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HomeMy WebLinkAboutcoa.lu.ca.101 E Cooper Ave.0055.2016.ASLU0055.2016.ASLU 101 E COOPER AVE APPEAL 2735131 338 01 cl C�� CA PATH: G/DRIVE / A I —ER FILES/ADMINISTRATIVE/ADMIN/LANDUSE CASE DOCS IL�J THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0055.2016.ASLU PARCEL ID NUMBERS 2735 131 338 01 PROJECT ADDRESS 101 E COOPER AVE PLANNER SARA NALDONY CASE DESCRIPTION APPEAL REPRESENTATIVE HELEN HOUGH FEINBERG DATE OF FINAL ACTION 02.22.2017 CLOSED BY AVALON GUARINO 02.22.2017 r � �i2F-131-33`6 -0� �" ' - od SS • Go[(�. ALL{ permits file Edit Record Navigate Form Reports Format Tab Help 'X ' ►� -; r ;Jtj• YJump: �� B x ' Permit Information " T. Master permit I I Routing queue asluta Applied OF'05201r n z Project stabrs Winding Approved m Description APPLICATION FOR AtI APPEAL A.T 101 Y; COOPER • STAFF 111E A ND HEARING Issued OFFICER TIME Closed/Final Submitted JHELEN HOUGH FEIN6ERG Clods Running Days F70, Epires OF'012011 Submitted via Owner Last name IFEINBERG First name DAUR AND HELEN Ftione i l Address IApplicant Fj Owner is applicant? 'i] Contractor is applicant? Las: name FEIN6ERG Frstname DAURAtIDHELEN Ftione () Cust r 3030' Address Email Lender Last name First name Fhcne Address AspenGold5(server angelas,M)of1 C�lG� 3qqi� C1�,4.,.1- • 0 MEMORANDUM TO: The Honorable Brooke Peterson, Hearing Officer FROM: Sara Nadolny, Planner THRU: Jessica Garrow, Community Development Director RE: 101 E. Cooper Ave. —Appeal of Land Use Code Interpretation DATE: July 21, 2016 APPLICANT/APPELLANT: Helen Hough Feinberg LOCATION: 101 E. Cooper Ave., a.k.a. Aspen Wild Condominiums, Unit #303 CURRENT ZONING: Residential Multi -family (R/MF) SUMMARY: The Applicant is seeking an appeal of a Land Use Code Interpretation issued by the Community Development Director pertaining to the placement of an air conditioning unit between the multi -family residential structure and the street. STAFF RECOMMENDATION: Staff recommends the Hearing Officer affirm the Administrative Determination issued by Staff on April 27, 2016. LAND USE REQUESTS AND REVIEW PROCEDURES: The Applicant requests the following reviews: Location map of property. Star indicates subject site. • Appeal — (26.316) of an Administrative Determination issued by the Community Development Director pertaining to the applicant's request to locate an air conditioning unit between a lot line adjacent to a street and a structure. BACKGROUND: The Applicant requested approval for an air conditioning unit to be located on the third story balcony of Aspen Wild Condominiums Unit 303. 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 Code section 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." Per the Administrative 101 E. Cooper Appeal Page 1 of 3 Determination (Exhibit A), the Community Development Director was not able to determine that the visual impact of the proposed equipment would be minimal, nor could it be determined that the balcony is the only reasonable place where this unit could be located. APPEAL CRITERIA' Section 26.316.030.E of the Code provides the following review standards for appeals. "Standard of review. Unless otherwise specifically stated in this Title, the decision -making body authorized to hear the appeal shall decide the appeal based solely upon the record established by the body from which the appeal is taken. A decision or determination shall be not be reversed or modified unless there is a finding that there was a denial of due process or the administrative body has exceeded its iurisdiction or abused its discretion." [emphasis added] The Land Use Code does not define the terms: "a denial of due process", "exceeded its jurisdiction," or "abused its discretion." Court cases, however, have helped define these terms as follows and may be used by the Hearing Officer in its deliberation of the appeal: A denial of due process may be found if some procedural irregularity is determined to have occurred that affected a significant right of the appellant, or the administrative body otherwise acted in violation of the appellant's constitutional or statutory rights. Ad Hoc Executive Committee of Medical Staff of Memorial Hospital v Runyan, 716 P. 2d 465 (Colo. 1986.) A decision may be considered to be an abuse of discretion if the "decision of the administrative body is so devoid of evidentiary support that it can only be explained as an arbitrary and capricious exercise of authority." Ross v Fire and Police Pension Assn., 713 P.2d 1304 (Colo. 1986); Marker v Colorado Springs, 336 P.2d 305 (Colo. 1959). A decision may be considered to be in excess of jurisdiction if the decision being appealed from "is grounded in a misconstruction or misapplication of the law," City of Colorado Springs v Givan, 897 P.2d 753 (Colo. 1995); or, the decision being appealed from was not within the authority of the administrative body to make. City of Colorado Springs v SecureCare Self Storage, Inc., 10 P.3d 1244 (Colo. 2000). Staff Comment: 1. The Record — In this instance, the record consists of the Administrative Determination attached as Exhibit A, the letter of appeal attached as Exhibit B, Exhibit C which contains proof of notice, and Exhibit D which contains the application. 2. Due Process — The applicant requested a pre -application conference summary and then applied for a land use determination to allow an air conditioning unit to be placed on the upper story balcony of Unit 303, requesting that the Community Development Director find the visual impact of the equipment to be minimal and that there is no other reasonable area to locate it. It does not appear that the appellant is claiming a failure of due process. Staff believes due process was provided to the applicant. With regard to the appeal, notice has been provided as required. The appellant and her representative were informed of the appeal hearing via Certified Mail in the letter attached as Exhibit C. 101 E. Cooper Ave Appeal Page 2 of 3 3. Discretion — Discretion was required in rendering the decision of the determination. The question is whether the Director abused that discretion. The Director relied on graphic and written information provided by the applicant as well as the standard associated with requirements for heating and air conditioning equipment codified in the City's Land Use Code at subsection 26.575.020.E.5(n)(a). The Code prohibits heating and air conditioning equipment and similar mechanical equipment between any lot line adjacent to a street and any structure, requires the equipment to be located at least double the minimum setback for a primary structure from any lot line adjacent to the street, requires the equipment to be screened in accordance with subsection 26.575.050, Fences, if visible from the street, and prohibits the equipment from exceeding 30" above or below finished grade if located within setback not adjacent to a street. These criteria are cumulative; in that all must be met (as applicable) rather than just one of the criterion. Although the appellant has offered to screen the mechanical equipment on the balcony, the proposed location does not meet the first criteria The appellant solicited a referral from a private engineer, who has indicated the proposed location of the air conditioning unit on the balcony to be "the least intrusive and least expensive modification to the existing structure..." The engineer did not state, and the Community Development Director could not find, that this was the only reasonable location for the desired a/c unit. Staff tends to approach these sorts of tasks with a very pragmatic and realistic administration of development limitations. The Land Use Code does not predict every type of circumstance. City staff believes the decision was based on applicable and reasonable evidence and the Community Development Director applied reasonable discretion. The Community Development Director does not grant exemptions based on convenience, cost reasons, or for instances where the HOA rules are in conflict with the requirements of the Code. 4. Jurisdiction — The jurisdiction, authorities and duties of the Community Development Department the Community Development Director are codified in Chapter 26.210 of the Land Use Code. Administration and enforcement of the Land Use Code (Title 26) and the administration and enforcement of building permits is assigned. STAFF RECOMMENDATION: Staff recommends the Hearing Officer affirm the Administrative Determination rendered by Staff on April 27, 2016. It is the position of the Community Development Director that staff acted within their jurisdiction, used reasonable discretion, and respected the due process rights of the applicant, and that the appeal request does not meet the standards to grant an appeal. EXHIBITS: A. Administrative Determination B. Letter of Appeal C. Notice D. Application 101 E. Cooper Ave Appeal Page 3 of 3 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. Gaimisch 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. 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: Jelsica Garro* \Community E lopment Director Attachments: Exhibit A — Application (in file) J, ko Z010 Date • � EX4iib�. f� Justin Barker Senior Planner Community Development Department City of Aspen 130 S. Galena St. Aspen, CO 81611 Dear Mr. Barker, Helen Hough Feinberg 404 Pass -a -Grille Way St. Petersburg, FL 33706 Tel: (727) 452-4554 helen.feinberg@rbccm.com February 29, 2016 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 arc 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. • 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. 1 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, >1k Helen Hough Feinberg d5 + cz 1 Ei > , �T7 ! � 1 .' i e;' • LAY{ ; fi � r ^ i �• �':, t �-' 1 t r t4 �\ r�s �� \ w-,j�,,4��j, �����ti�l= Ike , kr�� � r •, i ,k:: a. F_ _ _,.>� _. .�eS' ('f _ �. �;�'� r ilk I a f tyi ljo NF� , � tki - Jr35f., t� 4 f Yl,t� t (yy t � r i nrats Tt ...i }i'lxY �• � }fir rJ� •, :. , elf ="��• o. 1. � l _.... _� _..mot �H tiY f �: is r x e,,­70, ,two--, 0 • 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. 'b r— In - • • ��` . MAY 2 3 2016 j e f f r e y h a I f e r t y _ "INt d e s i g n PO Box 3725 Aspen, Colorado 81612 (970) 948-4537 MEMO DATE: 5/23/16 TO: Community Development of Aspen Attn. Sara Nadolny, AICP RE: Aspen Wilds #303 Mechanical Equipment Location Appeal Request 101 W Cooper Feinberg Condo #303 Condensing unit location appeal approval and permit for: Aspen Wilds # 101 E Cooper #303 Aspen, Colorado RE: Appeal request for mechanical equipment proposed location Hello Sara, I I want to thank you for giving me the opportunity to appeal this determination. We respectfully request a "hardship" hearing based on internal H.O.A. covenants and structural issues for the proposed staff location for the condensing unit(s). We will provide additional information in the next two weeks. We have documentation from the Aspen Wilds HOA and structural engineer to gubmit to you for the difficulty for the staff location suggested for the condensing unit(s). We still feel the proposed location for our condensing unit location will meet the land use code objective and be minimal impact to the neighbors and rest of the Aspen Wilds tenants. The portion of Code you we would like to refer to is subsection 26.316.030 — Appeal Procedures. We would respectfully like to discuss our case with the hearing officer. Thank you, • Sincerely, Jeffrey C.0 e n Feinberg Ms. Helen Hough Feinberg 101 East Cooper Ave #303 Aspen, CO 81611 TxE C1 of ASPEN Re: APPEAL OF ADMINISTRATIVE DETERMINATION Dear Ms. Feinberg, As required per Section 26.316.03Q.D., Notice Requirements of the Land Use Code, notice is hereby given that a hearing will be held on Wednesday, August 3, 2016, to begin at 9:30 a.m. before the Hearing Officer in City Council'Chambers, City Hall, 130 S. Galena St., Aspen. The purpose of the hearing is to consider an appeal.of an Administrative Determination submitted by you. The Determination being appealed found that an air conditioning unit is prohibited from being located between any lot line adjacent to a street and any structure. The request of the, applicant is to reverse the Community Development Director's interpretation. For farther information, please feel free to contact me at 970.429.2739 or by email sara.-nadolny@cityofaspen.com. A memo will be emailed to you in the near future. R . gards, A Sara Nadolny r Planner . cc (Certified Mail): Jeffrey Halferty Ms. Helen Feinberg @ 404 Pass -a -Grill Way, St. Pete Beach, FL 33706 13O SOUTH GALENA STREET ' ASPEN, COLORADO 81611-1975 - PHONE 970.920.5000 F.970.920.5197 www.' spenpitkin. conv Printed on Recycled Paper 3 i�1 o m W Y/ N Z O F a 0 Wti I 4fi ch C� o ro Cd 0- C14 0 N o 0 L - ru =_ f t __ c P P CO w 'D C -_ Wow o. CN _ M s LT- �s a G, W cn 6 Q 00 O Z. wa n "0 0 V 0 w 0z w N N d ff m rym �e n �® J3 m f�- z �n W� C. 6 'o C ao W � O O c o _ V av w o x o U H L LL MC �9 CO M M 2 cts A LL O � A w o O � a a U 0 V 0 � o x o� � Q L M � O r— M r- � L � L 0. 00 ® ®C2 _ V U CL W (n = r- Q c v vi C. 0 Aspen Wilds #303 Mechanical Equipment Location Appeal Request 101 W Cooper Feinberg Condo #303 Standards addressed: We respectfully appeal based on hardship. Pursuant to Section 26.575.020 we appeal the staff recommendation based on the hardship stated below: We have addressed the concerns of staff for the proposed roof location of the condensing unit(s). We have researched the probable suggested location of the roof area for the multiple condensing units. This suggested location is not feasible for the reasons listed and described below. The roof is not a viable option based on the structural issues presented by the proposed location. It would take major structural changes that would affect the entire complex with time and extreme costs. The proposed roof location and its additions would also void any existing warranty for the roof by its numerous penetrations and its proposed serviceability of the mechanical units. We propose the location to be on the top third floor deck recessed out of the visual plane and also to add a louvered mechanic screen to camouflage the unit allowing proper ventilation and to blend in the unit providing visual relief to comply with Land use code Section 26.575.020.E.5.n. To minimize the visual impact to the public. We feel this is the best location to comply with code and meet the clients objective. Thank you for your consideration. Yours, Jeffrey Jeffrey Halferty 970-948-4537 May 16, 2016 City of Aspen 130 S. Galena St. Aspen, CO 81611 RE: Request for Exception from Design Code Section 18.5 (n) from Owner at 101 East Cooper Avenue — Aspen Wild Greetings, I am writing this letter on behalf of the Aspen Wild Homeowners Association Board. The owner of Unit 303 of the condominium has requested an exception to allow a small heating and cooling unit compressor on their balcony as is authorized in the amended design code (Section 18 5. Allowed Projections into Setbacks (n)) to allow equipment in street facing yards as long as it is properly screened). The exception is allowed in the amended design code if authorized by the director of the Community Development and is necessary because the amendment addresses equipment placed in a yard but does not address placement on balconies. The balcony is the only feasible location for placement of the heating/cooling unit. While it has been suggested that the owner has another placement option for the unit, namely the roof, the purpose of this letter is to clarify that this is not the case. The following are considerations evaluated by the Association in developing its air conditioning policy requiring that equipment be placed on a unit owner's balcony: With respect to placement of equipment on the roof, Aspen Wild Condominium was built approximately 38 years ago. The roof was not designed to accommodate placement of mechanical equipment. The Association has spent thousands of dollars repairing the roof due to leaks. Placement of equipment on the roof would require penetration of the roof and would create additional risks for future leaks. As a result, the Association felt it was in the best interest of the structural integrity of the building to not allow placement of equipment on the roof Placement of equipment on the roof would compromise the performance of the heating unit. The owner has been advised by the contractor that accumulation of snow around the unit will adversely affect the heating functionality of the unit. Therefor for a 9 unit condominium, such a situation is unworkable given the difficulty in accessing the roof. For this reason the balcony was selected as the best place to locate the unit so that the owner can manage snow build-up. Further the size is limited by the Homeowners Association to ensure that the unit will be masked by balcony railing as an aesthetic consideration. If you have any questions, please do not hesitate to contact me. Ron Aspen WV id Homeowners Association • S/23/16 Calvetti I ligineering, like. Andrew L. Calvetti, P.E. 914 E Waters Ave. 1118 Aspen, Colorado 81611 Ph / Fax 970-925-8969 City of Aspen, Colorado Building Dept. / Plan Review 130 Galena St., 3'*d Fir Aspen, CO 81611 Ph (970) 429-27,11 / Fax (970) 920-5439 Attn: Ms. Sara Nadoluy, Planner Email: sari-undolny q cityofaspcn.com • Re: Feinberg Residence / 101 E. Cooper Ave. / Unit # 303 / Aspen Wild Condominiums / Aspen, CO 81611 / Proposed AC Unit Addition Ms, Nadoly: This letter is being written at the request of Mr. Jeffery Halferty to provide structural commentary regarding the proposed addition of a small energy efficient air conditioning unit at the above referenced location. I have done a preliminary I•cview of the proposed AC unit addition and have concluded that the least intrusive and least expensive modification to the existing structure would be to place the compressor unit on the exterior balcony as previously requested. I am in agreement with the letter written by the IIOA Manager, dated May 16, 2016 for this proposed project. The allowable roof design loads would require additional study to determine if this and additional emits could be added to the roof. The existing decks would be more acceptable and not require any renovation for this additional load. Should you have any further questions, please call or write. Sincerely, s;s+ r o� V. •TF�' c, Andrew L Calvetti, P.E. CO 30628 a��` : QC JC CC: Mr. Jeffery Halferty, Ilalfery .Design ,a ;36028 P.O. Box 3725 n `" Aspen, CO 81612 I'll (970) 948-4537 ' Emiail: ,jhdesign n,sopris.nct Good Morning Jeff - it I'm following up from last week about putting the AC onto the ground. We can put the unit on the ground, I think the problem with that is we have to attached to and run over other people's property with the HVAC lines and the power lines. Furthermore, the alley side of the building has very limited space, may be tougher to keep "snow free" in the winter with the plows running and whatnot. Efficiency wise there's not much difference, however, there is more labor involved to put the unit onto the ground. Thanks -Chris Chris Allen, Sales callen(a,cccgws.com (970) 989-5247Cell (970) 384-4613Direct Line (970) 945-8128 Fax (970) 479-6390Vail Valley CLIMATE 1qCONTROL .COMPANY Notice of Confidentiality: This message and any attachments may contain confidential and privileged information. If it has been sent to you in error, please reply to advise the sender of the error and then immediately delete this message. • • CLIMATE CONTROL COMPANY Cori! irrt Driven. Colorado Sgle... since 1956. May 23, 2016 To: Whom it may concern RE: Aspen Wild #303 In regards to unit location: The condensing unit can put the unit on the ground, however the problem with that is we have to attached to and run over other people's property with the HVAC lines and the power lines. Furthermore, the alley side of the building has very limited space, may be tougher to keep "snow free" in the winter with the plows running and whatnot. Efficiency wise there's not much difference in the summer, however, in the winter the unit could become blocked and not work. There is also more cost to the owner to run the power and the HVAC lines to the ground. This unit heat pump and absorbs heat from outside so it needs to remain clear of snow. If the unit gets buried it has to be shoveled out. Because of this a covered deck is an ideal location for a heat pump to operate. Thankyou- ,f' Chris Allen. Climate Control Company 1537 County Road 130 + P.O. Box 1042 * Glenwood Springs, CO 81601 ClimateControlCompany.com 9 (970) 945-2326 Office 9 945-8128 Fax • 479-6390 Vail • • 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 5/23/2016 0 101 W Cooper Ave - Google Maps I* J e yaps 101 W Cooper Ave Go gl+ Map data Oc 2016 Google 200 ft ; 101 W Cooper Ave Aspen, CO 81611 Google Maps https://www.google.com/maps/place/l01+ W+Cooper+Ave,+Aspen,+CO+81611/@39.189075,-106.8260113,17z/data=!3m 1 !4bl !4m 5!3m4! 1 sOx8740397b5a6de81... 1 /1 C17YOFASPEN MAY 2 3 2016 PRE -APPLICATION CONFERENCE SUMMARY 84 i PLANNER: Sara Nadolny, 429.2741 DATE: September 10, 2015 Updated: May 17, 2016 PROJECT: 101 E Cooper, Unit #303 REPRESENTATIVE: Jeffrey Halferty, 970.948.4537 DESCRIPTION: The subject site is located within the Residential Multi -Family (RMF) zone district and is a third - floor unit in a 9-unit housing complex. The balcony of the unit faces S. Garmisch St. The applicant previously submitted a building permit to locate an air conditioning unit on the balcony of Unit #303, between the building and the street. The permit was not approved by the Zoning Officer based on Section 26.575.020.E.5.n. of the Land Use Code that states, "Heating and air conditioning equipment and similar mechanical equipment are prohibited in all yards facing a Street..." and Section 26.104.100 for the definitions of yard and front yard. The applicant then requested an administrative review by Staff to determine whether this request was eligible for the following exemption: Section 26.575.020.E.5. "The community director may approve exceptions to the requirements of m) and n) above. The Community Development Direct must first determine 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." The m) in the section cited above is titled "Hot tubs, spas, pools, water features, and permanently affixed outdoor grills, furniture, seating areas, and similar permanent structures..." The request was denied by Planning Staff for failing to meet both of the required criteria. The applicant is now requesting to pursue the appeal process pursuant to Section 26.575.020.1. The applicant must provide a basis for the appeal within the application. The Administrative Hearing Officer is the authority on appeals from administrative decisions. As noted in the code, `a decision or determination shall not be reversed or modified unless there is a finding that there was a denial of due process or the administrative body has exceeded its jurisdiction or abused its discretion." The applicant has already responded within the 15 calendar days from the day of the administrative denial, indicating intent to pursue the appeal process. To be scheduled before the Hearing Officer the applicant is required to submit the land use application materials and pay the deposit listed below. Land Use Code Section(s) 26.304 Common Development Review Procedures 26.316 Appeals 26.575.020.E.5 Allowed Projections into Setbacks 26.104.100 Definitions Link to the Land Use Code: http://www.aspenpitkin.com/Departments/Community-DevelopmenUPIanning-and- ZoninaiTitle-26-Land-Use-Cade/ Land Use App: httpJ/www.aspenpitkin.com/Portals/OidocsiCity/ComdeviApps%20and%20Fees/2013%201and%2 0use%20app%20form.pdf Review by: Staff for complete application Administrative Hearing Officer for determination oos5�2o16- �� Public Hearing: Yes, at Hearing Officer's determination Planning Fees: $1,300 Deposit for 4 hours of staff time (additional planning hours are billed at a rate of $3251hour) $700 Deposit for 4 hours of Hearing Office a (additional hours are billed at a rate of $175/hour) Total Deposit: $2,000.00 \To apply, submit the following information: ❑ Completed Land Use Application and signed fee agreement. P PP 9 9 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. A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application and relevant land use approvals associated with the property. An 81/2" by 11" vicinity map locating the parcel within the City of Aspen. A site improvement survey (no older than a year from submittal) including topography and vegetation showing the current status of the parcel certified by a registered land surveyor by licensed in the State of Colorado. 1 Complete Copy. If the copy is deemed complete by staff, the following items will then need to be submitted: 3 Copies of the complete application packet and, if applicable, associated drawings. Total deposit for review of the application. u� 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. t 232016 Agreement to Pay Application Fees c;5 2,0*.-pf,�J�l -tn ayreernent oetween ine city or Aspen (' uity ) and Property Helen Hough Feinberg Phone No.: 727.452-4554; helen.feinberg@rbccm.com Owner ("t") Email: i Address of 101 East Cooper Ave # 303 Billing 404 Pass -a -Grille Way Property: Aspen, CO 81611 Address: isubject of p :send bills here) St. Pete Beach, FL 33706 application) 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 -re ndable. IL ��,/"rn� D I"f Q�r �I $ 0100 oflat fee for � J $ 0 flat fee for Select Dept 5 0 flat fee for Select Dept $ 0 flat fee for Select Review For deposit cases only: The City and I understand teat 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- 1 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, redrew, 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. posit for hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325 per hour. S 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: .Ctuis-S.enrSan � i Cap n -- � � �r1 C P Community Development Director Property Owner: Name: Helen Hough Feinberg Aspen• Condominium Owner City Use: Title. Fees Due: Received: $ January 2015 City of Aspen 1 130 S. Galena St. 1(970) 920-5090 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 s 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 pronibiticn. Below is a link to the Land Use Code for your convenience: Land Use Code: http://www.aspenpitkin.comlDepartments/Community-DevelopmenUPlanni ng-and-Zoninq/Title-26-Land-Use-Code! Relevant Land Use Code Section(s): 26.304 Common Development Review Procedures 26,575.020 Calculations and Measurements 26.575.020.E.5 Allowed Projections into Setbacks MAY 2 3 2016 26.710.090 Residential Multi -Family (RMF;: c r� Review by: Staff for completeness and review. 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). ❑ 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. 0 0 ATTACHMENT 2—LAND USE APPLICATION PROJK r: ;Name: Location: (Indicate street address. lot & block number, lei -al descrin Lion where appropriate) Parcel 11) # RF UIRED Name: i..: Address: Phone #: _ W.PRF,SE NATIVE: Name: r Address: ti.. Phone #: 7 i i rr. ur lirrl.11 A 1 MA; tpmwic cnecx an tnat apptyl: ❑ GMQS Lxemption ❑ Conceptual PUD ❑ Temporary Use ❑ GMQS Allotment ❑ Final PUD (& PUD Amendment) ElText/Map Amendment ❑ Special Review ❑ Subdivision ❑ Conceptual SPA ❑ ESA — 8040 Greenline, Stream ❑ Subdivision Exemption (includes ❑ Final SPA (& SPA Margin. Hallam Lake Bluff, condominiumi7ation) Amendment) Mountain View Plane ❑ Commercial Design Review ❑ Lot Split ❑ Small Lodge Conversiont Expansion Residential Design Variance ❑ Lot Lire Adjustment Other: ❑ Conditional Use EXISTING CONDITIONS: (description of existing buildings. uses, previous approvals etc.) 'ROPOSAL: (description of proposed buildings, uses, modifications. etc.) ave you attached the following? FEES DI:E: S U Pre -Application Conference Summary Attachment 91, 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 3-13 model. Your pre -application conference summary will indicate if you must submit a 3-D model. • 0 Justin Barker Senior Planner Community Development Department City of Aspen 130 S. Galena St. Aspen, CO 81611 Dear Mr. Barker, Helen Hough Feinberg 404 Pass -a -Grille Way St. Petersburg, FL 33706 Tel: (727) 452-4554 helen.feinberg@rbccm.com February 8, 2016 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. As I understand, the 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 of this size 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. Limited Options: My unit is located on the third floor of our condominium. There are other locations 1 could place the unit but they would either be unsightly or would impact the efficiency and operation of the unit. For example — I could mount the unit on the back of the building and while that would be compliant with current code, it would have a much greater negative visual impact on the building than placing the unit on my balcony where it can be screened. It is possible to place the unit on our roof, however, roof penetration may result in leaks and the unit efficiency will be diminished due to increased distance from the interior unit and accumulated snow. 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 approximately the same height as our 44" railing as can be seen in the attached drawing. The louvered screen will be painted a color similar to the building, therefore the unit should not be noticeable from the street. Furthermore, there are trees along our building which 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. 0 0 I would greatly appreciate it if the Community Development Director would grant an exception and allow me to place a properly screened Mitsubishi unit on my balcony so that I may install this energy efficient heating/cooling unit. I am attaching a drawing indicating the depth and height of the unit relative to the size of the balcony and height of the railing indicating that the unit will not exceed the railing height and will have a depth of approximately 25". I am also attaching specifications for the heating and cooling unit which shows the dimensions as well as specifications for the type of screen we plan to use to improve the aesthetics of the unit. If you have any questions, please call me at (727) 452- 4554. Many thanks for your consideration. Sincerely, Helen Hough Feinberg 0 0 Justin Barker, Senior Planner City of Aspen 130 S. Galena Street Aspen, CO 81611 Helen (lough Feinberg 404 Pass -a -Grille Way St. Pete Reach, FL 33706 1'el: (727) 895-8892 cell: (727) 452-4554 helen.feinberg c)rbccni.com RE: Helen Feinberg [Exception Requcst for 101 East Cooper Avenue, Unit 303 Dear Hillary, 'I'he 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: desi n%a)sopris.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 Clough Feinberg Managing Director, Housing Group 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 oivner or Attorney representing the property owner. Name: Property Owner "l"?: Email Phone No Address of Property_ (subject of application) 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 homecwners 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 aoproved by the homer:,.,ners 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 document_ Owner signature: Ownerprinted name: QFI date; Attorney signature: date: Attorney printed name: Feinberg, Helen From: Carruthers, Marilyn<Marilyn.Carruthers@stregis.com> Sent: Wednesday,August 35, 2015 11:38 AM To: Feinberg, Helen; Ghislaine Rey Cc: Ron Erickson (ron@aspenreservations.net); Marilyn Carruthers - Aspen Wild (mcarruthers12@icloud.ccm) Subject: RE: Aspen Wild Air Conditioning Request K1?SI[?t�,�i(�1�.C'l.t'B(`!)N<'l!•:KGF: 1'11F,ST. RF'GIS:A-SVEIv RFSORT.;0F l)F.A! til'Rl-A:T XSPE\. CO81011 MAJESTIC SPIRIT OF TWE ROCKIES From: Feinberg, Helen 1 Sent: Monday, August 03, 2015 3:21 PM To: Ghislaine Rey Cc: Ron Erickson ' Carruthers, Marilyn; Marilyn Carruthers - Aspen Wild I Subject: RE: Aspen Wild Air Conditioning Request From: Ghislaine Rey r ] Sent: Monday,August 03, 2015 5:13 PM To: Feinberg, Helen Cc: Ron Erickson ! `; Marilyn Carruthers Marilyn Carruthers - Aspen Wild ' ) Subject: Re: Aspen Wild Air Conditioning Request t.e 3 aoiu 201; a 07:4�. Feinberg. Ilelen a ecrit n Feinberg, Heien From: Carruthers, Marilyn <Marilyn.CarruthersC(Lstregis.com> Sent:: Wednesday,August 05, 2015 11:38 AM To: Feinberg, Helen; Ghisiaine Rey Cc: Ron Erickson (ro n @aspen rese rvatio ns.net); Marilyn Carruthers - Aspen Wild (mcarruthersl2@icloud.com) Subject: RE: Aspen Wild Air Conditioning Request RESIDENC'F. CLUB CONCIERGE TI IF. ti r. REGIS ASPEN ItF,SOWr, :I Iy F. DEAN STREhT, 11SFI{N. ('0 81GI t 1 970.429.9695 I' 9 OA29.9509 `4EG SASPEN.COV MAJESTIC SPT&IT 03 T-MI ROC[I1t3 From: Feinberg, Helen r .;>rgid)rbCn1..CofTI.1 Sent: Monday, August 03, 2.015 3:21 PM To: Ghislaine Rey Cc: Ron Erickson {r; ii,-as <r sere cirr s. Wit); Carruthers, Marilyn; Marilyn Carruthers - Aspen Wild Subject: RE: Aspen Wild Air Conditioning Request Many C`?anks Ghisiaine Heier: lu,,gn v eiinberg Managing Director PBC Capital Markets (727) 895-8892 From: Ghisiaine Rey [ �t(:rr=rev ~:.43r?1t*G�. ] Sent: Monday,August 03, 2015 5:13 PM To: Feinberg, Helen Cc: Ron Erickson', I ►_a,-ti)ent,e: c�°,,raric , r); Marilyn Carruthers Marilyn Carruthers - Aspen Wild( -carr 3tl tars' _ ,r'C! r ) Subject: Re: Aspen Wild Air Conditioning Request I Men. i approve our request of installing a 'Mitsubishi heatin- and cooling system in \our unit- as described. 3est rewards. - 61hislaint P Le 3 aoitt 2015 a 07:45, Feinberg, Helen a ecrit t 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 1 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 100 2^" 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 dries not waive any of its rights, privileges or other protections respecting this information. Any distribution, copying or other use of this E-Mail or the information it contains, by other than an intended recipient, is not sanctioned and is prohibited. If you received this E-Mail in error, please delete it and advise the sender (by return E-Mail or otherwise) immediately. This E-Mail (including any attachments) has been scanned for viruses. It * believed to be free of any virus or other defect that might affect any computer system into which it :s received and opened, t lowever, it is the responsibility of the recipient to ensure that it is virus free. The sender accepts no responsibility for any loss or damage arising in any way from its use. E-Mail received by or sent from R173C Capital Markets is subject to review by Supervisory personnel. Such communications are retained and may be produced to regulatory authorities or others with legal rights to the information. IRS CIRCULAR 230 NOTICE: TO COMPLY 'WITH U.S. TREASURY REGULATIONS, WE ADVISE YOU ThAT ANY U.S. FEDERAI TAX ADVICE INCLUDED IN THIS COMMUNICATION IS NOT INTENDED OR WRITTEN TO BE USED, AND CANNO" BE USED, TO AVOID ANY U.S FEDERAL TAX PENALTIES OR TO PROMOTE, MARKFT, OR RECOMMEND TO ANOTHFR PARTY ANY TRANSACTION OR MAT -ER. This electronic message transmission contains information from the Company that may be proprietary, confidential and/or privileged. The information 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. 0 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. feinbergnrbccm.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 4 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 4303. 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, Helen hough Feinberg 0 C� COOLING & HEATING Job Name: luff Ad -;3%E R I E �S`N*l System Reference:I Date: Irdw. Un2 MSZ+E!$NA 4 'h5rx�ss Rerrate :ontziAr ChAdw UrA MUZ-FE18NA GENERALFEATURES • Highly energy -efficient system with quiet operation • Updated sleek, compact indoor unit design • Includes Nano Platinum and Anti -allergy Enzyme fitters • "Powerful Mode' function permits system to temporarily run at a lowerlhigher 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) r Three -pole Disconnect Switch (TAZ-MS303) Air Outlet Guide (MAC-886SG-E) Mounting Base (DSO-400N) c Mounting Pad (ULTRILITEI) r- Drain Socket Assembly (MAC-860DS) Indoor Unit t . Condensate Pump (S13100.230. 230V) r Replacement Anti -allergy Enzyme Filters (MAC-2310FT--E; 2/set) Controller Options ,., Wireless Wall -mounted Remote Controler Kit (MHK1)' L Portable Central Controller (MCCH1)• Outdoor Air Sensor (MOS1)' r- 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. c System Control Interface (MAC-3331F) Remote Temperature Sensor (M21-IXC-307) Lockdown Bracket for Hand-held Controller (RCMKPI CB) Specaficatrons are subject to change without notice. :: 2015 Wsubrshi Elecwc US. Inc. INVERTI? 0 • Cooling* Rated Capacity...............................18,000 BtWh Minimum to Maximum Capacity Range ......8,200 - 25,200 Btu/h SEER.. 20.2 Btulh/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 BtWh/W COP............................................. 4.11 Total Rated input ....... ........................ ..1,540 W Heating at 17° F• Rated Capacity ......... ........ .... ..... .... 11,700 Bluth Rated Total Input ............................. . 1.240 W CCP......................... . _ ... ......... 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 j Indoor: 80° F (270C) DB / 67° F (19° C) WB Coding j Outdoor 95° F (35° C) DB / 75° F (24° C) WB Heating at 47°F j Indoor: 70' F (210 C) DB 160° F (160 C) WB Heating at 47°F j Ouildoor. 47° F (8° C) DB! 43° F ;6° C) WS Heating at 17° F j Indoor 70° F (21° C) DS / 60° F (16° C) WB Heating at 17° F j Outdoor 17° F (8° C) DB / 15° F (-9° C) VVB Heating at Sc- F j Indoor. 70° F (21° C) DB 160° F (16° C) WB Heating at 5° F j Outdoor. 5' F (-15° C) DB 15° F (-- So C) WB "Manivum Capacity is at full speed and performance for iNVERTERAnVen System. Electrical Requirements Power Supply • . • • . _ ......... 208 / 230V, 1-Phase, 60 Hz Breaker Size ............ .... ....................2D A Voltage Indoor - Outdoor S1-S2 .... ............... AC 208 / 230V Indoor - Outdoor S2-S3 ......................... DC +/- 24V Indoor- Remote Controller ..................... MHK1 DC 3V PAR-31 MAA DC 12V PAC-YT53CRAU DC 12V OPERATING CONDITIONS indoor Intake R r hddoor Intake Air Temp. Temp. Maximum 9 730 F (32° C) 115° F (460 C) OB Cooling Minimum 67' F (19- C) DB t4° F (-10° C) DB 57° F 14° C WB Maximum 80° F (27° C) DB 75° F (24° C) DB Heating 67° F N90 C WB 65° F 180 G WB Minimum 70° F (21° C) DB J -13° F (-25° C) DS 60° F 16° C VV8 -15° F -26° C WB- - system cuts out at -18° F (-28° C) to avoid thermismr error, but recovers from cutout operation and automatically restarts at 13° F (-25°C). Notes. Specifications are subject to change without notice. Ca 2015 Mitsubishi Flectnc US. Inc. Indow Unit MCA............................................... 1 A Blower Motor (ECM) .......... ................. 0.76 F.L.A. Airflow Cooling (Lo - Med - Hi - Powerful) ....388 - 469 - 628 - 7S8 Dry CFM 347 - 420 - 562 - 661 Wet CFM Heating (Lo - Med - Hi - Povmful) ....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 43-51151 1,116 D 9-3/8 / 238 kl 112-1316 / 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. . .................. 5i8" 1 15.88 mm Outdoor Unit Compressor .................. DC Inverter -driven Twin Rotary MCA.. ...................... .... ... -17.1A 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 34-5/81880 Weight ... ............................... 119 lbs. 154 kg External Finish ...... ........ ..... ..Munseli No. 3.OY 7.8 / 1.1 Refrigerant Type ..... ...... ............ . ......... R41 OA 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 01 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. RUSKIN 0 3900 Dr. Greaves Rd. Kansas City, MO 64030 0 (816) 761-7476 0 FAX (816) 765-8955 ELF22V STATIONARY LOUVER EXTRUDED ALUMINUM STANDARD CONSTRUCTION FRAME 6063T5 extruded aluminum with .060" (1.5) nominal wall thickness. BLADES 6063T5 extruded aluminum with .060" (1.5) nominal wall thickness. Chevron blades are spaced approximately 2" (51) center to center. Blades positioned at 60' angle. SCREEN 5/8" x .040" (16 x 1) expanded, flattened aluminum bird screen. Screen adds approximately 1/2" (13) to louver depth. FINISH Mill. MINIMUM SIZE 8"w x 8"h (203 x 203). APPROXIMATE SHIPPING WEIGHT 4 lbs. per sq. ft. (20 kg/ml). MAXIMUM SIZE 48"w x 96"h (1220 x 2438). FRAME CONSTRUCTION 11/2 A" x B" l Standard Integral Flange e• Dim. Varies L T— �2 1 (51) ELF22V Dimensions in inches, parenthesis ( ) indicate millimeters. FEATURES The ELF22V offers: • 28% free area (4' x 4' size). • Corrosion resistant, aluminum construction. • Outstanding durability and low maintenance. • Sightproof chevron blades which provide pri- vacy, conceal equipment, prevent vandal- ism, and act as a safety barrier to dangerous areas. VARIATIONS Variations to the basic design of the louver are available at additional cost. They include: • Extended sill. • Flanged frame. • Hinged frame. • Front or rear security bars. • Filter racks. • A variety of bird and insect screens. • Selection of finishes: baked enamel (modi- fied fluoropolymer), epoxy, integral color and clear anodize, Pearledize and Kynar. Consult Ruskin for other special requirements. 'Units furnished 1/4" (6) smaller than given opening dimensions. QTY. SIZE FRAME VARIATIONS A' -WIDE B'-HIGH PROJECT LOCATION CONTRACTOR Spec ELF22V-1007/Replaces ELF22V-803 ALL STATED SPECIFICATIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE OR OBLIGATION. CRuskin 2007 TYPICAL INSTALLATION DETAILS Angle Metal Panel Flange Masonry Wood Subframe Wall Mount Wall Installation �I I I I I I I I I I I i I FREE AREA GUIDE Free Area Guide shows free area in ft' and m' for various sizes of ELF22V. Width - Inches and Meters 12 18 24 30 36 42 48 .30 .46 .61 .76 .91 1.07 1.22 12 0.18 0.30 0.42 0.54 0.66 0.78 0.90 .30 .02 .03 .04 .05 .06 .07 .08 18 0.30 0.49 0.69 0.89 1.09 1.09 1.48 .46 .03 .05 .06 .08 .10 .12 .14 24 0.41 0.69 0.97 124 1.52 1.79 2.07 .61 .04 .06 .09 .12 .14 .17 .19 30 0.53 0.89 1.24 1.59 1.95 2.30 2.66 .76 .05 .08 .12 .15 .18 .21 .25 36 0.65 1.08 1.51 1.95 2.38 2.81 3.24 .91 .06 .10 .14 .18 .22 .26 .30 42 0.77 1.28 1.79 2.30 2.81 3.32 3.83 1.07 .71 .12 .17 .21 .26 .31 .36 48 0.88 1.47 2.06 2.65 3.24 3.83 4.41 1.22 .08 .14 .19 .25 .30 .36 .41 54 1.00 1.67 2.33 3.00 3.67 4.33 5.00 1.37 .09 .16 .22 .28 .34 .40 .46 60 1.12 1.86 2.61 3.35 4.10 4.84 5.59 1.52 .10 .17 .24 .31 .38 .45 .52 66 1.23 2.06 2.88 3.70 4.53 5.35 6.17 1.68 .11 .19 .27 .34 .42 .50 .57 72 1.35 2.25 3.15 4.05 4.96 5.86 6.76 1.83 .13 .21 .29 .38 .46 .54 .63 78 1.47 2.45 3.43 4.41 5.39 6.36 7.34 1.98 .14 .23 .32 .41 .50 .59 .68 84 1.59 2.64 3.70 4.76 5.82 6.87 7.93 2.13 .15 .25 .34 .44 .54 .64 .74 90 1.70 2.84 3.97 5.11 6.25 7.38 8.52 2.29 .16 .26 .37 .47 .58 .69 .79 96 1.82 3.03 4.25 5.46 6.67 7.89 9.10 2.44 .17 .28 .39 .51 .62 .73 .85 102 1.94 3.23 4.52 5.81 7.10 8.40 9.69 2.59 .18 .30 .42 .54 .66 .78 .90 108 2.05 3.42 4.79 6.16 7.53 8.90 10.27 2.74 .19 .32 .45 .57 .70 .83 .95 114 2.17 3.62 5.07 6.52 7.96 9.41 10.86 2.90 .20 .34 .47 .61 .74 .87 1.01 120 2.29 3.82 5.34 6.87 8.39 9.92 11.45 3.05 .21 .35 .50 .64 .78 .92 1.06 3900 Dr. Greaves Rd. USKIN Q Kansas city, 64030 (816)761-7476 FAX (816)765-5-8955 Rwww.ruskin.com • • MITSUBISHI Most Efficiiw! ELECTRIC 1 OU COOLING & HEATING s+ wr. ay .c t.cav M-SERIES Job Name: System Reference: Date: Indoor Unit: MSZ-FE18NA Wireless Remote Controller GENERAL FEATURES • 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 (DSD400N) ❑ Mounting Pad (ULTRILITEI) ❑ Drain Socket Assembly (MAC-860DS) Indoor Unit Condensate Pump (S13100-230; 230V) ❑ 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 (Most)* ❑ 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 (RCMKPI CB) r Outdoor Unit: MUZ-FE1BNA I N V"RR 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" ............... I ..........21,600 Btu/h Maximum Total Input ............................. 2,620 W Heating at 5° F' Maximum Capacity"..........................21,600 Btu/h ' Rating Conditions per AHRI Standard Cooling Indoor: 801 F (270C) DB / 67o F (190C) WB Cooling Outdoor: 951 F (350 C) DB / 751 F (240 C) WB Heating at 47OF Indoor: 700 F (210 C) DB / 600 F (161 C) WB Heating at 47OF Outdoor. 470 F (80 C) DB / 430 F (60 C) WB Heating at 170 F Indoor: 700 F (210 C) DB / 600 F (160 C) WB Heating at 170 F Outdoor: 170 F (-8° C) DB / 150 F (-90 C) WB Heating at 50 F Indoor. 700 F (21 o C) DB / 600 F (16o C) WB Heating at 50 F Outdoor: 51 F (150 C) DB / 51 F (-150 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-31 MAA DC 12V PAC-YT53CRAU DC 12V OPERATING CONDITIONS Indoor Intake Air Outdoor Intake Air Temp. Temp. Maximum 90- F (32° C) DB 1150 F (46o C) DB Cooling 73 f 23 C WB Minimum 67ooF (190C) DB 14- F (-100 C) DB 57 F (140 C WB Maximum 80- F (27o C) DB 750 F (240 C) DB Heating 670 F 190 C WB 650 F 180 C WB Minimum 70o F (210 C) DB -13o F (-25o C) DB 600 F 160 C WB 1 -150F -26o C WB" " System cuts out at -180 F (-28° C) to avoid thermistor error, but recovers from cutout operation and automatically restarts at -13- F (-250C). 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 11,116 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..............................................17.1A 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 ................................... R41OA 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. 0 2015 Mitsubishi Electric US, Inc. • MSZ-FE18NA MUZ-FE18NA 9.318 v1 N 3 a}11 7.118 2-5118 1 in - S 13116 -g18 -8118 REQUIRED SPACE 111LCI Mr, FORM# MSZ-FE18NA / MUZ-FE18NA - 201503 Specifications are subject to change without notice. ® 2015 Mitsubishi Electric US, Inc. Unit: inch E . Insulation 02 OD LI uid Ilne 1318 19-11118 Flared connection 0318 Q. Galine !01/2 18-15118 Flared connection 0518 :Insulation 01-118 Connected part 0518 0.13 Semm panel L�guid retngerant p:pe tan' Rebigerant pipe Fred) a 318 t refngerant lolnt Refrgerant pipe (flared) o 5f8 Unit: inch MITSUBISHI { ELECTRIC COOLING & HEATING 1340 Satellite Boulevard Suwanee, GA 30024 Toll Free: 80OA33-4822 www.niehvac.com • • Justin Barker Senior Planner Community Development Department City of Aspen 130 S. Galena St. Aspen, CO 81611 Dear Mr. Barker, Helen Hough Feinberg 404 Pass -a -Grille Way St. Petersburg, FL 33706 Tel: (727) 4524554 Itelen.feinberg@rbceni.com February 29, 2016 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 heatingicooling 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 he 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. Undercurrent 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. • 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. 1 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, Helen Hough Feinberg Aspen Wild view of unit placed on street facing balcony from Garmisch St — AC/Heating Unit Photo Shop — Actual Unit would be a) smaller, b) painted building color or c) screened • 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, Nome Owner Association would not approve. 0 View of balconies and back of building from Garmisch Street. This view indicates how visible the back of the building is and how it is difficult to see balconies. 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. Authorized Officer JOB NO: ACCOM2732 i RECEPTION#: 567177, As 3/2010 at 11:58:20 AM, 1 OF 2, R $10DF $60.00 Janice Caudill, Pitkin County, CO JP �(S5°° GENERAL WARRANTY DEED THIS DEED, made this 16th 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 , 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 EXl-UBIT "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 Hazel COHough ='c"rCI?Y o; _4 =Fri OAfF_ REF NO. DATE i 0 j� 377el � r4G ;% Ay/231" x wi 3 , l 9 RECEPTION#: 567177, a3/2010 at 11:58:20 AM, 2 OF 2, Janice K. Vos Caudill, Pitkin County, CO 0 STATE OF f- f e r--� dl- ss. COUNTY OF �i n dL3 The foregoing instrument was acknowledged before me this Lj day of EL/' ✓N `',-k 2010, by William R. Hough and Hazel C. Hough. WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: [Seal] HEEE MEWRV W caoamoX f DMF ror E "- °;AqW ,13.a 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 its etms. Helen Hough Fein erg STATE OF 1' o c—k Cl,, ss. COUNTY OF Pi \tA� � The foregoing instrument was acknowledged before me this day of 05,,U U 2010, by Helen Hough Feinberg. WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: [Seal] �. CO EN M EWIN r J Er-qM yr. n, mu C. Notary Pu lic r V • • 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. X �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. Than You, SCAR 2 4 2016 ennifer P , Deputy Planning irector City of Aspen, Community Development Department For Office Use Only: Mineral Rights Notice Required Yes No_7�-- GMQS Allotments Yes No Qualifying Applications: New PD Subdivision, or PD (creating more than I additional lot) Residential Affordable Housing Commercial E.P.F. Lodging- City of Aspen Request to Install AC/Heating Unit on Balcony of 101 E. Cooper Ave. # 303 Application Table of Contents: I. 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 5. Survey 7. Drawings/Elevations 8. Proposal Letter MAR 1'I Ibis ATTACHMENT 2 —LAND USE APPLICATION PROJECT: Name: � Pil � l vu �" 6 i-' ic) C - . rv�'1,''�t1�,� -a Location: r v"' : v- O2 (Indicate street address, I t & block number, legal description where appropriate) Parcel ID # (REQUIRED) Asa L_C^4 usa plop kPPLICANT: l-ec "rcc#y%pO r- —' slame: He lerg) t ouCly1 C-e inkfY4 (� n kddress: go' 4 1�a� c , — ' n ( I e L - r� J `_)F Pt'_ i-1c t`w /Cc- % F L 33 'hone HE,EPRESENTATIVE: Name: Address: p t3 Phone #: 1 0 - 9 �(L (L q'J 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, condom iniumization) 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.) C it 1Dir,i,-tur -, ROPOSAL: (description of proposed buildings, uses, modifications, etc.) 'Pi4.uncut hecytirm IkLym - an b.0(c;,) (��r Kcr� I ) + 4tx_} — eve you attar ed the following? FrEs DUE: S f 000 Pos' 4- U Pre -Application Conference Summary Attachment #1, Signed Fee Agreement ❑ Response to Attachment #3, Dimensional Requirements Form ❑ Response to Attachment 94, Submittal Requirements- Including Written Responses to Review Standards ❑ 3-13 Model for large project All plans that are larger than 8.5" X l 1" 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 3-13 model. P1Tk"k 1 77 � 1 P �"Q 1_4 A I"' -' -- �I I ', Hn agreem Agreement to Pay Application Fees P E Aspen ttiiiv-t ano Property Helen Hough Feinberg Phone No.: 727-452-4554; helen.feinberg@rbccm cdm'* f Owner (" I"): Email: Address of 101 East Cooper Ave # 303 Billing 404 Pass -a -Grille Way ri Property' Aspen, CO 81611 Address: St, Pete Beach, FL 33706 Z (subject of p (send bills here) application) 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: f Ll Jf Ito, P, Name: Helen Hough einberg City use: Title: Aspen Wild Condominium Owner Fees Due: $ 325 Received: $ ry 0 CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Justin Barker, 970.429.2797-Ar�_ �,pp ': 2.25.16 PROJECT: 101 E. Cooper 11 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-DevelopmenUPlanning-and-ZoninglTitle-26-Land-Use-Code/ Relevant Land Use Code Section(s): 26.304 Common Development Review Procedures 26.575.020 Calculations and Measurements p 1' 26.575.020.E.5 Allowed Projections into Setbacks MAR 17 2016 26.710.090 Residential Multi -Family (RMF) CITE' OF ASPEN Review by: Staff for completeness and review. C'(.}aa lkry 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. 0 HOA Compliance form (Attached). 0 ❑ 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. E 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 FORTHIS REPORT. EFFECTIVE DATE: FEBRUARY 19, 2016 PITKIN COUNTY TITLE, INC. BY: Authorized Officer JOB NO: ACCOM2732 • 4 RECEPTION#: 567177, 02/23/2010 at 11:58:20 AM, 1 OF 2, R $11.00 DF $60.00 Janice K. Vos Caudill, Pitkin County, CO 'J ' $wOb GENERAL WARRANTY DEED THIS DEED, made this I& day of February, 2010 between WILLIAM R. HOUGH and HAZEL C. HOUGH, ("Grantors"), whose legal address is 1 Beach Drive SE N1002, St. Petersburg, FL 33701-3908 and HELEN HOUGH FEINBERG ("Orantee") whose legal address is 702 Pass A Grille Way, St. Petersburg, FL 33706-4335, County of Stato 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, HO•WEVM-untoathe Gmtorsdor. 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 end 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, oC 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 EXWB1T "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. LY WrMSS WHEREOF, the Grantor executed this deed on the date set forth above. William R. Hough ;.�c=rr FIMD DATE REP NO, _; i Jo JU,, - 371o/� a(' e • & .rL_/ Hazel WRough CI?Y OF ;;z: FEN KFsFi'f T !ID DA7c 11 No. L123110 x-t4 3.7� / 9 REC£PTIONY: 567177, • 3J2010 at 11:58:20 AM, 2 OF 2, • Janice K. Voa Caudill, Pitkin County, CO STATE OF _ _—r=_I_0 -- ss. COUNTY OF The foregoing instrument was acknowledged before me this 15 day of �eh ru 2010, by William R. Hough and Hsael C. Hough. WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: (Seal) HffZNM !�—`,.,_ wto�a�moH�cawra OQar:Awn - au Notary Public �+aw.ner n*+nia�n...a ACCEPTANCE OF GRANTEE The undersigned, Helen Hough Feinberg, the Grantee of the foregoing General Warranty Deed, hereby accepts the conveyance made thereby by it�sJ�ec�mS. l�Xl� J�jQK i1Y Helen Hough Fein erg STATEOF �o `-I CLI. P COUNTY OF t ��l } 5g. The foregoing instrument was acknowledged before me this 1� day of � u 2010, by Helen Hough Feinberg. WITNESS MY HAND AND OFFICIAL SEAL. My commission expires., t�l.iat M t3WkN ! f � n.• i�---�"�� ,uw,roowna 1 U w�es:�14 mu �"^°""""a Notary Pudic 0 0 Helen Hough Feinberg 404 Pass -a -Grille Way St. Pete Beach, FL 33706 !7) 895-8892 cell: (727) 452-4554 fectn}a''ive helen.feinberg@rbccm.com PuYnon 7,a -i Ov-) 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@sopris.net Phone: (970) 948-453 7 If you have any questions, please do not hesitate to let Jeff or me know. Sincerely, RBC CAPITAL M WTS CORPORATON Helen Hough Feinberg g Managing Director, Housing Gr up • • 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 Attomey representing the property owner. Property Name: kAen Fe.inot Owner (`I"): Email: J Phone No.: Address of Kc,?e 1 O'kd Property: lot i;Q 4 i oo ee r �vlenupo -45C3 (subject of application) AC _0 _ , LQ 'Z l (0 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 d cument. Owner signature: dates _ , a-d1 Owner printed name: �6eyY Po c a k Attorney signature: date,:, Attorney printed name: 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@icioud.com) Subject: RE: Aspen Wild Air Conditioning Request Dear Helen, I approve also. Marilyn Caruthers RESIDENCE CLUB CONCIERGE THE ST. REGIS ASPEN RESORT, 315 E DEAN STREET, ASPEN, CO 81611 T 970.4z9.9695 F 970.429.9509 STREGESASPEN.COM THE ST. REGIS ASPEN RESORT - 3"IF Ic SHIBTi OF Litz ROCCIHS From: Feinberg, Helen[maiito:heien.feinberaCalrbccm.Camj Sent: Monday, August 03, 2015 3:21 PM To: Ghislaine Rey Cc: Ron Erickson (ronCabasyenreservations.net); Carruthers, Marilyn; Marilyn Carruthers - Aspen Wild (mcam ithersl2@icioud.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 (ronO)aspenreservations.net); Marilyn Carruthers(marilyn.carruthers(-astregis.com); Marilyn Carruthers - Aspen Wild (mcarruthersl2@icloud.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 aofit 2015 A 07:45, Feinberg, Helen a dcrit 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 100 21 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, Any distribution, copying or other use of this E-Mail or the information it contains, by other than an intended recipient, is not sanctioned and is prohibited. If you received this E-Mail in error, please delete it and advise the sender (by return E-Mail or otherwise) immediately. This E-Mail (including any attachments) has been scanned for viruses. It is believed to be free of any virus or other defect that might affect any computer system into which it is received and opened. However, it is the responsibility of the recipient to ensure that it is virus free. The sender accepts no responsibility for any loss or damage arising in any way from its use. E-Mail received by or sent from RBC Capital Markets is subject to review by Supervisory personnel. Such communications are retained and may be produced to regulatory authorities or others with legal rights to the information. 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 HE 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 information 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. • 0 August 2, 2015 Aspen Wild Board CIO 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 # N1UZ-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 9303. 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, Helen Hough Feinberg 0 • I'dITSl BISHI • ELECTRIC RIC COOLING & HEATING Job Name: Most Efficient ' wwn encrnye�ut.gvv N I _.' _ \3 System Reference: I Date: I _1 y a} Indoor Unit M52-FE18NA � ( T Vifinelm RCon�e� __ a t OuW= Un t MUZ-FE18NA GENERAL FEATURE8 • 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 temporanty 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 ACCESSOMES Outdoor Unit ❑ Base Heater (MAC-642BH-U) ❑ Three pole Disconnect Switch (TAZ-MS303) ❑ Air Outlet Guide (MAC-886SG-E) ❑ Mounting Base (DSD400N) ❑ Mounting Pad (ULTRILITEI ) ❑ Drain Socket Assembly (MAC-860DS) Indoor Unit ❑ Condensate Pump (S13100-230; 230V) ❑ Replacement And -allergy Enzyme Filters (MAC-2310FT-E; 21set) Controller Options ❑ Wireless Wail -mounted Remote Controller Kit (MHK1)• ❑ Portable Centres 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. a System Control Interface (h'IAC-3331F) ❑ Remote Temperature Sensor (M21-JKO-307) ❑ Lockdown Bracket for Hand-held Controller (RCMKPICB) INVER R Specifications are subject to change without notice. 6) 2015 Mitsubishi Electric US, Inc, i(/p it jjt{ d r,1,y:_ MfTEEEi(.'N , Cooling" Rated Capacity. . ...... ........... .......... 18,000 Btulh Minimum to Maximum Capacity Range ......8,200 - 25,200 Btulh SEER .................................... . 20.2 BtulhlW EER...................................... 14.2 Stu/hNV Total Rated Input ...................... ........... 1,270 W Heating at 47" F" Rated Capacity ................... ............ 21,600 Btulh ;Minimum to Maximum Capacity Range ......7,500 - 29,700 Btulh HSPF......................................10.3 Btu/h/W COP...................... ....................... 4.11 Total Rated Input.................................1,540 W Heating at 17° F' Rated Capacity ...............................11,700 Btulh Rated Total Input ................................ 1,240 W COP............................................. 2.77 Maximum Capacity"..........................21,600 Btulh Maximum Total Input ............................. 2,620 W Heating at 6" F' Maximum Capacity" .............. ....... .....21,600 Btulh Rating Conditions perAHRI Standard Cooling Indoor 801 F (27° C) DB / 671 F (190 C) WB Coding Outdoor. 950 F (350 C) DB / 75" F (240 C) NJB Heating at 47°F I Indoor. 700 F (210 C) DB / 600 F (160 C) WB Heating at 47OF Outdoor 47° F (80 C) DB / 430 F (60 C) WB Heating at 1r F indoor. Ar F (21° C) DB / 600 F (161 C) WB Heating at 170 F j Outdoor.. l7° F (-8° C) OB / 151 F (-9° C) WB Heating at b" F I Indoor. 700 F (210 C) DB / W F (160 C) WB Heating at 5° F Culdoor F F (-15° C) DB / 5° F (-15° C) VIB -Maximum Capacity is at full speed and performance for INVERTER -driven System. Electrical Requirements Power Suppty .................... 208 1230V, 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-31 MAA DC 12V PAC-YT53CRAU DC 12V OPERATING CONDITIONS Indoor intake Air Outdoor intake Air Temp. rem . Maximum 90° F (32- C) OB 1150 F (46° C) DB Cooling 73 23 Minimum of oC 67 F (19 C) DB 140 F (-10. C) DB 570 F 140 C VVJB Maximum 800 F (270 C) DB 750 F (240 C) DB Heating 670 F 190 C VVB 650 F 180 C) WB Minimum 700 F (210 C) DS -130 F (-25° C) DB 600 F 160 C WB -150 F -26° C WB" System cuts out at -180 F (-28° C) to avoid thermistor error, but recovers from cutout operation and automatically restarts at -13° F (-25°C). Notes: Spec ficat ors are subject to change without notice. 2015 Mitsubishi Electric US. Inc. Indoor Unit MCA............................................... 1 A Slower 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 - PowerM ....3B8 - 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 43-5116 / 1,116 D 9-3i8 / 238 H 12-13116 / 325 `height....................................37 lbs. / 17 kg Moisture Removal ................................ 2.7 ptJh 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..............................................17.1A Fan Motor (ECM) ............................... 0.93 FLA. Sound Pressure Level Cooling.......................................55 dB(A) Heating.......................................55 dB(A) DIMENSIONS I INCHES / MM W 33-1116 + 3-31161840 + 81 D 1131330 H 34-518 / 880 Weigh ............ ..................... .119 II 54 kg External Finish .....................MunseIt 8 / 1.1 Refrigerant Type ................................... R41OA Refrigerant Pipe Size 0.0; Gas Side ................................ 5/8" 115.88 mm Liquid Side ................................ 318" / 6.35 mm Max. Refrigerant Pipe Length. . ................... 100' / 30 m Max. Refrigerant Pipe Height Difference ............. 50' / 15 m Connection Method ................................. Flared • MSZ-FE18NA MUZ-FE18NA REQUIRED SPACE 0%Us Intertek FORM# MSZ-FE 18NA / MUZ-F E 1 SNA - 201503 Specifications are subject to charge without notice. 1� 2015 Mitsubishi Electnc US, Inc. Unit Inch 5.74 - T•1 — = — IaSW 020.D ii Uctuld hna 0 on 19•11118 Flamd cwhwa i Qm Ilea 01121615ti8 Flenxr tennxtipn 051a Dmi1 tloaa llftpAtbDn 01.1ri CannecMd Dart 0518 p.D Unit: inch 4 i 4� 3— Pend 1*01 wAfpeta•tl Ppe }Pea Reetperoa P" ieatad) e30 I ll6iplfent Reeparonl Op (as2d) a sfs m. rrsUBISHI J'A ELECTRIC COOLING & HEATING 1340 Satellite Boulevard Suwanse. GA 30024 Toll Free' 800433-4822 www mehvac com 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. 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 ou*,lets 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 ,..se for the air conditioner must Nave a °3FI (Ground Fault indicator) installed in the outlet. Helen Hough Feinberg 404 Pass -a -Grille Way �6d W10— St. Petersburg, FL 33706 4r Tel: (727) 452-4554 heien.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. 0 • 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, X0, �. Helen Hough Feinberg • 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. View of balconies and back of building from Garmisch Street. This view indicates how visible the back of the building is and how it is difficult to see balconies. Aw- Am i } .49 �. � ;ti I • 1 1 �i �� Z d 0 Ms. Helen Hough Feinberg 101 East Cooper Ave #303 Aspen, CO 81611 THE CITY OF ASPEN Re: APPEAL OF ADMINISTRATIVE DETERMINATION Dear Ms. Feinberg, As. required per Section 26.316.03Q.D., Notice Requirements of the Land Use Code, notice is hereby given that a hearing will be held on Wednesday, August 3, 2016, to begin at 9:30 a.m. before the Hearing Officer in City Council` Chambers, City Hall, 130 S. Galena St., Aspen. The purpose of the hearing is to consider an appeal. of an Administrative Determination submitted by you. The Determination being appealed found that an air conditioning unit is prohibited from being located between any lot line adjacent to a street and any structure. The request of theapplicant is to reverse the Community Development Director's interpretation. For further information, please feel free to contact me at 970.429.2739 or by email sara.nadolny@cityofaspen.com. A memo will be emailed to you in the near future. Ragards, Sara Nadolny Planner . cc (Certified Mail): Jeffrey Halferty Ms. Helen Feinberg @ 404 Pass -a -Grill Way, St. Pete Beach, FL 33706 0 130 SovTH GALENA STREET • ASPEN, COLORADO 81611-1975 • PHONE 970.920.5000 • FAx 970.920.5197 www.'dspenpifidn. com, Printed on Recycled Paper W O O m �//�� fJ } Lo CN N W 2 O F- a w IERol co DL C6 d allo ::� N O O ul ru m co O NCN G s � z W� W a� Q oO O z o � o V u w x 0 z H o m - a m _ c Co LL 1 9 O d M m in _n _ Z c m M r- Q' Er" U- Ir W co 00 m N W Z N rl F 1 O LLI 1� O � co OH(4�11 NOO z W� w a� Q 6 00 O O V = o u w o c w Q 0 0 MAY 2 3 2016 e f f r e y h a I f e r t y CQ' . 1T d e s i g n PO Box 3725 Aspen, Colorado 81612 (970) 948-4537 MEMO DATE: 5/23/16 TO: Community Development of Aspen Attn. Sara Nadolny, AICP RE: Aspen Wilds #303 Mechanical Equipment Location Appeal Request 101 W Cooper Feinberg Condo #303 Condensing unit location appeal approval and permit for: Aspen Wilds # 101 E Cooper #303 Aspen, Colorado RE: Appeal request for mechanical equipment proposed location Hello Sara, I want to thank you for giving me the opportunity to appeal this determination. We respectfully request a "hardship" hearing based on internal H.O.A. covenants and structural issues for the proposed staff location for the condensing unit(s). We will provide additional information in the next two weeks. We have documentation from the Aspen Wilds HOA and structural engineer to submit to you for the difficulty for the staff location suggested for the condensing unit(s). We still feel the proposed location for our condensing unit location will meet the land use code objective and be minimal impact to the neighbors and rest of the Aspen Wilds tenants. The portion of Code you we would like to refer to is subsection 26.316.030 — Appeal Procedures. We would respectfully like to discuss our case with the hearing officer. Thank you, Sincerely, Jeffrey C.0 e n Feinberg • CITY OF ASPEN PLANNER: PROJECT: REPRESENTATIVE: :7 PRE -APPLICATION CONFERENCE SUMMARY Sara Nadolny, 429.2741 101 E Cooper, Unit #303 Jeffrey Halferty, 970.948.4537 DATE: September 10, 2015 Updated: May 17, 2016 DESCRIPTION: The subject site is located within the Residential Multi -Family (RMF) zone district and is a third - floor unit in a 9-unit housing complex. The balcony of the unit faces S. Garmisch St. The applicant previously submitted a building permit to locate an air conditioning unit on the balcony of Unit #303, between the building and the street. The permit was not approved by the Zoning Officer based on Section 26.575.020.E.5.n. of the Land Use Code that states, "Heating and air conditioning equipment and similar mechanical equipment are prohibited in all yards facing a Street..." and Section 26.104.100 for the definitions of yard and front yard. The applicant then requested an administrative review by Staff to determine whether this request was eligible for the following exemption: Section 26.575.020.E.5. `The community director may approve exceptions to the requirements of m) and n) above. The Community Development Direct must first determine 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." The m) in the section cited above is titled "Hot tubs, spas, pools, water features, and permanently affixed outdoor grills, furniture, seating areas, and similar permanent structures..." The request was denied by Planning Staff for failing to meet both of the required criteria. The applicant is now requesting to pursue the appeal process pursuant to Section 26.575.020.1. The applicant must provide a basis for the appeal within the application. The Administrative Hearing Officer is the authority on appeals from administrative decisions. As noted in the code, `a decision or determination shall not be reversed or modified unless there is a finding that there was a denial of due process or the administrative body has exceeded its jurisdiction or abused its discretion." The applicant has already responded within the 15 calendar days from the day of the administrative denial, indicating intent to pursue the appeal process. To be scheduled before the Hearing Officer the applicant is required to submit the land use application materials and pay the deposit listed below. Land Use Code Section(s) 26.304 Common Development Review Procedures 26.316 Appeals 26.575.020.E.5 Allowed Projections into Setbacks 26.104.100 Definitions Link to the Land Use Code: http://www.aspenpitkin.com/Departments/Community-DevelopmenUPIanning-and- ?oning/Title-26-Land-Use-Code/ Land Use App: http://www.aspenpitkin.com/Portals/O/docs/City/ComdeviApps%20and%20Fees/2013%201and%2 0use%20aPP%20form.pdf Review by: Staff for complete application Administrative Hearing Officer for determination • Public Hearing: Yes, at Hearing Officer's determination Planning Fees: $1,300 Deposit for 4 hours of staff time (additional planning hours are billed at a rate of $325/hour) $700 Deposit for 4 hours of Hearing Officer time (additional hours are billed at a rate of $175/hour) Total Deposit: $2,000.00 \To apply, submit the following information: ❑ Completed Land Use Application and signed fee agreement. P PP 9 9 19 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. A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application and relevant land use approvals associated with the property. An 81/2" by 11" vicinity map locating the parcel within the City of Aspen. L9. A site improvement survey (no older than a year from submittal) including topography and vegetation showing the current status of the parcel certified by a registered land \ surveyor by licensed in the State of Colorado. O� 1 Complete Copy. If the copy is deemed complete by staff, the following items will then need to be submitted: 3 Copies of the complete application packet and, if applicable, associated drawings. Total deposit for review of the application. C]K 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. Aspen Wilds #303 Mechanical Equipment Location Appeal Request 101 W Cooper Feinberg Condo #303 Standards addressed: We respectfully appeal based on hardship. Pursuant to Section 26.575.020 we appeal the staff recommendation based on the hardship stated below: We have addressed the concerns of staff for the proposed roof location of the condensing unit(s). We have researched the probable suggested location of the roof area for the multiple condensing units. This suggested location is not feasible for the reasons listed and described below. The roof is not a viable option based on the structural issues presented by the proposed location. It would take major structural changes that would affect the entire complex with time and extreme costs. The proposed roof location and its additions would also void any existing warranty for the roof by its numerous penetrations and its proposed serviceability of the mechanical units. We propose the location to be on the top third floor deck recessed out of the visual plane and also to add a louvered mechanic screen to camouflage the unit allowing proper ventilation and to blend in the unit providing visual relief to comply with Land use code Section 26.575.020.E.5.n. To minimize the visual impact to the public. We feel this is the best location to comply with code and meet the clients objective. Thank you for your consideration. Yours, Jeffrey Jeffrey Halferty 970-948-4537 5/23/2016 • 101 W Cooper Ave- Google Maps • 101 W Cooper Ave Aspen, CO 81611 Google Maps https://www.google.com/maps/place/101+W+Cooper+Ave.+Aspen,+C0+81611/@39.189075,-106.8260113,17z/data=!3m 1!4bl!4m5!3m4!lsOx8740397b5a6de81... 1/1 May 16, 2016 City of Aspen 130 S. Galena St. Aspen, CO 81611 RE: Request for Exception from Design Code Section 18.5 (n) from Owner at 101 East Cooper Avenue — Aspen Wild Greetings, I am writing this letter on behalf of the Aspen Wild Homeowners Association Board. The owner of Unit 303 of the condominium has requested an exception to allow a small heating and cooling unit compressor on their balcony as is authorized in the amended design code (Section 18 5. Allowed Projections into Setbacks (n)) to allow equipment in street facing yards as long as it is properly screened). The exception is allowed in the amended design code if authorized by the director of the Community Development and is necessary because the amendment addresses equipment placed in a yard but does not address placement on balconies. The balcony is the only feasible location for placement of the heating/cooling unit. While it has been suggested that the owner has another placement option for the unit, namely the roof, the purpose of this letter is to clarify that this is not the case. The following are considerations evaluated by the Association in developing its air conditioning policy requiring that equipment be placed on a unit owner's balcony: With respect to placement of. equipment on the roof, Aspen Wild Condominium was built approximately 38 years ago. The roof was not designed to accommodate placement of mechanical equipment. The Association has spent thousands of dollars repairing the roof due to leaks. Placement of equipment on the roof would require penetration of the roof and would create additional risks for future leaks. As a result, the Association felt it was in the best interest of the structural integrity of the building to not allow placement of equipment on the roof Placement of equipment on the roof would compromise the performance of the heating unit. The owner has been advised by the contractor that accumulation of snow around the unit will adversely affect the heating functionality of the unit. Therefor for a 9 unit condominium, such a situation is unworkable given the difficulty in accessing the roof. For this reason the balcony was selected as the best place to locate the unit so that the owner can manage snow build-up. Further the size is limited by the Homeowners Association to ensure that the unit will be masked by balcony railing as an aesthetic consideration. If you have any questions, please do not hesitate to contact me. Ron Aspen Wild Homeowners Association 6/ Calvetti Engineering, Inc. Andrew L. Calvetti, P.E. 9141 E Waters Ave. 1118 Aspen, Colorado 81611 Pli / Fax 970-925-8969 S/23/16 City of Aspen, Colorado Building Dept. / Plan Review 130 Galena St., Yd Fir Aspen, CO 81611 Ph (970) 4129-27411 / Fax (970) 920-54139 Attn: Ms. Sara Nadolrry, Planner Email: saramadolnv cr cityofaspen.com Re: Feinberg Residence / 101 E. Cooper Ave. / Unit # 303 / Aspen Wild Condominiums / Aspen, CO 81611 / Proposed AC Unit Addition Ms. Nadoly: This letter is being written at the request of Mr. Jeffery Halferty to provide structural commentary regarding the proposed addition of a small energy efficient air conditioning unit at the above referenced location. I have done a preliminary review of the proposed AC unit addition and have concluded that the least intrusive and least expensive modification to the existing structure would be to place the compressor unit on the exterior balcony as previously requested. I am in agreement with the letter written by the HOA Manager, dated May 16, 2016 for this proposed project. The allowable roof design loads would require additional study to determine if this and additional units could be added to the roof. The existing decks would be more acceptable and not require any renovation for this additional load. Should you have any fnr•ther questions, please call or write. Sincerely, r Andrew L Calvetti, P.C. CO 30628 CC: Mr. Jeffery Halferty,llalfery, Design P.O. Box 3725 ilspen, CO 81612 Ph (970) 9418-41537 li;►nail: ,jhdesign(ii�sopris.net Good Morning JeffCIZ - I'm following up from last week about putting the AC onto the ground. We can put the unit on the ground, I think the problem with that is we have to attached to and run over other people's property with the HVAC lines and the power lines. Furthermore, the alley side of the building has very limited space, may be tougher to keep "snow free" in the winter with the plows running and whatnot. Efficiency wise there's not much difference, however, there is more labor involved to put the unit onto the ground. Thanks -Chris Chris Allen, Sales callen(a�cccaws.com (970) 989-5247Cell (970) 384-4613Qirect Line (970) 945-8128 Fax (970) 479-6390Vail Valley 3 CLIMATE MONTROL_ OMPANY you . U3 !Notice of Confidentiality: This message and any attachments may contain confidential and privileged information. If it has been sent to you in error, please reply to advise the sender of the error and then immediately delete this message. A NTROL "--' LIMUE low& 1;8 - COMPANY Gmf jr rt Driven. C olurado Style... since / 956. May 23, 2016 To: Whom it may concern RE: Aspen Wild #303 In regards to unit location: The condensing unit can put the unit on the ground, however the problem with that is we have to attached to and run over other people's property with the HVAC lines and the power lines. Furthermore, the alley side of the building has very limited space, may be tougher to keep "snow free" in the winter with the plows running and whatnot. Efficiency wise there's not much difference in the summer, however, in the winter the unit could become blocked and not work. There is also more cost to the owner to run the power and the HVAC lines to the ground. This unit heat pump and absorbs heat from outside so it needs to remain clear of snow. If the unit gets buried it has to be shoveled out. Because of this a covered deck is an ideal location for a heat pump to operate. Thankyou- Chris Allen, Climate Control Company 1537 Countv Road 130 • P.O. Box 10.42 a Glenwood Springs, CO 81601 ClimateControlCompanv.com a (970) 945-2326 Office a 945-8128 Fax a 479-6390 Vail L� • 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 5. Survey 7. Drawings/Elevations 3. proposal Letter ATTACHMENT 2—LAND USE APPLICATION 'ROJECI': Name: - Location: (indicate street address. lot & block number, legal descri 7tion where appropriate) Parcel II) # (RE?OUIRED) tPPLICANT: Name: Address: Phone RFPRF%F,yrATIVE: Name: Address: Phone # f i 1 z rr. ur Arrt.ICA ION: (please check all that apply): ❑ GMQS Exemption ❑ Conceptual PUD ❑ Temporary Use ❑ GMQS Allotment ❑ Final PIID (& PUD Amendment) ❑ Text/Map Amendment ❑ Special Review ❑ Subdivision ❑ Conceptual SPA ❑ ESA — 8040 Greenline, Stream ❑ Subdivision Exemption (includes ❑ Final SPA (& SPA Margin, Hallam Lake Bluff. condomini4mization) Amendment) Mountain View Plane ❑ Commercial Design Review ❑ Lot Split ❑ Small Lodge Conversion/ Expansion ❑ Residential Design Variance ❑ Lot Line Adjustment Other: Conditional Use EXIS'rINC CONDITIONS: (description of existing buildings. uses, previous approvals, etc. ROPOSAL: (description of proposed buildings. uses, modifications, etc. ttaVe you attaches the tollowing'' FFFs DUE: Q 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-U model. Your pre -application conference summary will indicate if you must submit a 3-D model. 0 • Helen Hough Feinberg 404 Pass -a -Grille Way St. Petersburg, FL 33706 Tel: (727) 452-4554 helen.feinberg@rbccm.com February 8, 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. As I understand, the 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 of this size 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. Limited Options: My unit is located on the third floor of our condominium. There are other locations I could place the unit but they would either be unsightly or would impact the efficiency and operation of the unit. For example — I could mount the unit on the back of the building and while that would be compliant with current code, it would have a much greater negative visual impact on the building than placing the unit on my balcony where it can be screened. It is possible to place the unit on our roof, however, roof penetration may result in leaks and the unit efficiency will be diminished due to increased distance from the interior unit and accumulated snow. 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 approximately the same height as our 44" railing as can be seen in the attached drawing. The louvered screen will be painted a color similar to the building, therefore the unit should not be noticeable from the street. Furthermore, there are trees along our building which 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 properly screened Mitsubishi unit on my balcony so that I may install this energy efficient heating/cooling unit. I am attaching a drawing indicating the depth and height of the unit relative to the size of the balcony and height of the railing indicating that the unit will not exceed the railing height and will have a depth of approximately 25". 1 am also attaching specifications for the heating and cooling unit which shows the dimensions as well as specifications for the type of screen we plan to use to improve the aesthetics of the unit. If you have any questions, please call me at (727) 452- 4554. Many thanks for your consideration. Sincerely, Helen Hough Feinberg • 0 Agreement to Pay Application Fees I yn agreement oetween the uity Ot Asoen ('C: Property Helen Hough Feinberg Phone No.: 727.452-4554; helen.feinberg@rbccm.com Owner (`I"): Email: Address of 101 East Cooper Ave # 303 Billing 404 Pass -a -Grille Way Property: Aspen, CO 81611 Address: St. Pete Beach FL 33706 (subject of application) ;send bills here) 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. S.0 flat fee for Select Dept $ 0 flat fee for _elect Dept 5 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 Feinberg Aspen • •• Owner City Use: 325 Title. antar2f �: ^5' Ctt off'Aspen.t3t G`afienSJlkr2(S€t 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 structures 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 determire 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://tivww,aspenpitkin.comIDepartments/Community-DevelopmenUPIanning-and-Zor.inq/Title-26-Land-Use-Code/ Relevant Land Use Code Section(s): 26.304 Common Development Review Procedures 26.575.020 Calculations and Measurements 26.575.020.E.5 Allowed Projections into Setbacks 26.710.090 Residential Multi -Family (RMF) Review by: Staff for completeness and review. 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). • 9 ❑ Site improvement survey including topography ar:d 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 'actual representations that may or may not be accurate, The summary does not create a legal or vested right. Helen !lough Feinberg 304 Pass -a -Grille Way St. Pete Beach, FL 33706 1'el: (727) 895-8892 cell: (727) 452-4554 hclen.fein berg(u�rbccm.com Justin Barker, Senior Planner City ol' 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 Halfe'rty 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 Sox 3725 Aspen, CO 81612 Email: jhdesi ng a�sopris.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 Group 9 0 i 'Aomeo ner 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 b� the property owner or Attorney representing the property mvner. Name: Property f Owner M' Email: Phone No.: Address of Property: i,subject of applications I certify as follows: (pick one) ❑ This property is not subject to a homeowners association cr 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 homer,,, ners 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 document. Owner signature: date: Ownerprinted name. - Attorney signature: date-. Attorney printed name: 0 0 =rorn: Carruthers, Marilyn <Man lyn.Carruthers@stregis.com > Sent: Wednesday,August 35, 2015 11:38 AM , 0: Feinberg, Helen; Ghislaine Rey Cc: Ron Erickson (ron@aspenreservations.net); Marilyn Carruthers Aspen Wild (mcarruthersl2@icloud.com) 5ab;ect: RE: Aspen Wild Air Conditioning Request RF_SIi)1;NCl: CLUB CONCIERGE '1-I iF, S r. 121?<:i5:1tiE'1 DJ RISURT. ;Its F, I)F.AN I l'RFIsr, A.tiPFN, CO 81611 T 970.aaO.gO9.5 1: 070- 429.9509 MAJESTIC S223IT OF THE ROCZIES From: Feinberg, Helen { cg=r�crn' � Sent: Monday, August 03, 2015 3:21 PM To: Ghislaine Rey Cc: Ron Erickson {rCrrr„<__;_,7 c=�. ;G .!; Carruthers, Marilyn; Marilyn Carruthers - Aspen Wild Subject: RE: Aspen Wild Air Conditioning Request From: Ghislaine Rey i Sent: Monday,August 03, 2015 5:13 PM To: Feinberg, Helen Cc: Ron Erickson' - ;; Marilyn Carruthers r. Aspen Wild ( ) Subject: Re: Aspen Wild Air Conditioning Request aoiit 2015 a 07:45, Feinberg, I Men a &rit 9 Marilyn Carruthers - • • Feirberi Heien From: Carruthers, Marilyn<Marilyn.Carruthers@stregis.com> Sent: Wednesday,August 05, 2015 11:38 AM 'o: Feinberg, Helen; Ghislaire Rey cG Ron Erickson (ro n @aspen reservatio ns.net); Marilyn Carruthers - Aspen Wild (mcarruthersl2@icloud.com) Subject: RE: Aspen Wild Air Conditioning Request ;aprove also. i KFSII)1?NG T. (IT C(TNCIEiZGE 1'I i1S ti l'. REG1S ASPEN Itl'S(>R"f, ;115 is I1EAN SI'I� I:1', .1SYI,N, ('0 81611 1' 970,429.909,5 F 970•429.9509 1' s£Gi$A PEICCUM P�.�-fkJ 'RESORT ,� F MA12STIC $71-alT OY T3" ROCIII5 From: Feinberg, Helen f._ _ ?£n.rint)erGrl;ccm,cor?7 Sent: Monday, August 03, 2015 3:21 PM To: Ghislaine Rey Cc: Ron Erickson ' ); Carruthers, Marilyn; Marilyn Carruthers - Aspen Wild Subject: RE: Aspen Wild Air Conditioning Request Manv thanks Ghislaine , leien Hough Feinberg Manaex g Director PBC Capitai Markets i;127) :395-8892 From: Ghislaine Rey ( 1 Sent: Monday,August 03, 2015 5:13 PM To: Feinberg, Helen Cc: Ron Erickson f Marilyn Carrutherss,:._: �; Marilyn Carruthers - Aspen Wild Subject: Re: Aspen Wild Air Conditioning Request Istaiiin.x a Milsubishi healing .illd cuk:A n_ 5,'SCe.11 ill. tl ul, 11111F. :'.5 a+:>Cr1hc(�. Le 3 aoiit 2015 a 07:45, Feirberv, I ielen a &rit 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. Manythanks— Regards, Helen Feinberg Helen Hough Feinberg Managing Director RBC Capital Markets 100 210 Avenue South, Suite 800 St. Petersburg, FL 33701 (727) 895-8892 Office (727 452-4554 Cell This F-Mail (including arty 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. Any distribution, copying or other use of this E-Mail or the information it contains. by other than an intended recipient, is not sanctioned and is prohibited. If you received this E-Mail in error, please delete it and advise the sender (by return E-Mail or otherwise) immediately. This F.-Merl (including any attachments) has been scanned for viruses. 11 is believed to be free of any virus or other defect that might affect any computer system into witch it is received and opened. fowever, it js the responsibility of the recipient to ensure that it is virus free. The sender accepts no responsibility for any loss or damage arising in any way from its use. E-Mail received by or sent from ROC Capital Markets is subject to review by Supervisory personnel. Such communications are retained and may be produced to regulatory authorities or others with legal rights to dte information. IRS CIRCULAR 230 NOTICE: TO COMPLY WITH U.S.-REASURY REGULATIONS, WE ADVISE YOU TFAT ANY U.S. FEDERAI TAX ADVICE INCLUDED IN THIS COMMUNICATION IS NOT INTENDED OR WRtTTEN TO BE USED, AND CANNOT BE USED, TO AVOID ANY U.S FEDERAL TAX PENALTIES OR TO PROMOTE. MARKFT, OR RECOMMEND TO ANOTI WR PARTY ANY TRANSACTION OR MATTER. This electronic message transmission contains information from the Company that may be proprietary, confidential and/or privileged. The information is intended only for the use of the individual(s) or entity named above. I f 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. 0 • Helen bough Feinberg 404 Pass -a -Grille Way St. Petersburg, FL 33706 Tel: (727) 452-4554 helen.feinberg@rbccm.com August 2. 1-015 Aspen Wild Board CIO Ron Erickson 600 East Hopkins Ave. #203 Aspen, CO 81611 RE: Request for approval to install Mitsubishi cleating 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-FE 18NA 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 9303. 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 contractof' indicating the highest level of training in the installation of Mitsubishi heating and cooling units. 1 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. Sinc.rely. I lelen Ilough Feinberg ELECIC COOLING & HEATING Job blame: System Reference: T � Date: Irdoor Unit MSZ-FE 18NA Njre4ess Rermte Conrro✓ler (.)CdoorUnR MUZ+E18NA GENERAL FEATURES • Highly energy -efficient system with quiet operation • Updated sleek, compact indoor unit design • ?ncudes Nano Platinum and Anti-aiiergy Enzyme filters • "Powerful Mode' function permits system to temporarily run at a lowerfhtgher temperature with an increased fan speed, which quickly brings the room to the oprmum comfort level • Hand-held Wireless Remote Controller • Limited warranty: five years parts and seven years compressors ACCESSORIES Outdoor Unit i Base Heater (MAC-642BH-U) n Three -pole Disconnect Switch (TAZ-MS303) u Air Outlet Guide (MAC-886SG-E) i s Mounting Base (DSD-400N) ❑ Mounting Pad (ULTRiLITE1) r Drain Socket Assembly (MAC-86ODS) Indoor Unit i . Condensate Pump (S13100-230; 230V) r. Replacement Anti -allergy Enzyme Filters (MAC-2310FT-E; 2/set) Controller Options r^ Wireless Wall -mounted Remote Controler Kit (MHK1)' L Portable Central Controller (MCCHV L Outdoor Air Sensor (MOS1)• r. Wired Wall -mounted Controller (FAR-31MAA requires MAC-3331F)' Simple MA Remote Controller (PAC-YT53CRAU requires MAC-3331F)• 'See Submittal for information on each op`ion. System Control Interface (MAC-3331F) Remote Temperature Sensor (M21 J;{C-307) Lockdown Bracket for Hand-held Controller (RCMKPICB) Speaficattons are subject to change without notices. r, 2015 Mitsubishi ElectnC US. InC. Cooling' Rated Capacity .... ...... ..... ............ ....18,000 Btu/h Minimum to Maximum Capacity Range ......8,200 - 25,200 Btu/h SEER .................................... . 20.2 BtuibM EER .......... . ........................... 14.2 Stu/hW 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 BtuRM COP............................................. 4.11 Total Rated Input.................................1.540 W ,seating at 17° F' Rated Capacity ............. ....... ........... 11,700 Stu/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* P Maximum Capacity" ..... ............... ......21,600 Btu/h W AHRI Standard Codling ( Indoor. 8O° F (27° C) DB 1671 F (190 C) WB Cooling (Outdoor. 95° F (35° C) DB 175° F (24° C) WB Heating at 47°F Indoor. 70° F (21 ° C) DB 160° F (16° C) VVB Heating at 47°F Outdoor. 47° F (8° C) DB / 43° F ;6° C) WB Heating at 17° F ( Indoor 70° F (21° C) DB / 60° F i 15- C) WB Heating at 17° F ( Outdoor: l7° F (-W C) DB / 15° F (-9° C) WB Heating at 5° F ( Indoor. 70° F (21° C) CB 160° F (16° C) WB Heating at 5° F Outdoor. 5° F (-150 C) DB 150 F (-15° C) WB "Manmrm Capacity is at full speed and performance for INVERTER -driven System. Electrical Requirements Pourer Supply .................... 208 / 23OV, 1-Phase, 60 Hz Breaker Size ................. ......................24 A Voltage Indoor - Outdoor St-S2 .......... . ........... AC 2081230V Indoor - Outdoor S2-S3 ......................... DC +/- 24V Indoor - Remote Controller ............ ..........mHK1 DC 3V PAR-31MAA DC 12V PAC-YT53CRAU DC 12V OPERATING CONDITIONS Indoor IntakeA-r)utdocr Intake Air Tem . Temp. Maximum 90° F (32° C) :-..3 73° F ( 3° C WB 115° F (46° C) OB Cooling Minimum 67 F (190 C) DB 57°F 14 C WB 14° F (-10° C) OB Maximum 80° F (27° C) DB 75° F (24° C) OB Heating I 67° F 19° C WB 65° F 18° C WB Minimum 7Q° F (21° C) DB -13° F (-25° C) DB 50° F 16° C VVB J 5° 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). 'dotes: Specifications are subject to change without notice. 2015 Vrtsubishi Flectnc US, Inc. Indoor Unit MCA............................................... 1 A Blower Motor (ECM) ............................ 0.76 F.L.A. Air`,tow 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 - Mad - Hi - Powerful)....... 34 - 41 - 49 - 53 dB(A) "eating (Lo - Med - Hi - Powerful)....... 32 - 41 - 49 - 52 dB(A) 1 DIMENSIONS UNIT INCHSS I 3 W 143-5116 / 1.116 D 9-3/81238 H 12-13116 / 325 Weight....................................37 Ibs. / 17 kg Moisture Removal. .................M. ..... 2.7 pt./h Extemal Finish ...........................1.OY 9.2 / 0.2 Field Drainpipe Size O.D..................... 5W 1 15.88 mm Outdoor Unit Compressor .................. CC Inverter -driven Twin Rotary MCA..............................................17A A Fan Motor (ECM) ............................... 0.93 F.L.A. Sound Pressure Level Cooling.......................................55 dB(A) Heating .......... ...........55 dB(A) DIMENSIONS INCHES / Imm W 33-1/16 + 3-3/16/ W + 81 �D 13/330 I H 34-5181880 Weight ..... . ................. . ........... 119 Ibs. 154 kg Extemal Finish .................. ...Munsell No. 3.OY 7.8 / 1.1 Refrigerant T ................... , ...... R410A Refrigerant Pipe Size O.D. Gas Side ......... . ......... . ............ 5/8.1 15.88 mm Liquid Side .... . . . . ........................ 3/8" / 6.35 mm Max. Refrigerant Pipe Length ..................... 1O0' 130 m Max. Refrigerant Pipe Height Difference ............. 5a / 15 m Connection Method ................................. Flared • • ASPEN WILD CONDOMINIUM ASSOCIATION How T o Choose A, Room heir Condifloner to co rr;cly wilth ASPEM WILD �egula ions.... 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 H®A 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 .s commons area and is managed by the Homeowners Association.) Therefore for easy understanding to addressing solutions, sere is some helpful information 1. HCA 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, ccmpressors will be located on concrete pads on the east patios adjacent to each unit. For units on the second and third floors, compressors ,viil be placed on an insulated. shock proof pad on the balcon%i. :tearior ducting will be enclosed in low visibility conduit and -nter the !snit at the shortest point from t1he outside compressor. Please note that the attached specification sheet is for an 18,000 BTU/H wall mounted Neat Pump System that provides both cooling and heating. Mitsubishi Electric aiso makes units that only provide cooling (without heat) and they make smaller units which may be less expensive and sufficient to heat/ccel units that don't have vauited ceilings. • • 3900 Dr. Greaves Rd. a Kansas City, MO 64030 & (816) 761-7476 0 FAX (816) 765-8955 STANDARD CONSTRUCTION FRAME 6063T5 extruded aluminum with .060" (1.5) nominal wall thickness. BLADES 6063T5 extruded aluminum with .060" (1.5) nominal wall thickness. Chevron blades are spaced approximately 2" (51) center to center. Blades positioned at 600 angle. SCREEN 5/8" x .040" (16 x 1) expanded, flattened aluminum bird screen. Screen adds approximately 1/2" (13) to louver depth. FINISH Mill. MINIMUM SIZE 8"w x 8"h (203 x 203). APPROXIMATE SHIPPING WEIGHT 4 ibs. per sq. ft. (20 kg/mz). MAXIMUM SIZE 48"w x 96"h (1220 x 2438). ELF22V STATIONARY LOUVER EXTRUDED ALUMINUM B' FRAME CONSTRUCTION V \ Bird F A'xB' I Standard Integral Flange Dim. VariesM Water Lstop 1- F___1 �2"� (51) ELF22V Dimensions in inches, parenthesis ( ) indicate millimeters. FEATURES The ELF22V offers: • 28% free area (4' x 4' size). • Corrosion resistant, aluminum construction. • Outstanding durability and low maintenance. • Sightproof chevron blades which provide pri- vacy, conceal equipment, prevent vandal- ism, and act as a safety barrier to dangerous areas. VARIATIONS Variations to the basic design of the louver are available at additional cost. They include: • Extended sill. • Flanged frame. • Hinged frame. • Front or rear security bars. • Filter racks. • A variety of bird and insect screens. • Selection of finishes: baked enamel (modi- fied fluoropolymer), epoxy, integral color and clear anodize, Pearledize and Kynar. Consult Ruskin for other special requirements. *Units furnished 1/4" (6) smaller than given opening dimensions. CITY. SIZE FRAME VARIATIONS A* -WIDE B*-HIGH PROJECT LOCATION CONTRACTOR Spec ELF22V-1007/Replaces ELF22V-803 ALL STATED SPECIFICATIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE OR OBLIGATION. © Ruskin 2007 • r: TYPICAL INSTALLATION DETAILS Angle Subframe Metal Panel Wall Flange Mount Masonry Wall Wood Installation ( FREE AREA GUIDE Free Area Guide shows free area in ft' and mZ for various sizes of ELF22V. Width - Inches and Meters 12 18 24 30 36 42 48 .30 .46 .61 .76 .91 1.07 1.22 12 0.18 0.30 0.42 0.54 0.66 0.78 0.90 .30 .02 .03 .04 .05 .06 .07 .08 18 0.30 0.49 0.69 0.89 1.09 1.09 1.48 .46 .03 .05 .06 .08 .10 .12 .14 24 0.41 0.69 0.97 124 1.52 1.79 2.07 .61 .04 .06 .09 .12 .14 .17 .19 30 0.53 0.89 1.24 1.59 1.95 2.30 2.66 .76 .05 .08 .12 .15 .18 .21 .25 36 0.65 1.08 1.51 1.95 2.38 2.81 3.24 .91 .06 .10 .14 .18 .22 .26 .30 42 0.77 1.28 1.79 2.30 2.81 3.32 3.83 1.07 .71 .12 .17 .21 .26 .31 .36 48 0.88 1.47 2.06 2.65 3.24 3.83 4.41 1.22 .08 .14 .19 .25 .30 .36 .41 54 1.00 1.67 2.33 3.00 3.67 4.33 5.00 1.37 .09 .16 .22 .28 .34 .40 .46 60 1.12 1.86 2.61 3.35 4.10 4.84 5.59 1.52 .10 .17 .24 .31 .38 .45 .52 66 1.23 2.06 2.88 3.70 4.53 5.35 6.17 1.68 .11 .19 .27 .34 .42 .50 .57 72 1.35 2.25 3.15 4.05 4.96 5.86 6.76 1.83 .13 .21 .29 .38 .46 .54 .63 78 1.47 2.45 3.43 4.41 5.39 6.36 7.34 1.98 .14 .23 .32 .41 .50 .59 .68 84 1.59 2.64 3.70 4.76 5.82 6.87 7.93 2.13 .15 .25 .34 .44 .54 .64 .74 90 1.70 2.84 3.97 5.11 6.25 7.38 8.52 2.29 .16 .26 .37 .47 .58 .69 .79 96 1.82 3.03 4.25 5.46 6.67 7.89 9.10 2.44 .17 .28 .39 .51 .62 .73 .85 102 1.94 3.23 4.52 5.81 7.10 8.40 9.69 2.59 .18 .30 .42 .54 .66 .78 .90 108 2.05 3.42 4.79 6.16 7.53 8.90 10.27 2.74 .19 .32 .45 .57 .70 .83 .95 114 2.17 3.62 5.07 6.52 7.96 9.41 10.86 2.90 .20 .34 .47 .61 .74 .87 1.01 120 2.29 3.82 5.34 6.87 8.39 9.92 11.45 3.05 .21 .35 .50 .64 .78 .92 1.06 3900 Dr. Greaves Rd. Kansas City, MO 7 � vFAX (8 6 765-895530 FOR (TO) --•:1 L 1i n �:':,,' r - BY (FROM) JOB (SUBJECT) DATE n _.r..,..3.. r......•._........_.......:......_.I•...... ..... ... .w...�._.q. _a_..y_.r.n.. ».._....:...... .... .,.». ]....s.-.,.: _..».... ......s.,... .. 2 ......_....._...._.:..•.....:..__,.._..,...._..«...._»'C•.n.................o ._...1,..,n._ ��1!wwawxovai t : ......,.. .....,._.,�..__..b..w ...._. ,.�...,:••,. ..,.� .......J.««... yY4'4�S,dr...�a,ru„Ii�.«.w.w.n,� ,..._...,........_................_..:..,.•.»_n....•....:..,......,........: „....._-c....a.»,. <...:.».. ..«. i } c s , , ..t....._ n Y .... Y._. s m�;:Aw^'{•^-a•.•eM•rr... «. ..•. ........ ................... ... ; k i .»s �• 4 i r 1 � ,. s i- i t y �t - CLIMATE P.O. Box 1042 CONTROL ales -Service Conditioning • Heating Air 1537 - 130 Road 5-2326 �� Sales •Service • Installation Glenwood Springs, CO 81602 COMPANY (970) 0) 945-81 FAX (970) 945-8128 l.ou1/nrr Uri: cu. Golamdo Srrle... sinre 1956. MITSUBISHI /- A ELECTRIC COOLING & HEATING Ilt CORE ! � Job Name: System Reference: Date: Indoor Unit: MSZ-FE18NA mod: Wireless Remote Controller Outdoor Unit MUZ-FE18NA GENERAL FEATURES • Highly energy -efficient system with quiet operation • Updated sleek, compact indoor unit design • Includes Nano Platinum and Anti -allergy Enzyme fifters • "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 (DSD400N) ❑ Mounting Pad (ULTRILITEI) ❑ Drain Socket Assembly (MAC-860DS) Indoor Unit ❑ Condensate Pump (S13100-230; 230V) ❑ Replacement Anti -allergy Enzyme Filters (MAC-2310FT-E; 2/set) Controller Options ❑ Wireless Wall -mounted Remote Controller Kit (MHK1)' ❑ Portable Central Controller (MCCH1)' ❑ Outdoor AirSensor(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 (RCMKPI CB) Specifications are subject to change without notice. C9 2015 Mitsubishi Electric US, Inc. 17 I61 3 iy J' 7 pry l i 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 5" F' Maximum Capacity`•..........................21,600 Btu/h Rating Conditions per AHRI Standard Cooling Indoor. 800 F (2r C) DB / 670 F (190 C) WB Cooling Outdoor: 950 F (350 C) DB / 750 F (240 C) WB Heating at 47°F Indoor. 701 F (211 C) DB / 600 F (161 C) WB Heating at 47OF Outdoor. 470 F (80 C) DB / 430 F (60 C) WB Heating at 170 F Indoor. 700 F (210 C) DB / 600 F (160 C) WB Heating at 17° F Outdoor. 171 F (-8° C) DB / 151 F (-9° C) WB Heating at 5° F Indoor. 700 F (210 C) DB / 600 F (16° C) WB Heating at 5° F Outdoor. 5° F (-150 C) DB / 5° F (-150 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-31 MAA DC 12V PAC-YT53CRAU DC 12V OPERATING CONDITIONS Ind00rintakeAir Outdoor Intake Air Temp. Temp. Maximum 90° F (32° C) DB 1150 F (46° C) DB Cooling 73 231 C WB Minimum of 67o 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 19 WB 65 f 180 WB Minimum of oC 70 F (21 C) DB -130 F (-25 C) DB 600 F 160 C WB -150 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 (-250C). Notes: Specifications are subject to change without notice. C 2015 Mitsubishi Electric US, Inc. 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 `ISZ-FE18NA MUZ-FE18NA 1� rml— 9 11 3 '3-1E 7-118 z-5i1� �11 -A'18 -9118 REQUIRED SPACE 15-7/16 Drain hole a 1-518 Perm /—.9/� ' / 7n.4 i I Aron "' 2-nolestsr3zx131ta 1s�a°r is-tvle us J 4erso intertek FORM# MSZ-FE18NA / MUZ-FEI8NA- 201503 Specifications are subject to change without notice. Q 2015 Mitsubishi Electric US, Inc. Unit: inch :::::I -- - 1 e-I d •i•e Y — el - - -1 Insulation 102 0.13 n L uid line �03l8 19-111111 Flared wnnecti.n 03/8 a Gas line16-15116 Flared connection 0518 Drain hose I Insulation 01-118 Connected part 0518 O.D L,god retngeram p pe lomt 3ehig—m pipe ,Oared) o N8 i M*Verant . Mm ROngerard pipe (Oared) a Sill Unit: inch MITSUBISHI ✓ ELECTRIC COOLING & HEATING 1340 Satellite Boulevard Suwanee, GA 30024 Toll Free: 800-433-4822 www.niehvac.com • 0 Helen Hough Feinberg 404 Pass -a -Grille Way St. Petersburg, FL 33706 Tel: (727) 452-4554 'tcicn.feinbcrg(i%rbccni.com Justin Barker February 29, 2016 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. 1 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 heatinglcooling 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. Undercurrent 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. I-urthermore, 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. • 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 trom the street. • Promote Energy Efficiency: Lastly, this type of smaller heating/cooling units is tar more energy efficient than baseboard heaters which we currently use. I would greatly appreciate it if the Community Development Director would grant an e:ceeption and allow me to place a Mitsubishi unit on my balcony so that I may install this energy eticient 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, Helen Hough Feinberg Aspen Wild view of unit placed on street facing balcony from Garmisch St — AC/Heating Unit Photo Shop Actual Unit would be a) smaller, b) painted building color or c) screened N i�j -A V4 TA %t 7 4 Off'. t 'r4tl 7 .1. 9 0 ` il� Ir Photo ofAC/Heating unit mounted onback ofbuilding. Photo shop does not indicate where the pipes wrapped with achase would beplaced, They would need totravel along the front ofthe building. Because the unit issovisible, Home Owner Association would not approve. • • View of balconies and back of building from Garmisch Street. This view indicates how visible the back of the building is and how it is difficult to see balconies. • 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: 1 Authorized Officer JOB NO: ACCOM2732 RECEPTION#: 567177, /2010 at 11:58:20 AN, 1 OF 2, R $110 DF $60.00 Janice ACaudill, Pitkin County, CO Ji �(bQa GENERAL WARRANTY DEED THIS DEED, made this 16t° day of February, 2010 between WILLIAM R. HOUGH and HAZEL C. HOUGH, (-'Grantors"), whose legal address is l 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 J( , 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 Ln 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 ail 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 FIAVE 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 subiect to Real Property taxes for 2010 payable in 201 1; 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. LN WITNESS WHEREOF, the Grantor executed this deed on the date set/forth above. 2 William R. Hough Hazel UHough :14 i i "AID b` F'i'f I' tIC Pd DATE REP NO, Dxrz - !(,v,4- 37W 5 r'o. G/23/ra i�� 37c� l q RECEPTION#: 567177, 0/2010 at 11:58:20 AM, 2 OF 2, • Janice K. Vos Caudill, itkin County, CO STATE OF f� rb~ 1 ss. COUNTY OF The foregoing instrument was acknowledged before me this J$ day of CA ✓u ' 1 2010, by William R. Hough and Hazel C. Hough. WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: [Seal] 1iELEN M EWIN ,� l W olsome"M °� �I 10134 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�sjer�ms. r�^^ Helen Hough Feinberg STATE OF 1' � o c-1 C I ss. COUNTY OF et` h a -3 The foregoing instrument was acknowledged before me this day of 2010, by Helen Hough Feinberg. Q WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: [Seal] 4. BELE14 M EVM r W a0na SSM M ouan7ra`— Er-pm Avpr p. ton nW"V. ' C- Notary Pu lir 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. Than You, MAR 2 4 2016 Jennifer P , Deputy Planning irector i } City of Aspen, Community Development Department 'I For Office Use Only: Mineral Rights Notice Required Yes No_2!�-- GMQS Allotments Yes No Qualifying Applications: New PD Subdivision, or PD (creating more than I additional lot) Residential Affordable Housing Commercial E.P.F. Lodging 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 5. Survey 7. Drawings/Elevations S. Proposal Letter MAR 17 2016 CiTy OF A_ e +� • ATTACHMENT 2—LAND USE APPLICATION PROJECT: Name: [H . -en E~ Du. h F i r: — f , l Location: (t_C r �/► wt 44--30 �, f}� Qer) (6 ( Indicate street address, 1 tb & block number, legal descryP f on where aPPro I Parcel ID # (REQUIRED) L_fl nb Uso plop � .PPLICANT: I -CC "r'ec le(l r fame:_��1 .� 1 ddress: L' i 13 z� r'; —t�t'� (�� t��'�d T�� P_�E' �`? �Z'C_�� i �— 33ZC& lione#: �'a��' RE, PRESENTATIVE: Name: Address: ) q %0�`5 Phone #: ! 0- 9 J 3— 4 � 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, condom iniumization) Amendment) Mountain View Plane ❑ Commercial Design Review ❑ Lot Split ❑ Small Lodge Conversion/ Expansion ❑ Residential Design Variance ❑ Lot Line Adjustment ,r Other: ❑ Conditional Use 3XISTING11CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) L"A3' 0I-Pi(motUV7-'� PROPOSAL: (description of proposed buildings, uses, modifications, etc.) I IP(Qc� tr -Sad hpaIr �'A I► Guni� on h1 Cr'V)v (:�c.rrpnr) i-'l er, " jJity'jC-)_f +c? �'!2 i o )► _ Have you attac ed the following? FEES DUE: $ 446100 pos! �— Pre -Application Conference Summary Attachment #I, Signed Fee Agreement ❑ Response to Attachment #3, Dimensional Requirements Form ❑ Response to Attachment 94, Submittal Requirements- Including Written Responses to Review Standards ❑ 3-D Model for large project All plans that are larger than 8.5" X l 1" 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. d (� � � � ^ • its .Y� ,+' G t"ram Y'�Z � � .� � � �� , � �.P � � � `�� ,agreement to Pay Application Fees Fr' An aareement between the latV or Property Helen Hough Feinberg Phone No.: 727452-4554; helen.feinberg@rbccm.edm, Owner ("I"): Email: Address of 101 East Cooper Ave # 303 Billing 404 Pass -a -Grille Way Property: As Address: Aspen, St. Pete Beach, FL 33706 ; ¢. (subject of p CO 81611 (send bills here) -r application) 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: r Name: Helen Hough einberg Aspen • Condominium Owner City Use: 325 itle: K � Januar}7pwl=� C►t�CoAspe�t1'30SG:tlen�nS �:(970}9'_0-5U90` 0 0 CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Justin Barker, 970.429.2797 *e,_ Aff 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.aspenyitkin.com/Departments/Community-DevelopmenUPlanning-and-Zoning/Title-26-Land-Use-Code/ Relevant Land Use Code Section(s): 26.304 Common Development Review Procedures 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 ASPIEN Review by: Staff for completeness and review. '4T,10IWITY 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. 0 HOA Compliance form (Attached). • 9 ❑ 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. 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, COLCRADO, 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 Clark. 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 TONE 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: ACCCM2732 2ECEPTICti#: 567177, 02/23/2010 at 11:59:20 XM, 1 OF 2, Q $11.00 DF $60.00 Janice K. Vos Caudill, Pitkin County, CO GENERAL WARRANTY DEED THIS DEED, made this 161 day of February, 2010 between WILLIAM R. HOUGH and HAZEL C. HOUGH, ("Grantors"), •.whose legal address is I Beach Drive SE 91002, St. Petersburg, FL 33701-3908 and HELEN HOUGH FEINBERG ("Grantee") whose Iegal address is 702 Pass A Grille Way, St. Petersburg, FL 33706-4335, County of ejE�, State of Florida. INITNESSETH, That the Grantors for and in consideration of the sum of TEN DOLLARS ,510.00) and ether good and valuable consideration, the ocelot and sufficiency of which is hereby acknowledged, have granted, bargained, sold and conveyed, and do by these presents grant, bargain, self, 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 Mkin County, Colorado, in Niap 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 349 at page 557. Pitkin County, Colorado; RESERVING. HO-WEVER,—untoathe Graitors..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 properry 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, 7ant, 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 -remises above conveyed, have good, sure, perfect, absolute and indefeasible estate of inheritance, in iaw, 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 Iklnd or nature whatsoever, except and subject to Real Property taxes for 2010 payable in 2011; and THOSE ITEMS DESCRIED ON EXHIBIT "A" A i I'ACHED HERETO AND INCORPORATED BY REFERENCE HEREIN AND THE TERMS AND CONDMONS 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 ail 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 ;ender shell be applicable to all genders. LV WITNESS WHEREOF, the Grantor executed this diced on the date set forth above. '.tlilliam R. Hough Ha2e1 C644ough : ,r CITY Qr ;r sc'N I14;= F,x10 cCi'f f,�ID 'ATE PEP NO. CA'fE p / �J NO, ,�;��t ,�;�- 37ty RECEPTION#: 567177, 0 3/2010 at 11:58:20 &M, 2 OF 2, • Janice K. Voa Caudill, Pitkin Covnty, CO STATE OF �� r^ ss. COUNTY OF Qi Y1 t ((ns The foregoing instrument was acknowledged before me this i 2010, by William R. Hough and Hazel C. Hough. WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: (Seal, Mmk �,MEWIN j1, NSW6N/000/7701 1 EAU Notary Public nw.foe.,,.,,� ACCEPTANCE OF GRANTEE The undersigned, Helen Hough Feinberg, the Grantee of the foregoing General Warranty Deed, hereby accepts the conveyance made thereby by iu emts. Helen Hough Feinberg STATE OF r o C-t CLI. Q COUNTY OF Ss. The foregoing instrument was acknowledged before me this day of r-t-�;- 2010, by Helen Hough Feinberg. Q WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: [Seal] d �. FiEi Et7 M HWlN I j — �, MraaaoueeMoorna v-`---� n� �d.% py�;�rymu nwen...r�o Node Helen Hough Feinberg 404 Pass -a -Grille Way St. Pete Beach, FL 33706 ;7) 895-8892 cell: (727) 452-4554 kp,re,-,,--tl1ra 'lye helen.feinberg@rbccm.com r�t�'Y1D('ti 2Qi� On 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 irt-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@sopris.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 'X�4 ,� tj Helen Hou h Feinber g g Managing Director, Housing GrS4�x—' 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 orAttomey representing the property owner. Property Name: kAey) h l h FetWot �7a7)+5a -4­55 Owner CI')= Email: J Phone No.: Address of Property: Jo l GQ 5� (00 �e r j�Jem.o c1 (subject of application) 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. VThis 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 xdcument Owner signature: Jf4n �date;._ Owner printed name:��� J Attorney signature: Attorney printed name: date; 0 0 Feinberq, 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 @ icioud.com) Subject: RE: Aspen Wild Air Conditioning Request Dear Helen, I approve also. Marilyn Caruthers RESIDENCE CLUB CONCIERGE THE ST. REGIS ASPEN RESORT, 315 E DEAN STREET, ASPEN, CO 81611 T 970.429.9695 E 970.429.9509 MEGISASPEN.caM THE ST. REGIS ASPEN RESORT MAJESTIC STIEIT OF THE ROCKIES From: Feinberg, Helen fmailto:helen.feinberg(&rbccm.com] Sent: Monday, August 03, 2015 3:21 PM To: Ghislaine Rey Cc: Ron Erickson (ron@asoenreservations.net); Carruthers, Marilyn; Marilyn Carruthers - Aspen Wild (mcarruthers120icloud.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:ahrey@wanadoo.fr] Sent: Monday,August 03, 2015 5:13 PM To: Feinberg, Helen Cc: Ron Erickson (ron4baspenreservations.net); Marilyn Carruthers(marilvn.carruthers@stre(iis.com); Marilyn Carruthers - Aspen Wild (mcarruthers124)icloud.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 aofit 2015 d 07:45, Feinberg, Helen a dcrit 0 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 100 2^" 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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If you have received this electronic transmission in error, please notify the sender immediately by replying to the address Iisted in the "From:" field. • 0 Helen .Hough Feinberg 404 Pass -a -Grille Way St. Petersburg, FL 33706 Tel: (727) 4524554 helen.feinberg@rbccm.com August 2, 2015 Aspen Wild Board C/O Ron Erickson 600 East Hopkins Ave. #203 Aspen, CO 81611 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, %�iiZ�. �hlxtQ J Helen Hough Feinberg 0 0 t vilTSUBISHI ` 1ELECT= COOLING 3 HEATING Job Name: - ] .Most Efficient _�r� wwwunorngacargcv � ! l`� ©�"`_� .� J a � 1�3► 4fwi•_0—' Im W[Fi'-1ANDI O o i0Tir'L' - i`; .C9t'i.1rl. System Reference: I Date: I AoarUnit!,1SZ-FE18NA � 3� 'rre6n Reds "anno"ar eutloor Unit MUz-FE1eNA GENERAL rt=ATURES • Highly energy -efficient system with quiet operation • Undated sleek, compact indoor unit design • Includes Nano Platinum and Ar,fi-allergy Enzyme filters • 'Powerful Mode' function permits system to temporanly run at a lower/higher temperature with an increased fan speed, which quickly brings the room to the optimum comfort level • Nand -held Wireless Remote Controller • Limited warranty: five years parts and seven years compressors ACCESSORIES Outdoor Unit ❑ Base Heater (MAC-642BH-U) ❑ Three-poie Disconnect Switch (TAZ-MS303) o Air Outlet Guide (MAC-386SG-E) ❑ Mounting Base (OSD-400N) ❑ Mounting Pad (ULTRILITEI) ❑ Drain Socket Assembly (MAC-860DS) Indoor Unit ❑ Condensate Pump (SI3100-230; 230V) ❑ Replacement And -allergy Enzyme Filters (MAC-2310FT-E; 2/set) Controller Options ❑ Wireless Wall -mounted Remote Controller Kt (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) ❑ Lcckdown Bracket for Hand-held Controller (RCMKPICB) I NY �E'_-R Specifications are subject to change without notice. 2015 Mitsubishi EWnc US, Inc. Cooling, Rated Capacity ........ .......................18,000 Stu/h Minimum to Maximum Capacity Range ......8,200 - 25,200 Stu/h SEER .................................... . 20.2 Btu/h/Vd EER........... ................. .... I..... 14.2 Btwh/W Total Rated Input .... .............................1.270 W Heating at 47° F' Rated Capacity ............ ............... .... 21,600 Bluth Minimum to Maximum Capacity Range ......7,500 - 29,700 Btulh HSPF......................................10.3 BtuftW COP............................................. 4.11 Total Rated Input.................................1,540 W Headnq at 17° F' Rated Capacity ............................. ..11,700 Bluth Rated Total Input ................................ 1,240 W COP.............................................2.77 Maximum Capacity" ..... ..................... 21,600 Btuih Maximum Total input .......... . .................. 2,620 W Heating at 6° F' Maximum Capacity" ...... ................ ....21,600 Btu/h ' Rating Conditions perAHRI Standard Cooling Indoor. 801 F VI C) DB / 6r F (190 C) WB Coding Outdoor. 950 F (351 C) OB / 750 F (240 C) V'18 Heating at 47°F ( Indoor.. 701 F (211 C) DB / 600 F (16o C) WB Heating at 47OF Outdoor.. 470 F (80 C) DB / 430 F (6a C) WB Heating at 170 F Indoor. Tr F (210 C) DB / 600 F (161 C) W8 Heating at 170 F Outdoor. 170 F (-so q CB / 150 F (-9° C) WB Heating at T F I Indoor. 701 F (210 C) DB / W F (160 C) WB (-!eating at 5° F I Cutdoor. 5" F (-150 C) C8 / 5° F (-150 C) VIIB "h1aximum Capacity is at full speed and performance for INVERTER-drven 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-31 MAA DC 12V PAC-YT53CRAU DC 12V OPERATING CONDITIONS indoorlrrtakeAir Outdoor IntakeAv 'gym . Temp. "Aaximum 90° F (32- C) CB 115- F (46° C) OB Cooling 7310 Q3 VV8 o 67 F (19 C) DB 14° F (-10° C) DB Minimum 570 F (140 C) VVB Maximum 3O' F (270 C) DB 75° F (240 C) DB Heating 670 F 191 C `s1B ( 650 F 18o C W8 Minimum 70 F (21 C) US 13 F (-25 C) DB 6OO F 160 C ,N'B -15° F -26° Q WB" '" System cuts out at -180 F (-28° C) to avoid thermistor ever, but recovers from cutout operation and automatically restarts at -13° F (.25°C). Notes: Scecificabons are subiect to change mthout nobca. D -015 hiitsubistii Eectrc US, Inc. Indoor unit yICA............................................... 1 A a lower 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 - Powerfil)....... 34 - 41 - 49 - 53 dB(A) Heating (Lo - Med - HI - Powerful)....... 32 - 41 - 49 - 52 dB(A) DIMENSIONS I UNIT INCHES / 39M W 43-51161 1,116 10 ,1-1 3-318 / 228 12-13116 1325 :^leight....................................37 Ibs. / 17 kg Moisture Removal.......... 2.7 pt.th �emal Finish .....................Munsell No. 1 AY 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(Aj) DIMENSIONS INCHES / :1M W 33-1116 + 3-3/16 1840 + 81 D 131330 H 34-518 / 880 Weight...................................119 lbs. / 54 kg External Finish .....................Munsell No. 3.OY T8 / 1.1 Refrigerant Type ................................... R41OA Refrigerant Pipe Size O.D: Gas Side ................................ 5/8" / 15.88 mm Liquid Side .............................. . . 318" / 6.35 mm Max. Refrigerant Pipe Length. . ................... 100' / 30 m Max. Refrigerant Pipe Height Difference ............. 50' / 15 m Connection Method ................................. Flared ,VISZ-FE18NA ",- C3 �', l r 4"L °1:11rf: *' E: ll.lti i _ r a.. is Unit inch MEM MMON1, - mm t,.AA 1 .....__........_................. -...... .... ................._....... _. I Tf� ", 21] .1 Hiram 7IN "�l`Z-11}�JJ��.1' Iruviatlal Ia20A l I :,ri9 V ud hne 0318 79.17110 Flared conrterSon 0716 I Cas Ilea 012 t&t511H Flared wnnww 0518 19ansom hIr:nllttiotl 01.1;! Cpnpeclsd part 0.48 0.D MUZ-FE18NA /? Unit: Inch REQUIRED SPACE (t)us intertek FORM# MSZ-FE18NAI MUZ-FEISNA- 201503 Specifications are subject to change without notice. � 2015 Mitsubishi Elednc US, Inc. �ryyt l� tty„✓-� Seine W!i t*W Ralaaflla M.lora RoMparma plea (parad123la Lmktowo IWO Reaipmma pipe lnm mosm NIFTSUBISHI LE M COOLING 8r HEATING 1340 Salellile Boulevard Suwanee, GA 30024 Toll Free- 600.433-4822 anew mehvac com C� i ASPEN WILD CONDOMINIUM ASSOCIATION AIR CONDITIONER INSTALLATION POLICY ;how To Choose A Room Air Conditioner to comply with ASPEN "MILD 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. 0 0 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 w1il have to provide an authorization letter prior to instailation. 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 ,.ase for the air c nonditioner must ia` e a GF1(Ground Fault ]ndicator) installed in the outlet. 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. • • • 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, f Helen Hough Feinberg • • Aspen Wild view of unit placed on street facing balcony from Garmisch St — AC/Heating Unit Photo Shop —Actual Unit would be a) smaller, b) painted building color or c) screened 0 • 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. View of balconies and back of building from Garmisch Street. This view indicates how visible the back of the building is and how it is difficult to see balconies. 7w. r�. AZAS L-1 • '4 .44 T.4 t ,Lt , ILII Y . r' '10- CITY OF ASPEN Permit Receipt THE CITY OF ASPEN RECEIPT NUMBER 00040977 Account Number:30387 Applicant: DAUR AND HELEN FEINBERG Type: check # 3994 Permit Number Fee Description 0055.2016.ASLU 0055.2016.ASLU Planning Hourly Fees Hearing Officer Fee Date: 6/6/2016 Amount 1,300.00 700.00 Total: $2,000.00 THE CITY OF ASPEN Land Use Application Determination of Completeness Date: May 31, 2016 Dear City of Aspen Land Use Review Applicant, We have received your land use application for 101 W. Cooper - Appeal and have reviewed it for completeness. Z4our Land Use Application is complete: Please submit the following to begin the land use review process. 1) Digital pdf 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. Thank You, 6nifetr e , Deputy �Planni`ngDirector City of Aspen, Community Development Department For Office Use Only: Mineral Rights Notice Required Yes No?,C— GMQS Allotments Yes Now Qualifying Applications: New PD Subdivision, or PD (creating more than 1 additional lot) Residential Affordable Housing Commercial E.P.F. Lodging