GarrtDiopment unity Director Attachments: Exhibit A — Application (in file) Jtte'ir it P120)(0 Da of a F?(h IT f � Helen Hough Feinberg 404 Pass -a -Grille Way St. Petersburg, FL 33706 Tel: (727) 452-4554 helen.feinberg@rbccm.com February 29, 2016 Justin Barker Senior Planner Community Development Department City of Aspen 130 S. Galena St. Aspen, CO 81611 Dear Mr. Barker, The purpose of this letter is to request authorization to place a Mistsubishi heating and cooling unit compressor on the balcony of our unit at Aspen Wild Condominium located at 101 East Cooper Avenue, # 303. The current design code for the City of Aspen allows mechanical equipment to be placed on balconies as long as they do not face a street. Therefore 6 of the 9 unit owners at Aspen Wild may place units on their balconies, however, the 3 units with balconies facing the street are currently prohibited from doing so unless an exception is provided by the director of Community Development. I understand that the City of Aspen recently amended the design code (Section 18 5. Allowed Projections into Setbacks (n)) to allow equipment in street facing yards as long as it is properly screened, however, the amendment does not address balconies. Therefore, I would like to request an exception based on the following: Condo Board Approval: Our condo association adopted a policy on heating/cooling units and approved my request to install a unit. The Aspen Wild Condominium Association policy on heating/cooling units specifically only authorizes units to be place on balconies. In particular, the board is strongly opposed to placement of any units on the roof because of recent problems with leaks which cost thousands of dollars. In addition, accumulation of snow on the flat roof will compromise the heating system in the winter. Limited Options: The only viable location where I can place my unit is on the balcony. In addition, this happens to be the location where there will be the least aesthetic impact on the building. Our balcony is on the shady side of the building and is masked by the railing and a very tall evergreen tree as well as other trees. Under current design code, I could mount the unit on the back of the building, however, placement in this location would have a far greater negative visual impact on the building than placing the unit on my balcony where it is camouflaged. Because the back of our building has significant light, no trees and is the most architecturally pleasing and visible side of the building, the condominium association board would not allow placement in this location. Furthermore, the unit would be much more visible from Garmisch Street, the sidewalk and the park across the street if it were placed on the back of the building. Conversely, if the unit is placed on my balcony, it really is not visible from these locations. a • Minimal Visual Impact: The unit is quite small with a height of 34", depth of 13" and width of 33". When placed on a 4" mount and wrapped with a louvered panel, the unit will be slightly lower than the 44" railing. The louvered screen or unit will be painted a color similar to the building, therefore the unit should not be noticeable from the street. Furthermore, the trees along our building will make it difficult to view the balconies from the street. Promote Energy Efficiency: Lastly, this type of smaller heating/cooling units is far more energy efficient than baseboard heaters which we currently use. I would greatly appreciate it if the Community Development Director would grant an exception and allow me to place a Mitsubishi unit on my balcony so that I may install this energy efficient heating/cooling unit. Included in my package are the specifications for the heating and cooling unit which shows the dimensions. If you have any questions, please call me at (727) 452-4554. Many thanks for your consideration. Sincerely, ' � n Helen Hough Feinberg a oik' . 4 '14 rot- r"1 E-1 49 Photo of AC/Heating unit mounted on back of building. Photo shop does not indicate where the pipes wrapped with a chase would be placed. They would need to travel along the front of the building. Because the unit is so visible, Home Owner Association would not approve. so a View ofbalconies and back ofbuilding from GannischStreet. This view indicates how visible the back of the building isand how itisdifficult tosee balconies. Homeowner Association Compliance Policy All land use applications within the City of Aspen are required to include a Homeowner Association Compliance Form (this form) certifying the scope of work included in the land use application complies with all applicable covenants and homeowner association policies. The certification must be signed by the property owner or Attorney representing the property owner. Property Name: 4-6evn 4W h Fetnloe 67,:�7)�5a Owner C17 Email: Phone No.: Address of S pen 2 Property: �D (r 6Q5} (00e2y- AiJenuO -450 (subject of application) LO g I certify as follows: (pick one) ❑ This property is not subject to a homeowners association or other form of private covenant_ ❑ This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application do not require approval by the homeowners association or covenant beneficiary. This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application have been approved by the homeowners association or covenant beneficiary. Evidence of approval is attached_ I understand this policy and I understand the City of Aspen does not interpret, enforce, or manage the applicability, meaning or effect of private covenants or homeowner association rules or bylaws. I understand that this document is a public dpcument. Owner signature: C� dated, Owner printed name: `e'n Po(n FU QT., Attorney signature: Attorney printed name: date._ • 6b.�' Feinberg, Helen From: Carruthers, Marilyn <Marilyn.Carruthers@stregis.com> Sent: Wednesday,August 05, 2015 11:38 AM To: Feinberg, Helen; Ghislaine Rey Cc: Ron Erickson (ron@aspenreservations.net); Marilyn Carruthers - Aspen Wild (mcarruthersl2@icloud.com) Subject: RE: Aspen Wild Air Conditioning Request Dear Helen, approve also. Marilvn Cartlthel'S RESIDENCE CLUB CONCIERGE, TI IF, ST. REGIS ASPEN RESORT, 315 E. DEAN STIZEIE F, ASPEN, CO 81611 T 970-4Z9.969.5 I' 970.429-9509 STREGISASPEN.COM G 413 1% THE ST. REGIS ASPEN RESORT MAJESTIC SPIRIT OF THE ROCKIES From: Feinberg, Helen[mailto:helen.feinberQ(-aarbccm.com] Sent: Monday, August 03, 2015 3:21 PM To: Ghislaine Rey Cc: Ron Erickson (ron(&aspenreservations.net); Carruthers, Marilyn; Marilyn Carruthers - Aspen Wild (mcarruthers 12Ca1 icloud.com ) Subject: RE: Aspen Wild Air Conditioning Request Many thanks Ghislaine Helen Hough Feinberg Managing Director RBC Capital Markets (727) 895-8892 From: Ghislaine Rey [mailto:ghrey@wanadoo.fr] Sent: Monday,August 03, 2015 5:13 PM To: Feinberg, Helen Cc: Ron Erickson (ron Oaspen reservations. net); Marilyn Carruthers(marilyn.carruthers@stregis.com); Marilyn Carruthers - Aspen Wild (mcarruthers1261icloud.com) Subject: Re: Aspen Wild Air Conditioning Request Helen, i approve your request of installing a Mitsubishi heating and cooling system in your unit, as described. Best regards, Ghislaine Rey Le 3 aout 2015 A 07:45, Feinberg, Helen a ecrit Greetings Ron and Aspen Wild Board Attached please find my letter requesting board approval to allow me to install the attached Mitsubishi heating and cooling unit in my apartment #303 at Aspen Wild. I believe I have reflected the language set forth in the Air Conditioning policy in my request letter. Please let me know if you have any questions or need any additional information. Many thanks — Regards, Helen Feinberg Helen Hough Feinberg Managing Director RBC Capital Markets 1002 Avenue South, Suite 800 St. Petersburg, FL 33701 (727) 895-8892 Office (727 452-4554 Cell This E-Mail (including any attachments) may contain privileged or confidential information. It is intended only for the addressee(s) indicated above. The sender does not waive any of its rights, privileges or other protections respecting this information. 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IRS CIRCULAR 230 NOTICE: TO COMPLY WITH U.S. TREASURY REGULATIONS, WE ADVISE YOU THAT ANY U.S. FEDERAL TAX ADVICE INCLUDED IN THIS COMMUNICATION IS NOT INTENDED OR WRITTEN TO BE USED, AND CANNOT BE USED, TO AVOID ANY U.S. FEDERAL TAX PENALTIES OR TO PROMOTE, MARKET. OR RECOMMEND TO ANOTHER PARTY ANY TRANSACTION OR MATTER. This electronic message transmission contains information from the Company that may be proprietary, confidential and/or privileged. The infonnation is intended only for the use of the individual(s) or entity named above. If you are not the intended recipient, be aware that any disclosure, copying or distribution or use of the contents of this information is prohibited. If you have received this electronic transmission in error, please notify the sender immediately by replying to the address listed in the "From:" field. • August 2, 2015 Aspen Wild Board C/O Ron Erickson 600 East Hopkins Ave. #203 Aspen, CO 81611 Helen Hough Feinberg 404 Pass -a -Grille Way St. Petersburg, FL 33706 Tel: (727) 452-4554 helen. feinberg@rbccm.com RE: Request for approval to install Mitsubishi Heating and Cooling System Dear Aspen Wild Board, I am writing this letter to ask that the Aspen Wild board consider approving my request to install a Mitsubishi heating and cooling system model # MUZ-FE18NA in accordance with the recently adopted Aspen Wild air conditioning policy. It is our plan to place the compressor on an insulated, shock proof pad on the balcony outside of our unit #303. The exterior ducting will be enclosed in low visibility conduit and enter the unit at the shortest point from the outside compressor. Climate Control Company of Glenwood Springs will be installing our unit and I have provided them the Aspen Wild air conditioning policy to ensure that we comply with all requirements. It is my understanding that they are a "diamond contractor" indicating the highest level of training in the installation of Mitsubishi heating and cooling units. I understand that a condition to my approval is my agreement to provide indemnification against any damage to the building. Furthermore, I will confirm that Climate Control Company has the requisite licenses and insurance coverage verification for both liability and workmen's compensation for any tradesperson working on this installation. I appreciate the consideration of the board for this request and please let me know if you have any questions or require any additional information. Sincerely, A4�L- *"))bUf Helen Hough Feinberg MITSUBISHI r, Most Efficient to ELECTRIC 2013 COOLING & HEATING .—nergysrd,govIffM-SERIES Job Name. System Reference: Date: Indoor Unit MSZ-FE18NA Wireless Remote Controller Outdoor Unit MUZ-FE 18NA GENERALFEATURES • Highly energy -efficient system with quiet operation • Updated sleek, compact indoor unit design • Includes Nano Platinum and Anti -allergy Enzyme filters • "Powerful Mode" function permits system to temporarily run at a lower/higher temperature with an increased fan speed, which quickly brings the room to the optimum comfort level • Hand-held Wireless Remote Controller • Limited warranty five years parts and seven years compressors ACCESSORIES Outdoor Unit ❑ Base Heater (MAC-642BH-U) ❑ Three -pole Disconnect Switch (TAZ-MS303) ❑ Air Outlet Guide (MAC-886SG-E) ❑ Mounting Base (DSD-400N) ❑ Mounting Pad (ULTRILITE1) ❑ Drain Socket Assembly (MAC-860DS) Indoor Unit Condensate Pump (S13100-230, 23OV) Replacement Anti -allergy Enzyme Filters (MAC-2310FT-E; 2/set) Controller Options ❑ Wireless Wall -mounted Remote Controller Kit (MHK1)* ❑ Portable Central Controller (MCCH1)* ❑ Outdoor Air Sensor (MOS1)* ❑ Wired Wall -mounted Controller (PAR-31 MAA requires MAC-3331F)* ❑ Simple MA Remote Controller (PAC-YT53CRAU requires MAC-3331F)* *See Submittal for information on each option. ❑ System Control Interface (MAC-3331F) ❑ Remote Temperature Sensor (M21-JKO-307) ❑ Lockdown Bracket for Hand-held Controller (RCMKPICB) IN ERJ�R Specifications are subject to change without notice. © 2015 Mitsubishi Electric US, Inc. Cooling' Rated Capacity...............................18,000 Btu/h Minimum to Maximum Capacity Range ... ...8,200 - 25,200 Btu/h SEER ...... . ............................. . 20.2 Btu/h/W EER ..................................... 14.2 Btu/h/W Total Rated Input ......... ............... ....... ..1,270 W Heating at 47° F' Rated Capacity ....... ........................ 21,600 Btu/h Minimum to Maximum Capacity Range ......7,500 - 29,700 Btu/h HSPF......................................10.3 Btu/h/W COP............................................. 4,11 Total Rated Input ............ ..................... 1,540 W Heating at 17° F' Rated Capacity ........ ....................... 11,700 Btu/h Rated Total Input ................................ 1,240 W COP...... ...................................... 2.77 Maximum Capacity" ................ .......... 21,600 Btu/h Maximum Total Input ............................. 2,620 W Heating at 6° F' Maximum Capacity" ........................ 21,600 Btu/h Rating Conditions per AHRI Standard Cooling Indoor: 80° F (27° C) DB / 67° F (19° C) WB Cooling Outdoor: 95° F (35° C) DB / 75° F (24° C) WB Heating at 47°F Indoor: 70° F (21° C) DB / 60° F (16° C) WB Heating at 47°F Outdoor 47° F (8° C) DB 143° F (6° C) WB Heating at 17° F Indoor 70° F (21° C) DB / 60° F (16° C) WB Heating at 17° F Outdoor: 17° F (-8° C) DB / 15° F (-9° C) WB Heating at 5° F Indoor 70° F (21° C) DB / 60° F (16° C) WB Heating at 5° F Outdoor: 5° F (-15° C) DB / 5° F (-15° C) WB "Maximum Capacity is at full speed and performance for INVERTER -driven System. Electrical Requirements Power Supply. .................. 208 / 230V, 1-Phase, 60 Hz Breaker Size........................................20 A Voltage Indoor - Outdoor S1-S2 ............. ....... AC 208 / 230V Indoor - Outdoor S2-S3 ......................... DC +/- 24V Indoor - Remote Controller. . . .................. MHK1 DC 3V PAR-31MAA DC 12V PAC-YT53CRAU DC 12V OPERATING CONDITIONS Indoor Intake Air Outdoor Intake Air Temp. Temp. Maximum 90° F (32° C) DB 115° F (46° C) DB Cooling 73° F 23° C WB Minimum 67° F (19° C) DB 140 F (-10° C) DB 57° F 14° C WB Maximum 80° F (27° C) DB 75° F (24° C) DB Heating 67° F WB 65° F 18° C WB Minimum 70° F) DB t(21- [ 13° F (-25° C) DB I 60° F WB -15° F -26° Q WB"' System cuts out at -18° F (-28° C) to avoid thermistor error, but recovers from cutout operation and automatically restarts at -13° F (-25°C). Notes: Indoor Unit MCA. . . . . ..... ............. ....... ............ 1 A Blower Motor (ECM) .......... ........ ........ 0.76 F.L.A. Airflow Cooling (Lo - Med - Hi - Powerful) ....388 - 469 - 628 - 738 Dry CFM 347 - 420 - 562 - 661 Wet CFM Heating (Lo - Med - Hi - Powerful) ...388 - 469 - 628 - 738 Dry CFM Sound Pressure Level Cooling (Lo - Med - Hi - Powerful).... .. 34 - 41 - 49 - 53 dB(A) Heating (Lo - Med - Hi - Powerful) ...... 32 - 41 - 49 - 52 dB(A) DIMENSIONS UNIT INCHES / MM W 43-5/16 / 1,116 D 9-3/8 / 238 H 12-13/16 / 325 Weight ....................... .. 37 lbs. / 17 kg Moisture Removal ................... . ............. 2.7 pt./h External Finish ................... ..Munsell No. 1.OY 9.2 / 0.2 Field Drainpipe Size O.D..................... 5/8" / 15.88 mm Outdoor Unit Compressor .................. DC Inverter -driven Twin Rotary MCA..............................................17.1 A Fan Motor (ECM) ............................... 0.93 F.L.A. Sound Pressure Level Cooling.......................................55 dB(A) Heating.......................................55 dB(A) DIMENSIONS INCHES / MM W 33-1/16 + 3-3/16 / 840 + 81 D 13 / 330 H 34-5/8 / 880 Weight...................................119 lbs. / 54 kg External Finish .....................Munsell No. 3.OY 7.8 / 1.1 Refrigerant Type ................................... R410A Refrigerant Pipe Size O.D. Gas Side ................................ 5/8" / 15.88 mm Liquid Side ................................ 3/8" / 6.35 mm Max. Refrigerant Pipe Length. ................. . . . 100' / 30 m Max. Refrigerant Pipe Height Difference ............. 50' / 15 m Connection Method ................................. Flared Specifications are subject to change without notice. ® 2015 Mitsubishi Electnc US, Inc. MSZ-FE18NA MUZ-FE18NA 9 JIB aR 33-1/8 7-105 -W16 3/4 C in] ,�_9116416 t8 REQUIRED SPACE OTus Intertek Unit: inch --T TY 1 e.i.e e ,- 19-314' p�lation 020.0 03/819_11/18 Flared conrtectan 0318line 012 16-15116 Flared connection 051ain lase Insulation 01-1/8 Connected part 05/8 OD' Ser— panel LxNW refriDerant Pipe pmt Refrg—nt pipe (ft—d) a 318 relrgerant J.m Refrigerant pipe (flared) a 5/8 Unit: Inch fftE �Twc"I COOLING & HEATING 1340 Satellite Boulevard Suwanee, GA 30024 Toll Free. 800-4334822 www mehvac com FORM# MSZ-FE18NA/ MUZ-FE18NA- 201503 Specifications are subject to change without notice. 0 2015 Mitsubishi Electric US, Inc. IF - ASPEN WILD CONDOMINIUM ASSOCIATION AIR CONDITIONER INSTALLATION POLICY How To Choose A Room Air Conditioner to comply with ASPEN WILD Regulations.... Choosing an air conditioner involves many considerations —from price point to setup and from noise level to efficiency. To help you learn how to choose an air conditioner that will work in your space and still comply with current HOA requirements, start by being informed of the issues present at Aspen Wild. Please bear in mind that AC units have to have an air duct to the outside (which space, you do not own. Condo owners only own from the walls in. The rest is commons area and is managed by the Homeowners Association.) Therefore for easy understanding to addressing solutions, here is some helpful information 1. HOA Approved Air Conditioning Unit- The homeowners association has taken the path of providing a recommended air conditioning unit and procedures for its installation .See attached a/c unit and specification sheet. These units will allow multiple cooling units within your living area. However, based on the size of the Aspen Wild units, one interior cooling unit should be enough. For units on the first floor, compressors will be located on concrete pads on the east patios adjacent to each unit. For units on the second and third floors, compressors will be placed on an insulated, shock proof pad on the balcony. Exterior ducting will be enclosed in low visibility conduit and enter the unit at the shortest point from the outside compressor. Please note that the attached specification sheet is for an 18,000 BTU/H wall mounted Heat Pump System that provides both cooling and heating. Mitsubishi Electric also makes units that only provide cooling (without heat) and they make smaller units which may be less expensive and sufficient to heat/cool units that don't have vaulted ceilings. % to 2. Cost- It is estimated that the cost of the air conditioning unit and installation will be about $7,000, This does not include costs of installing pads on the outside of the building, interior work or any additional electrical upgrades needed. (There may be a bulk rate reduction depending on number of units to be installed at the same time) 3. Additional Conditions for approval- the board of directors will have to provide an authorization letter prior to installation. You will have to provide the association with a letter of indemnification against any damage to the building; Licenses and insurance coverage verification for both liability and workmen's compensation for any tradesperson working on this installation. Insulation pads under the compressor to protect the deck and add sound insulation on the balconies must be installed in a manner that there will not cause any damage to the common elements 4. Electrical Capacity Your Aspen Wild condo has the traditional 110/120-volt outlets If you need special electrical outlets such as 208/230 -volt for your AC, you may have to upgrade your individual electrical panel and wall outlets to accommodate the higher voltage. Be advised that any electrical outlet you will use for the air conditioner must have a GFI (Ground Fault Indicator) installed in the outlet. 4D 0 CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Justin Barker, 970.429.2797 DATE: 2.25.16 PROJECT: 101 E. Cooper REPRESENTATIVE: Helen Feinberg DESCRIPTION: The subject property is located at 101 E. Cooper Avenue and is zoned RMF, The existing structure is a multi -family residence. The applicant would like to install an AC unit on the balcony of a third -floor unit. The proposed location of the AC unit is between the structure and the lot line adjacent to a street, which is a prohibited location according to Section 26.575.020.E.5(n)(a) of the Land Use Code. The Community Development Director may approve an exception to this prohibition. The Community Development Director must first determine that the visual impact of the exemption is minimal and that no other reasonable option exists. The applicant is requesting an administrative exception from the prohibition. Below is a link to the Land Use Code for your convenience: Land Use Code: http://www,aspenpitkin.com/Departments/Community-DevelopmenVPlanning-and-Zoning/Title-26-Land-Use-Code/ Relevant Land Use Code Section(s): 26.304 Common Development Review Procedures f'*'�"�� D 26.575.020 Calculations and Measurements 26.575.020.E.5 Allowed Projections into Setbacks MAR 17 2016 26.710.090 Residential Multi -Family (RMF) CITY OF ASPEN Review by: Staff for completeness and review. 30A0' Wy r_' rLr P91-N1 Public Hearing: None. Referral Agencies: None. Planning Fees: $325 for 1 billable hour (additional or less billable hours are at $325 per hour). Total Deposit: $325 To apply, submit one copy of the following information: ❑ Completed Land Use Application and signed fee agreement. ❑ Pre -application Conference Summary (this document). ❑ Street address and legal description of the parcel on which development is proposed to occur, consisting of a current (no older than 6 months) certificate from a title insurance company, an ownership and encumbrance report, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. ❑ Applicant's name, address and telephone number in a letter signed by the applicant that states the name, address and telephone number of the representative authorized to act on behalf of the applicant. ❑ HOA Compliance form (Attached), M a ❑ Site improvement survey including topography and vegetation showing the current status, certified by a registered land surveyor, licensed in the state of Colorado. ❑ Scaled drawings of all proposed structure(s) or addition(s) depicting their form, including their height, massing, scale, proportions and roof plan; and the primary features of all elevations. ❑ A written description of the proposal and an explanation of how the proposed development, complies with the review standards and design guidelines relevant to the application. Once the copy is deemed complete by staff, the following items will then need to be submitted: ❑ Total deposit for review of the application. ❑ A digital copy of the application provided in pdf file format. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. dDa Helen Hough Feinberg 404 Pass -a -Grille Way St. Pete Beach, FL 33706 !7) 895-8892 cell: (727) 452-4554 f f c,Qr1}p'IVQ helen.feinberg@rbccm.com Justin Barker, Senior Planner City of Aspen 130 S. Galena Street Aspen, CO 81611 RE: Helen Feinberg Exception Request for 101 East Cooper Avenue, Unit 303 Dear Hillary, The purpose of this letter is to authorize Jeffrey Halferty with Jeffrey Halferty Design to act on my behalf in connection with my request for an exception to the City of Aspen's Design Code (Section 18.5 Allowed Projections into Setbacks (n)). An exception to the requirements is allowed based on the discretion of the Community Development Director. Jeffrey Halferty's contact information is provided below: Address: PO Box 3725 Aspen, CO 81612 Email: jhdesign@sol2ris.net Phone: (970) 948-4537 If you have any questions, please do not hesitate to let Jeff or me know. Sincerely, RBC CAPITAL MARKETS CORPORATON Helen Hough Feinberg Managing Director, Housing Gr Yup M • MEMORANDUM OF OWNERSHIP -ACCOMMODATION NO LIABILITY PITKIN COUNTY TITLE, INC., A DULY LICENSED TITLE INSURANCE AGENT IN THE STATE OF COLORADO. BY EXAMINATION OF THE RECORDS OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO, DISCLOSES THE FOLLOWING: HELEN HOUGH FEINBERG GRANTEE IN THE LAST INSTRUMENT OF CONVEYANCE LEGAL DESCRIPTION CONDOMINIUM UNIT 303, ASPEN WILD CONDOMINIUMS, according to the Condominium Map appearing in the records of the County Clerk and Recorder of Pitkin County, Colorado in Plat Book 6 at Page 110 and as defined and described in that Condominium Declaration for Aspen Wild Condominiums, appearing in such records in Book 334 at Page 767, and the First Amendment thereto appearing in such records in Book 348 at Page 557. RESERVING, HOWEVER, unto the Grantors for the joint lifetimes of the Grantors, and that of the survivor of them after the first of them shall die, a life estate in and to the real property herein conveyed, reserving thereunder the exclusive possession of the same and all income and profits derived therefrom to the Grantors, subject to the obligation of the Grantors to pay all costs, assessments and taxes, assessed against the property during the term thereof. DEED OF TRUST APPARENTLY UNRELEASED NONE LIENS AND JUDGMENTS (AGAINST LAST GRANTEE) APPARENTLY UNRELEASED NONE THIS INFORMATION IS FOR YOUR SOLE USE AND BENEFIT AND IS FURNISHED AS AN ACCOMMODATION, THE INFORMATION HAS BEEN TAKEN FROM THE PUBLIC RECORDS, WITHOUT REFERENCE TO, OR EXAMINATION OF, INSTRUMENTS WHICH PURPORTS TO AFFECT THE REAL PROPERTY. THE INFORMATION IS NEITHER GUARANTEED NOR CERTIFIED, AND IS NOT AN ABSTRACT OF TITLE, OPINION OF TITLE, NOR A GUARANTY OF TITLE, AND OUR LIABILITY IS LIMITED TO THE AMOUNT CHARGED FOR THIS REPORT. EFFECTIVE DATE: FEBRUARY 19, 2016 PITKIN COUNTY TITLE, INC. BY: Authorized Officer JOB NO: ACCOM2732 RECEPTION#: 56717as 3/2010 at 11:58:20 AM, 1 OF 2, R so DF $60.00 Janice Caudill, Pitkin County, CO d� $LbDo GENERAL WARRANTY DEED THIS DEED, made this 16`s day of February, 2010 between WILLIAM R. HOUGH and HAZEL C. HOUGH, ("Grantors"), whose legal address is I Beach Drive SE #1002, St. Petersburg, FL 33701-3908 and HELEN HOUGH FEINBERG ("Grantee") whose legal address is 702 Pass A Grille Way, St. Petersburg, FL 33706-4335, County of PtnP llnS , State of Florida. WITNESSETH, That the Grantors for and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, have granted, bargained, sold and conveyed, and do by these presents grant, bargain, sell, convey and confirm, unto the Grantee, her heirs, personal representatives, grantees and assigns forever, all the real property together with improvements, if any, situate, lying and being in the County of Pitkin, State of Colorado described as follows: Condominium Unit No. 303, ASPEN WILD CONDOMINIUM according to the Condominium Map appearing in the records of the County Clerk and Recorder of Pitkin. County, Colorado, in Map Book 6 at Page 110 and as defined and described in that Condominium Declaration for Aspen Wild Condominiums, appearing in such records in Book 334 at Page 767, and the First Amendment thereto appearing in such records in Book 348 at page 557. Pitkin County, Colorado; RESERVING, HOWEVER, unto the Grantors for the joint lifetimes of the Grantors, and that of the survivor of them after the first of them shall die, a life estate in and to the real property herein conveyed, reserving thereunder the exclusive possession of the same and all income and profits derived therefrom to the Grantors, subject to the obligation of the Grantors to pay all costs, assessments and taxes, assessed against the property during the term thereof,. Also known by street number as: Unit 303, 101 E. Cooper Ave., Aspen, CO 81611 TOGETHER, with all and singular the hereditaments and appurtenances thereto belonging, or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantors, either in law equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD, the said premises above bargained and described, with the appurtenances, unto the Grantee, her heirs, personal representatives and assigns forever. And the Grantors, for themselves, their heirs, personal representatives, successors and assigns, covenant, grant, bargain, and agree to and with the Grantee, her heirs, personal representatives, grantees and assigns, that at the time of the ensealing and delivery of these presents, they are well seized of the premises above conveyed, have good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature whatsoever, except and subject to Real Property taxes for 2010 payable in 2011; and THOSE ITEMS DESCRIBED ON EXHIBIT "A" ATTACHED HERETO AND INCORPORATED BY REFERENCE HEREIN AND THE TERMS AND CONDITIONS THEREOF. The Grantors shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the Grantee, her heirs, personal representatives, grantees and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the Grantor executed this deed on the date set forth above. William R. Hough "Y' a • rL Hazel WHough CITY 0, ,'d FEN XRF-o F,a1e DrifE REP NO. DATI NO, z/o/10 r 37c� i RECEPTION#: 567177 3/2010 at 11:58:20 AM, 2 OF 2,49 Janice K. Vos Caudi itkin County, CO STATE OF I= I to r- COUNTY OF f i Yt t (Q.5 ss. The foregoing instrument was acknowledged before me this 1_ day of -CLIP 2010, by William R. Hough and Hazel C. Hough. WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: [Seal] • IMLEN M EWIN MOL„`;,AMM 11. 20134 Notary Public ACCEPTANCE OF GRANTEE The undersigned, Helen Hough Feinberg, the Grantee of the foregoing General Warranty Deed, hereby accepts the conveyance made thereby by It�ser�ms. Helen Hough Feinberg STATE OF r � o c-t CL, ss. COUNTY OF �� ntA o-S The foregoing instrument was acknowledged before me this day of �u " 2010, by Helen Hough Feinberg, Q WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: [Seal] tiELEN M EWIN I,n' COAGtlSSION M DD897701 Notary Pu lic 1 • CCU THE CITY OF ASPEN Land Use Application Determination of Completeness Date: March 24, 2016 Dear City of Aspen Land Use Review Applicant, We have received your land use application for 101 E. Cooper Ave Calcs & Measures exception) and have reviewed it for completeness. Your Land Use Application is complete: lease submit the following to begin the land use review process. 1) Digital pdf of the application. 2) Review deposit of $325.00. 3) One additional hard copy of the entire application. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. °rI��ED lhan , You. � 4, �� . MAR 2 4 2016 Jennifer P , Deputy Planning irector CITY OF City of Aspen, Community Development Department Y r; For Office Use Only: Mineral Rights Notice Required Yes No GMQS Allotments Yes No Qualifying Applications: New PD Subdivision, or PD (creating more than 1 additional lot) Residential Affordable Housing Commercial E.P.F. Lodging _ s • City of Aspen Request to Install AC/Heating Unit on Balcony of 101 E. Cooper Ave. # 303 Application Table of Contents: 1. Completed Land Use Application and Signed Fee Agreement 2. Pre -application Conference Summary 3. Title Insurance Certificate 4. Representative Authorization Letter 5. Home Owner Association Form and Evidence of Approval 6. Survey 7. Drawings/Elevations 8. Proposal Letter D4� D MAR 1 201 CITY 0 ` c Pip EN1 cow, ATTACHMENT 2—LAND USE APPLICATION n_ PROJECT: Name: n ouqh Ee i J rnio I C; Location: r Ave :W-30 Indicate street address, l t & block number, legal description where appropriate) . -- Parcel ID # (REQUIRED) i T1 APPLICANT: f-ee "re[ Jame: \ddress ` n, (I e Li' ^ L J 'hone #: ?`a`7— �I Sa -g559 REPRESENTATIVE: Name:nesion Address: 3 7aS kt, 0 g Phone #: Gl 0— 9 `r g- Lft 3 TYPE OF APPLICATION: (please check all that apply): ❑ GMQS Exemption ❑ Conceptual PUD ❑ Temporary Use ❑ GMQS Allotment ❑ Final PUD (& PUD Amendment) ❑ Text/Map Amendment ❑ Special Review ❑ Subdivision ❑ Conceptual SPA ❑ ESA - 8040 Greenline, Stream ❑ Subdivision Exemption (includes ❑ Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane ❑ Commercial Design Review ❑ Lot Split ❑ Small Lodge Conversion/ Expansion ❑ Residential Design Variance ❑ Lot Line Adjustment Other: ❑ Conditional Use EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) Ccr,doM n%U(r PROPOSAL: (description of proposed buildi etc. by hrrrs C (a% -Fa CLLn Lto i �_ J f Pyou attacNed the following? FEES DUE: S � 000 O-e poS� �- Pre -Application Conference Summary Attachment #1, Signed Fee Agreement ❑ Response to Attachment #3, Dimensional Requirements Form ❑ Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards ❑ 3-D Model for large project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre -application conference summary will indicate if you must submit a 3-D model. • CITY OF ASPEN LVI Permit Receipt THE CITY OF ASPEN RECEIPT NUMBER 00040391 Account Number:30306 Applicant: DAUR AND HELEN FEINBERG Type: check # 4056 Permit Number Fee Description Date: 3/28/2016 Amount 0024.2016.ASLU Planning Admin Flat Fees 325.00 Total: $325.00 Agreement to Pay Application Fees An agreement between the City of Aspen ("City") and Property Helen Hough Feinberg Owner ("I"): Address of 101 East Cooper Ave # 303 Property: Aspen CO 81611 (subject of p application) Phone No.: 727-452-4554; helen.feinberg@rbccm.odm — Email: ry cm Billing +~ oa Address: 404 Pass -a -Grille Way (send bills here) St. Pete Beach, FL 33706 I understand that the City has adopted, via Ordinance No. , Series of 2011, review fees for Land Use applications and the payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. $.0 flat fee for Select Dept $ 0 flat fee for Select Dept $ 0 flat fee for Select Dept $ 0 flat fee for Select Review For deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. I understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review, and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy including consequences for non-payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render an application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. $ 325 deposit for 1 hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325 per hour. $ 0 deposit for 0 hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $275 per hour. City of Aspen: Chris Bendon Community Development Director Property Owner: Name: Helen Hough einberg City Use: Title: Aspen Wild Condominium Owner Fees Due: $ 325 Received: $ ,a