HomeMy WebLinkAboutLand Use Case.331 Midland Ave.0099.2016.ASLU
December 9, 2016
Mr. Mike Kosdrosky
Executive Director
Aspen/Pitkin County Housing Authority
RE: Aspen Hills Affordable Housing
331-338 Midland Avenue
Mr. Kosdrosky:
Please accept this addendum to our planning application for Aspen Hills Affordable Housing.
The Housing Authority adopted “Marketability Standards” to provide guidance on physical capital
needs for existing units to be accepted into the affordable housing inventory. The attached studies
have been performed in response to this requirement. We hope this enables APCHA and the
applicant to determine the improvements which must be accomplished in the near term and the
extent of initial funding for a capital reserve account.
We understand from previous conversation with you that this project is the first to go through this
analysis. Please let us know if we can clarify anything in the reports or if further input from the
consultants is desired.
Sincerely,
Chris Bendon, AICP
BendonAdams LLC
300 So. Spring St. #202
Aspen, CO
chris@bendonadams.com
970.925.2855
Attached:
Confluence Report
RD3 Report
Copy:
Ms. Sara Nadolny, AICP
Planner, City of Aspen
PHYSICAL NEEDS ASSESSMENT - ASPEN HILL CONDOS
PHYSICAL NEEDS ASSESSMENT - ASPEN HILL CONDOS
RD3-005 - Aspen Hill Condos
331-338 Midland Avenue, Aspen, CO
Report Generated on: 10/21/2016
RD3-005 - Aspen Hill Condos
Created: 10/21/2016
Page 1 of 52
PHYSICAL NEEDS ASSESSMENT - ASPEN HILL CONDOS
October 21, 2016
RD3, Inc.
9871 E Progress Circle
Greenwood Village, CO, 80111
Mr. Chris Bendon,
SUBJECT: Physical Needs Assessment - Aspen Hill Condos
This project summary is not to be used alone. The attached report is intended to be read in its entirety. Definitions of the terms used in the
Report Overview to describe average or overall conditions include the following:
- Excellent - In "like new" condition and/or high quality materials used.
- Good - no remedial work is recommended.
- Fair - system is aging and/or minor remedial work may be recommended.
- Poor - replacement or major remedial work is recommended.
- Repair / Replace - immediate remedial work is recommended.
COST TABLES
The tables display estimated repair and/or replacement costs. The estimated costs are preliminary and are based upon the Assessor's
Inspector's experience in conducting similar projects. The actual cost will be affected by factors such as duration of time to correction, site
access, market conditions, and other contingencies applied by Owner or not necessarily aware to the Assessor.
CONVENTIONS
For your convenience, the following conventions have been used in this report.
1) Emergency: a system or component which is considered significantly deficient or is unsafe. Significant deficiencies need to be corrected
and, except for some safety items, are likely to cause further asset / infrastructure damage if remediation is not acted upon immediately (no
delays). Emergencies can involve significant costs.
2) Urgent: denotes a condition that is unsafe or if not addressed can cause further asset / infrastructure damage. Urgent items need prompt
remediation attention in the current fiscal period.
3) Expedited: denotes a system or component which is missing or which needs corrective action in the next fiscal period to assure proper and
reliable function.
4) Routine: denotes a system or component that is in the routine planning cycle for prioritization and scheduling. Routine items may also be
items that need further investigation and / or monitoring in order to determine if repairs or corrective actions are necessary.
5) Deferred: denotes items that are outside of the 'physical asset life cycle considerations' and need to be review and prioritized into the other
items by the Owner's executive team. Deferred items could also be items that are beyond the planning horizon of the assessment.
The assessment is to identify the physical asses systems that will need repair, replacement or corrective / remediation action of five (5) year
planning horizon.
PLANNING HORIZON BREAKOUT
The planning horizon periods are broken down into:
- "0" indicating immediate action is recommended in the current fiscal period.
- "1" indicating action is recommended in the the next fiscal year over the five year planning horizon.
- "2" indicating action is recommended in the the 2nd fiscal year over the five year planning horizon.
- "3" indicating action is recommended in the the 3rd fiscal year over the five year planning horizon.
- "4" indicating action is recommended in the the 4th fiscal year over the five year planning horizon.
- "5" indicating action is recommended in the the 5th fiscal year over the five year planning horizon.
RD3-005 - Aspen Hill Condos
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PHYSICAL NEEDS ASSESSMENT - ASPEN HILL CONDOS
THE SCOPE OF THE ASSESSMENT
It is the goal of the assessment to put a building in a better position to make business decisions surrounding the prioritization and allocation of
capital funds. Not all improvements will be identified during the inspection. Unexpected repairs should still be anticipated and budgeted. The
inspection should not be considered a definitive plan, a guarantee, or warranty of any kind. The Limitations section of each component of the
report should be thoroughly examined as many issues arise within the course of the inspection which limits the visual inspection.
PURPOSE
The purpose of this assessment was to provide an observation and report on the physical condition and maintenance of the property and its
improvements. This report addresses items that we believe are significant for the continued operation of this facility in its current usage and
occupancy, consistent with comparable properties of similar age. Enhancements or other non-PNA capital item changes, can be added by
Owner and prioritized with all other items in the report.
The Capital Planning tool will allow the Owner's team to submit their own items, if desired, for integration into an overall Capital Plan into over
the planning horizon. The RD3 capital planning tool can be a 'living document' allowing it to be continuously updated and items made 'inactive'.
SCOPE
RD3 scope of services for this assessment included a visit to the property with observations of the property and its improvements, reviews of
available construction and maintenance documents, and interviews with various persons. The purpose of these observations was to assess the
general physical condition and deferred maintenance status of the property and to recommend repair and operation and/or to be restored to a
good condition consistent with comparable properties of similar age. The assessment was performed in general accordance with ASTM E
2018-15, Standard Guide for Property Condition Assessments: Baseline Property Condition Assessment Process.
OPINIONS
Opinions of cost for recommended repairs have been prepared and posted with each description and in the site and overall cost summary
tables in the report. Items ranked "Repair/Replace" will be indicated in the "0" years column and should be considered for immediate or near
future attention. Items ranked "Repair/Replace" with a future year (other than "0") indicates a recommendation that the item can be prioritized
between year "0" and the recommended year. Items with a "0" planning horizon indicates it should be considered for immediate or near future
attention. Items ranked Poor are those items needing repair or replacement to remedy physical deficiencies, such as deferred maintenance,
that are beyond the scope of regular maintenance that should be undertaken on a priority basis within one to two years. Items or areas which
are ranked Excellent, Good and Fair conditions will be posted in years typically the second planning horizon year and beyond.
RD3 has prepared one comprehensive Facilities Condition Assessment Report which includes pertinent information from building(s) present on
the subject property. RD3 has provided the standard Property Summary Table normally utilized in RD3 Physical Needs Assessment Reports.
RD3 has provided suggestions for repairs and upgrades of selected systems that are not considered 'deferred maintenance' or that the deferral
of maintenance has made the deterioration beyond what would be a maintenance item. These suggestions have been provided to assist the
Owner in identifying certain maintenance issues that may prolong the life of the respective systems.
Suggestions for repairs and upgrades have been provided for selected conditions and should not be considered all-inclusive. RD3 has
provided general information pertaining to out of scope issues including ADA Compliance and potential microbial or other growth issues. No
comment is offered on environmental conditions or asbestos containing materials.
GENERAL DESCRIPTION
Aspen Hill Condos is a Multi-Family low rise condominium complex with eight (8) units that is targeted for 'employee housing' with Aspen
Housing Authority located at 331 to 338 Midland Avenue, Aspen, CO.
The Aspen Hill building exteriors are wood lap board siding. For the age of the building the exterior siding is in good condition. The wood lap
board has spots of that need repairs that are not included in this report because they are general maintenance. Interiors are in fair to very good
condition with spot problems. See below description of identified capital issues.
The assessor entered and viewed 100% of the unit interiors.
SITE VISIT
RD3 representative, Rob de Grasse, PE / PEng, PMP, LEED AP, CEM, CDSM, CxA, conducted the subject site assessment on Thursday,
October 13, 2016.
INTERVIEWS
At the time of the site visit, the Assessor interviewed the complex HOA President conducted discussions with Mr. Chris Bendon and Mr. Bill
Boehring. about any known issues at the property.
LIMITATIONS OF STRUCTURE INSPECTION
RD3-005 - Aspen Hill Condos
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PHYSICAL NEEDS ASSESSMENT - ASPEN HILL CONDOS
This is a visual inspection limited in scope by (but not restricted to) the following conditions:
• Structural components concealed behind finished surfaces could not be inspected.
• Only a representative sampling of visible structural components were inspected.
• Furniture and/or storage restricted access to some structural components.
• Engineering or architectural services such as calculation of structural capacities, adequacy, or integrity are not part of a building inspection.
LIMITATIONS OF ROOFING INSPECTION
This is a visual inspection limited in scope by (but not restricted to) the following conditions:
• Not all of the underside of the roof sheathing is inspected for evidence of leaks.
• Evidence of prior leaks may be disguised by interior finishes.
• Estimates of remaining roof life are approximations only and do not preclude the possibility of leakage. Leakage can develop at any time and
may depend on rain intensity, wind direction, ice buildup, and other factors.
• Antennae, chimney/flue interiors which are not readily accessible are not inspected and could require repair.
• Roof inspection may be limited by access, condition, weather, or other safety concerns.
LIMITATIONS OF EXTERIOR INSPECTION
This is a visual inspection limited in scope by (but not restricted to) the following conditions:
• A representative sample of exterior components was inspected rather than every occurrence of components.
• The inspection does not include an assessment of geological, geotechnical, or hydrological conditions, or environmental hazards.
• Screening, shutters, awnings, or similar seasonal accessories, fences, recreational facilities, outbuildings, seawalls, break walls, docks,
erosion control and earth stabilization measures are not inspected unless specifically agreed-upon and documented in this report.
LIMITATIONS OF ELECTRICAL INSPECTION
This is a visual inspection limited in scope by (but not restricted to) the following conditions:
• Electrical components concealed behind finished surfaces are not inspected.
• Only a representative sampling of outlets and light fixtures were tested.
• Furniture and/or storage restricted access to some electrical components which may not be inspected.
• The inspection does not include remote control devices, alarm systems and components, low voltage wiring, systems, and components,
ancillary wiring, systems, and other components which are not part of the primary electrical power distribution system.
LIMITATIONS OF HEATING INSPECTION
This is a visual inspection limited in scope by (but not restricted to) the following conditions:
• The adequacy of heat supply or distribution balance is not inspected.
• The interior of flues or chimneys which are not readily accessible are not inspected.
• The furnace heat exchanger, humidifier, or dehumidifier, and electronic air filters are not inspected.
• Solar space heating equipment/systems are not inspected.
LIMITATIONS OF COOLING / HEAT PUMPS INSPECTION
This is a visual inspection limited in scope by (but not restricted to) the following conditions:
• Window mounted air conditioning units are not inspected.
• The cooling supply adequacy or distribution balances are not inspected.
LIMITATIONS OF INSULATION / VENTILATION INSPECTION
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PHYSICAL NEEDS ASSESSMENT - ASPEN HILL CONDOS
This is a visual inspection limited in scope by (but not restricted to) the following conditions:
• Insulation/ventilation type and levels in concealed areas are not inspected. Insulation and vapor barriers are not disturbed and no destructive
tests (such as cutting openings in walls to look for insulation) are performed.
• Potentially hazardous materials such as Asbestos and Urea Formaldehyde Foam Insulation (UFFI) cannot be positively identified without a
detailed inspection and laboratory analysis. This is beyond the scope of the inspection.
• An analysis of indoor air quality is not part of our inspection unless explicitly contracted-for and discussed in this or a separate report.
• Any estimates of insulation R values or depths are rough average values.
LIMITATIONS OF PLUMBING INSPECTION
This is a visual inspection limited in scope by (but not restricted to) the following conditions:
• Portions of the plumbing system concealed by finishes and/or storage (below sinks, etc.), below the structure, or beneath the ground surface
are not inspected.
• Water quantity and water quality are not tested unless explicitly contracted-for and discussed in this or a separate report.
• Clothes washing machine connections are not inspected.
• Interiors of flues or chimneys which are not readily accessible are not inspected.
• Water conditioning systems, solar water heaters, fire and lawn sprinkler systems, and private waste disposal systems are not inspected
unless explicitly contracted-for and discussed in this or a separate report.
LIMITATIONS OF INTERIOR INSPECTION
This is a visual inspection limited in scope by (but not restricted to) the following conditions:
• Furniture, storage, appliances and/or wall hangings are not moved to permit inspection and may block defects.
• Carpeting, window treatments, central vacuum systems, building appliances, recreational facilities, paint, wallpaper, and other finish
treatments are not inspected.
LIMITATIONS OF MOLD INSPECTION
This is a visual inspection limited in scope by (but not restricted to) the following conditions:
• Materials concealed behind finished surfaces could not be inspected.
LIMITATIONS OF ADA REVIEW
This is a visual inspection only. The inspection was limited by (but not restricted to) the following conditions:
• Limited review does not consist of a full American with Disabilities Act inspection.
LIMITATIONS OF FIRE PROTECTION INSPECTION
This is a visual inspection limited in scope by (but not restricted to) the following conditions:
• No equipment operated or tested.
Sincerely,
Robert de Grasse
President
cc. Bill Boehring
RD3-005 - Aspen Hill Condos
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PHYSICAL NEEDS ASSESSMENT - ASPEN HILL CONDOS
SUMMARY OF PHYSICAL NEEDS
Site / Landscaping
The landscaping is in fair to good condition no areas that need to be addressed other than regular landscape maintenance. The sidewalks
stairs are 4" x 4" wood timber structure which are deteriorated and due for replacement.
Building Exteriors
The building exteriors are good condition with the exception of the wood lap board, its associated caulking / sealing between the brick and
other dissimilar adjacent materials.
There are signs of water damage to the trim and transitional strips at the bottom of or transition of the wood lap board to other surfaces. Any
repairs should be coordinated to be at the same time or after the painting project(s).
Structure / Foundation
No visible problems with the foundations. The roof joists that are exposed on the exterior of the building are 'twisting'. It is recommended that
the condition is study by a structural engineer to determine any action required.
Roofing
The single ply roofing systems has numerous deficiencies that need to be addressed. A pool of funds was allocated for the various repairs /
corrections but the Owner should assess whether a full replacement is a prudent corrective measure (cost, useful life, etc.)
Gutters & Downspouts
The roofing gutters need to be put on a regular cleaning maintenance cycle. We were informed that they were already being cleaned twice a
year. the cleaning of the gutters needs to include the clean out of the downspouts (several were observed to be blocked).
Roadways and Sidewalks
The sidewalks themselves are in good condition. the stairs leading from the parking lot to the sidewalks are past their useful life and need to be
replaced. One set of stairs area potential trip hazard.
HVAC / Mechanical
No issues were observed at the time of the assessment for the HVAC / mechanical / plumbing systems.
Electrical
No electrical issues were observed. All receptacles tested were wired properly and GFCI functional.
Interiors
The Assessor conducted an interior inspection of 100% of the apartment units and common area spaces.
The majority of the units were tidy / clean and in good condition with few to no capital issues of note. Many of the units have had their interiors
upgraded (i.e., flooring, kitchens, appliances, etc.). Two of the units converted their two (2) bedrooms into one (1) larger bedroom suites. The
identified capital issues were items that would typically be handled at the turn of the units or by regular maintenance. Therefore it is assumed
that any interior needs will be handled during the units' next turn; there is not an interiors replacement program added to the capital plan. There
are minor costs allocated for the identified repairs that are shown in the cost tables under year 1 "Units".
OVERALL COST SUMMARY
PLANNING HORIZON COST SUMMARY TABLE
0 1 2 3 4 5
SITE $0 $10,180 $0 $0 $0 $0 $10,180
PLUMBING $0 $0 $0 $0 $0 $0 $0
BUILDING ENVELOPE $0 $29,300 $0 $0 $0 $0 $29,300
UNIT COST $0 $2,750 $0 $0 $0 $0 $2,750
Total $0 $42,230 $0 $0 $0 $0 $42,230
The above summary cost table shows the main system roll up costs that were identified during the site visits.
RD3-005 - Aspen Hill Condos
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PHYSICAL NEEDS ASSESSMENT - ASPEN HILL CONDOS
The total unit related costs are shown in the table in year 1.
A details cost table can be found between the individual capital needs that follow and the Unit-by-Unit Inspection section.
RD3-005 - Aspen Hill Condos
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PHYSICAL NEEDS ASSESSMENT - ASPEN HILL CONDOS
SITE PHOTOS & IDENTIFIED CAPITAL NEEDS
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PHYSICAL NEEDS ASSESSMENT - ASPEN HILL CONDOS
Location: Aspen Hill Condos -
CapEx-00373 - SITE - Site Signage
Location: Aspen Hill Condos -
CapEx-00374 - SITE - General Pictures
SITE
Description:Identified on:Oct 13, 2016
Submitted by: Robert de Grasse
Description:Identified on:Oct 13, 2016
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PHYSICAL NEEDS ASSESSMENT - ASPEN HILL CONDOS
Submitted by: Robert de Grasse
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PHYSICAL NEEDS ASSESSMENT - ASPEN HILL CONDOS
A few of the treads have deteriorated to a
point where it is a potential trip hazard
60' of low retaining wall 50' of 3' high retaining wall
Location: Aspen Hill Condos -
CapEx-00376 - SITE - Sidewalks 4: RoutineYear: 1
Fair
Location: Aspen Hill Condos -
CapEx-00375 - SITE - Retaining Walls 4: RoutineYear: 1
Poor
Description: Would tread stairs are passed 75% of useful life. Recommend replacement. RS MEANS.
Structural concrete, in place, stairs (3500 psi), 3'-6" wide, free standing, includes forms(4 uses), Grade
60 rebar, concrete (Portland cement Type I), placing and finishing, excludes safety treads - $40.87/LF
Nose
Identified on:Oct 13, 2016
Category Asset Integrity
Cost $1,720.00
Submitted by: Robert de Grasse
Description: Replace Retaining wall. RS MEANS. Selective demolition, retaining walls, concrete
retaining wall, 6' high, excludes reinforcing - $13.98/LF. Retaining wall fastening, timber, 6" x 6" -
$6.26/LF. Retaining walls, timber, 6" x 6" - Retaining wall accessories, gravel backfill, place and spread
by hand - 37.31/CY.
Identified on:Oct 13, 2016
Category Asset Integrity
Cost $8,460.00
Submitted by: Robert de Grasse
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PHYSICAL NEEDS ASSESSMENT - ASPEN HILL CONDOS
Additional pictures
Location: Aspen Hill Condos -
CapEx-00378 - SITE - Fencing 4: Routine
Location: Aspen Hill Condos -
CapEx-00377 - SITE - Fencing 4: RoutineYear: 1
Fair
Description: Fencing is not owned by the Aspen Hill Condos. Therefore no budget is allocated for the
identified deficiencies.Identified on:Oct 13, 2016
Submitted by: Robert de Grasse
Description: Fencing is not owned by the Aspen Hill Condos. Therefore no budget is allocated for the
identified deficiencies.Identified on:Oct 13, 2016
Category Asset Integrity
RD3-005 - Aspen Hill Condos
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PHYSICAL NEEDS ASSESSMENT - ASPEN HILL CONDOS
Submitted by: Robert de Grasse
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PHYSICAL NEEDS ASSESSMENT - ASPEN HILL CONDOS
Location: Aspen Hill Condos -
CapEx-00385 - BUILDING ENVELOPE - Roof 4: RoutineYear: 1
Poor
General Roof picture
Improper patch work of hole in membrane.
This should be a proper patch per the
manufacturer's recommended best
practices, and most manufacturer's
guidelines, with a minimum of 4" of patch
sealing around the hole.
BUILDING ENVELOPE
Description: Single ply fully adhered roofing membrane over insulated deck. Although the existing
owner's Representative indicated that the roof is relatively recently installed, the roof has a number of
issues that must be noted and corrected to allow its proper useful life to be achieved. A pool of repair
funds has been allocated for the corrective measure. It is recommended that a cost benefit analysis
between the cost of repairs vs. the replacement cost be conducted to ensure the most appropriate and
best long-term use life decision. The roof is approximately 47 Squares.
Identified on:Oct 21, 2016
Category Asset Integrity
Cost $15,000.00
RD3-005 - Aspen Hill Condos
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PHYSICAL NEEDS ASSESSMENT - ASPEN HILL CONDOS
Numerous holes found in the roofing
membrane. This is a sample picture.
Hey number of the roof deck fasteners have
punctured through the roofing membrane
causing damage / holes. Either the wrong
fasteners were used or improperly installed.
HeyThe installing contractoir left "Sharps"
[pebble or other sharp objects] under the
roofing membrane at the time of installation
and has caused a punctures / holes.
Patch materials for newer smokestack is
suspect as not being per the manufacturer's
specifications. Likely not appropriate patch
material used. The rate of deterioration
(cracking, etc.) of the patch materials will
result in early failure.
Patch materials on the field of the roof is
suspect as not being per the manufacturer's
specifications. Likely not appropriate patch
material used. The rate of deterioration
(cracking, etc.) of the patch materials will
result in early failure.
Gutters overflowing with leaves and debris.
Downspouts were observed to be fully
clogged. It is the assessor's opinion that the
overflow of the gutters has caused the roof
truss / structure twisting / distortion issues
reported in the report. Correcting the
overflow issue will stop further structure
issues.
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PHYSICAL NEEDS ASSESSMENT - ASPEN HILL CONDOS
Severe bubbling of seams in the roofing
system. This is due to causes: leaking
seams, bubbling not corrected at time of
installation, etc. It is recommended that all
bubbling, in particular under the seams /
joints, be corrected.
Patch materials on the field of the roof is
suspect as not being per the manufacturer's
specifications. Likely not appropriate patch
material used. The rate of deterioration
(cracking, etc.) of the patch materials will
result in early failure.
Patch materials used on the repairs to teh
skylights are suspect as not being per the
manufacturer's specifications. Likely not
appropriate patch material used. The rate of
deterioration (cracking, etc.) of the patch
materials will result in early failure.
Location: Aspen Hill Condos -
CapEx-00381 - BUILDING ENVELOPE - Roof Drainage 4: RoutineYear: 1
Repair/Replace
Submitted by: Robert de Grasse
Description: A number of the roof downspouts are not directing the rain water away from the building
structure, foundation and deck structure. recommend correcting to reduce water related damage /
deterioration.
Identified on:Oct 13, 2016
Category Asset Integrity
Cost $800.00
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PHYSICAL NEEDS ASSESSMENT - ASPEN HILL CONDOS
Extend to direct away building foundation.Extend to direct away from deck foundation
and columns.
Example of properly diverted roof drainage
water away from building
Downspout on south side of building runs
into window well. Correct to have roof water
runoff diverted away from building structure.
Downspout on south east corner of building
butts up against wooden fence with no free
flow drainage capability
Location: Aspen Hill Condos -
CapEx-00386 - BUILDING ENVELOPE - Windows 3: ExpeditedYear: 0
Repair/Replace
Submitted by: Robert de Grasse
Description: New owners to investigate the requirements for added Egress from lower / sub-grade unit
windows. This is not a current capital deficiency therefore no cost is included in the capital budget.Identified on:Oct 13, 2016
Category Safety / Code
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PHYSICAL NEEDS ASSESSMENT - ASPEN HILL CONDOS
Sample picture of surface condition.Sample picture of surface condition.Sample picture of surface condition.
Location: Aspen Hill Condos -
CapEx-00382 - BUILDING ENVELOPE - Decks with railings 4: RoutineYear: 1
Repair/Replace
Submitted by: Robert de Grasse
Description: Decks and deck railings. The decks have deferred maintenance (painting and minor
repairs). recommend that all deck damage (railings - snow related), minor wood damage, and railing
securing be completed and thereafter the entire wood deck structure be prepped and refinished /
painted. ~2500 SF / 30 LF. RS MEANS. Porch / decking framing, treated lumber, posts and columns,
4"x4" - $3.48/LF Wood surface preparation, exterior, scrape and sand, heavy - $1.02/sf. Paints &
Coatings, wood, prime + 1 Coat - $1.25/SF.
Identified on:Oct 13, 2016
Category Asset Integrity
Cost $11,500.00
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PHYSICAL NEEDS ASSESSMENT - ASPEN HILL CONDOS
Moisture is not extensive.
Damage to railing likely due to snow fall off
of the roof
Damage to railing likely due to snow fall off
of the roof
Sample picture of surface condition.
Location: Aspen Hill Condos -
CapEx-00379 - BUILDING ENVELOPE - Structure 3: ExpeditedYear: 1
Poor
Submitted by: Robert de Grasse
Description: The exposed roof structural members of the beginning the signs of water damage / wood
rot at the top of some of the structural members and other structural members are twisted/distorted.
Recommend that the gutter overflowing water be corrected immediately (assessor's opinion of the
source of the problem). It is recommended that an assessment by a structural engineer be conducted. A
suggested correction is to add a structural member running between each of the existing members (~1'
under the soffit) to create a structural space frame between all members and stop further twisting. The
only cost in this capital plan is for a structural engineer assessment.
Identified on:Oct 21, 2016
Category Asset Integrity
Cost $2,000.00
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PHYSICAL NEEDS ASSESSMENT - ASPEN HILL CONDOS
Sample picture of structural roof member
twisting
Sample picture - the weight of the bike is
not causing of distortion ;-)
Sample picture. Note that the wood siding is
cracked due to the structural man for twist
Start of water infiltration the top of structural
member
Evidence of water damage evidence of
water damage
Evidence of the beginning of water damage
on the top of the structural member
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PHYSICAL NEEDS ASSESSMENT - ASPEN HILL CONDOS
Submitted by: Robert de Grasse
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PHYSICAL NEEDS ASSESSMENT - ASPEN HILL CONDOS
Location: Aspen Hill Condos -
CapEx-00384 - PLUMBING - Water Service Good
Location: Aspen Hill Condos -
CapEx-00383 - PLUMBING - DHW Systems - Water Heaters (Central)Excellent
PLUMBING
Description:Identified on:Oct 13, 2016
Submitted by: Robert de Grasse
Description: Newly installed (no more than a couple years old)Identified on:Oct 13, 2016
Category Asset Integrity
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PHYSICAL NEEDS ASSESSMENT - ASPEN HILL CONDOS
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PHYSICAL NEEDS ASSESSMENT - ASPEN HILL CONDOS
Submitted by: Robert de Grasse
CATEGORY COST TABLE
OVERALL COST SUMMARY
Safety /
Code
Asset
Integrity Accessibility Cost
Reduction Enhancement
SITE $0 $10,180 $0 $0 $0 $10,180
Site Signage $0 $0 $0 $0 $0 $0
General Pictures $0 $0 $0 $0 $0 $0
Sidewalks $0 $1,720 $0 $0 $0 $1,720
Fencing $0 $0 $0 $0 $0 $0
Retaining Walls $0 $8,460 $0 $0 $0 $8,460
PLUMBING $0 $0 $0 $0 $0 $0
DHW Systems - Water Heaters (Central)$0 $0 $0 $0 $0 $0
Water Service $0 $0 $0 $0 $0 $0
BUILDING ENVELOPE $0 $29,300 $0 $0 $0 $29,300
Roof Drainage $0 $800 $0 $0 $0 $800
Windows $0 $0 $0 $0 $0 $0
Decks with railings $0 $11,500 $0 $0 $0 $11,500
Structure $0 $2,000 $0 $0 $0 $2,000
Roof $0 $15,000 $0 $0 $0 $15,000
Total $0 $39,480 $0 $0 $0 $39,480
RD3-005 - Aspen Hill Condos
Created: 10/21/2016
Page 24 of 52
PHYSICAL NEEDS ASSESSMENT - ASPEN HILL CONDOS
OVERALL COST SUMMARY
0 1 2 3 4 5
SITE $0 $10,180 $0 $0 $0 $0 $10,180
Site Signage $0 $0 $0 $0 $0 $0 $0
General Pictures $0 $0 $0 $0 $0 $0 $0
Sidewalks $0 $1,720 $0 $0 $0 $0 $1,720
Fencing $0 $0 $0 $0 $0 $0 $0
Retaining Walls $0 $8,460 $0 $0 $0 $0 $8,460
PLUMBING $0 $0 $0 $0 $0 $0 $0
DHW Systems - Water Heaters (Central)$0 $0 $0 $0 $0 $0 $0
Water Service $0 $0 $0 $0 $0 $0 $0
BUILDING ENVELOPE $0 $29,300 $0 $0 $0 $0 $29,300
Roof Drainage $0 $800 $0 $0 $0 $0 $800
Windows $0 $0 $0 $0 $0 $0 $0
Decks with railings $0 $11,500 $0 $0 $0 $0 $11,500
Structure $0 $2,000 $0 $0 $0 $0 $2,000
Roof $0 $15,000 $0 $0 $0 $0 $15,000
Total $0 $39,480 $0 $0 $0 $0 $39,480
RD3-005 - Aspen Hill Condos
Created: 10/21/2016
Page 25 of 52
PLANNING HORIZON COST TABLE
PHYSICAL NEEDS ASSESSMENT - ASPEN HILL CONDOS
UNIT-BY-UNIT INSPECTION
RD3-005 - Aspen Hill Condos
Created: 10/21/2016
Page 26 of 52
PHYSICAL NEEDS ASSESSMENT - ASPEN HILL CONDOS
UNIT-BY-UNIT INSPECTION
Conditions:N = NEW G = GOOD F = FAIR Rc = REPLACE Rr = REPAIR
Apartment Number 331 332 333 334 335 336 337 337 338
Floor Plan
# of Bedrooms 1 2 2 2 2 1 2 2 2
# of Bathrooms 1 1 1 1 1 1 1 1 1
Occupied / Vacant / No Entry O O O O O O O O O
Wall G G G G G G G G G
Floor N G F N N N N G G
Ceiling G G G G G G G G G
Light G G G G G G G G G
Sink G G G G G G N G G
Faucet N G G G G G N G G
Garbage Disposal G G G G G G G G G
Diswasher N G G G N G N G N
Refrigerator N G G G N N N G N
Stove N G G G N N N G N
Microwave G G G G G G G G G
Cabinets N N F G N N N G F
Countertops N G G G G N G G G
Doors G G G G G G G G G
HVAC G G G G G G G G G
Water Heater G G G G G G G G G
Water Heater Pan G G G G G G G G G
Walls G F G G G G G G G
Blinds G G G G G G G G G
Ceiling G G G G G G G G G
Flooring G G F N G G G G G
Entry Way Tile G G G G G G G G G
Light G G G G G G G G G
Faucet G G G G G G G G G
Patio / Balcony G G G G G G G G G
Patio Door / Glass Door G G G G G G G G G
Entry / Exterior Door G G G G G G G G G
Ceiling Fans G G G G G G G G G
Fireplace G G G G G G G G G
Washer G G G G G G G G G
Dryer G G G G G G G G G
Sink N G G G G N N G G
Faucet N G G G G N N G G
Mirror G G G G G N N G G
Exhaust / Venting G G G G G G N G G
Walls G G G G G N G G G
Ceiling G G G G G N G G G
Tub / Shower N G G G G N N G G
Tub / Shower Faucet G Rr G G G N N G G
Tub/Shower - Tile/Surround G Rr Rr G N N G G Rr
Lighting Fixture G G G G G G N G G
Cabinets N F G G G N N G NKitchenCommon AreasBathroom 1RD3-005 - Aspen Hill Condos
Created: 10/21/2016
Page 27 of 52
PHYSICAL NEEDS ASSESSMENT - ASPEN HILL CONDOS
Countertops G G G G G G G G G
Flooring N F Rr Rr G N N G Rr
Toilet G G G G G N G G G
Doors G G G G G G N G G
Walls G F G G G N G G G
Closet Doors G G G G G N G G G
Flooring G F Rr G G N N G G
Ceiling G G G G G N G G G
Windows G G G G G G G G G
Blinds G G G G G G N G G
Doors G G G G G N G G G
Light / Ceiling Fan G G G G G G G G G
Walls G F G G G G G G G
Closet Doors G G G G G G G G G
Flooring G F Rr G G G G G G
Ceiling G G G G G G G G G
Windows G G G G G G G G G
Blinds G G G G G G G G G
Doors G G G G G G G G G
Light / Ceiling Fan G G G G G G G G G
Number of Dogs
Number of Cats
Other Pets?
Pest Control Issues
Moisture Concern
# of Sprinkler Heads w/paint on glass
Unit Inspection Report #
Apartment Number 331 332 333 334 335 336 337 337 338
Floor Plan
# of Bedrooms 1 2 2 2 2 1 2 2 2
# of Bathrooms 1 1 1 1 1 1 1 1 1
Occupied / Vacant / No Entry O O O O O O O O O
Wall
Floor
Ceiling
Light
Sink
Faucet
Garbage Disposal
Diswasher
Refrigerator
Stove
Microwave
Cabinets
Countertops
Doors
HVACBedroom 1Bedroom 2OtherUI-00128UI-00121UI-00127UI-00122UI-00124UI-00123UI-00126UI-00125UI-00129KitchenRD3-005 - Aspen Hill Condos
Created: 10/21/2016
Page 28 of 52
PHYSICAL NEEDS ASSESSMENT - ASPEN HILL CONDOS
Water Heater
Water Heater Pan
Walls
Blinds
Ceiling
Flooring
Entry Way Tile
Light
Faucet
Patio / Balcony
Patio Door / Glass Door
Entry / Exterior Door
Ceiling Fans
Fireplace
Washer
Dryer
Sink
Faucet
Mirror
Exhaust / Venting
Walls
Ceiling
Tub / Shower
Tub / Shower Faucet
Tub/Shower - Tile/Surround 400 400 400
Lighting Fixture
Cabinets
Countertops
Flooring 400 400 400
Toilet
Doors
Walls
Closet Doors
Flooring 350
Ceiling
Windows
Blinds
Doors
Light / Ceiling Fan
Pest Control Issues
Moisture Concern
Repair Costs $0 $400 $1,150 $400 $0 $0 $0 $0 $800
Replacement Costs $0 $0 $0 $0 $0 $0 $0 $0 $0
TOTAL UNIT COST $0 $400 $1,150 $400 $0 $0 $0 $0 $800Common AreasBathroom 1Bedroom 1OtherRD3-005 - Aspen Hill Condos
Created: 10/21/2016
Page 29 of 52
PHYSICAL NEEDS ASSESSMENT - ASPEN HILL CONDOS
NEW GOOD FAIR REPAIR REPLACE REPAIR $ REPLACE $ TOTAL $
Wall
Floor 5 1
Ceiling
Light
Sink 1
Faucet 2
Garbage Disposal
Diswasher 4
Refrigerator 5
Stove 5
Microwave
Cabinets 5 2
Countertops 2
Doors
HVAC
Water Heater
Water Heater Pan
Walls 1
Blinds
Ceiling
Flooring 1 1
Entry Way Tile
Light
Faucet
Patio / Balcony
Patio Door / Glass Door
Entry / Exterior Door
Ceiling Fans
Fireplace
Washer
Dryer
Sink 3
Faucet 3
Mirror 2
Exhaust / Venting 1
Walls 1
Ceiling 1
Tub / Shower 3
Tub / Shower Faucet 2 1
Tub/Shower - Tile/Surround 2 3 $1,200 $1,200
Lighting Fixture 1
Cabinets 4 1
Countertops
Flooring 3 1 3 $1,200 $1,200
Toilet 1
Doors 1
Walls 1 1
Closet Doors 1
Flooring 2 1 1 $350 $350KitchenCommon AreasBathroom 1Bedroom 1RD3-005 - Aspen Hill Condos
Created: 10/21/2016
Page 30 of 52
PHYSICAL NEEDS ASSESSMENT - ASPEN HILL CONDOS
Ceiling 1
Windows
Blinds 1
Doors 1
Light / Ceiling Fan
Walls 1
Closet Doors
Flooring 1 1
Ceiling
Windows
Blinds
Doors
Light / Ceiling Fan
Number of Dogs
Number of Cats
Other Pets?
Pest Control Issues
Moisture Concern
# of Sprinkler Heads w/paint on
glass
65 0 11 9 0 $2,750 $0 $2,750
76%0%13%11%0%Bedroom 1Bedroom 2OtherRD3-005 - Aspen Hill Condos
Created: 10/21/2016
Page 31 of 52
PHYSICAL NEEDS ASSESSMENT - ASPEN HILL CONDOS
APARTMENT NUMBER 331
APARTMENT NUMBER 332 UI-00128
UNIT PHOTOS & COMMENTS
Submitted by: Robert de Grasse
RD3-005 - Aspen Hill Condos
Created: 10/21/2016
Page 32 of 52
PHYSICAL NEEDS ASSESSMENT - ASPEN HILL CONDOS
Area: Common Areas
RD3-005 - Aspen Hill Condos
Created: 10/21/2016
Page 33 of 52
PHYSICAL NEEDS ASSESSMENT - ASPEN HILL CONDOS
APARTMENT NUMBER 333 UI-00121
Area: Bathroom 1 Area: Bedroom 2
Submitted by: Robert de Grasse
RD3-005 - Aspen Hill Condos
Created: 10/21/2016
Page 34 of 52
PHYSICAL NEEDS ASSESSMENT - ASPEN HILL CONDOS
APARTMENT NUMBER 334 UI-00127
Area: Kitchen
Submitted by: Robert de Grasse
RD3-005 - Aspen Hill Condos
Created: 10/21/2016
Page 35 of 52
PHYSICAL NEEDS ASSESSMENT - ASPEN HILL CONDOS
Ceiling two skylights
Stair treads need replacement Area: Common Areas Area: Bathroom 1
5 years old
Minor repairs lower level next to the washer
and dryer
RD3-005 - Aspen Hill Condos
Created: 10/21/2016
Page 36 of 52
PHYSICAL NEEDS ASSESSMENT - ASPEN HILL CONDOS
APARTMENT NUMBER 335 UI-00122
Area: Kitchen
older cast-iron tub
Submitted by: Robert de Grasse
RD3-005 - Aspen Hill Condos
Created: 10/21/2016
Page 37 of 52
PHYSICAL NEEDS ASSESSMENT - ASPEN HILL CONDOS
APARTMENT NUMBER 336 UI-00124
Area: Bedroom 1 Area: Bedroom 2
Area: Common Areas
Submitted by: Robert de Grasse
RD3-005 - Aspen Hill Condos
Created: 10/21/2016
Page 38 of 52
PHYSICAL NEEDS ASSESSMENT - ASPEN HILL CONDOS
Area: Common Areas
RD3-005 - Aspen Hill Condos
Created: 10/21/2016
Page 39 of 52
PHYSICAL NEEDS ASSESSMENT - ASPEN HILL CONDOS
APARTMENT NUMBER 337 UI-00123
Area: Common Areas
Wall / window unit in LR
No access at specified time
Submitted by: Robert de Grasse
RD3-005 - Aspen Hill Condos
Created: 10/21/2016
Page 40 of 52
PHYSICAL NEEDS ASSESSMENT - ASPEN HILL CONDOS
APARTMENT NUMBER 338 UI-00125
Area: Bedroom 1 Area: Bedroom 2 Area: Bathroom 1
Submitted by: Robert de Grasse
RD3-005 - Aspen Hill Condos
Created: 10/21/2016
Page 41 of 52
PHYSICAL NEEDS ASSESSMENT - ASPEN HILL CONDOS
RD3-005 - Aspen Hill Condos
Created: 10/21/2016
Page 42 of 52
PHYSICAL NEEDS ASSESSMENT - ASPEN HILL CONDOS
Area: Kitchen
Submitted by: Robert de Grasse
RD3-005 - Aspen Hill Condos
Created: 10/21/2016
Page 43 of 52
REPLACEMENT RESERVE ANALYSIS
PHYSICAL NEEDS ASSESSMENT - ASPEN HILL CONDOS
RD3-005 - Aspen Hill Condos
Created: 11/01/2016
Page 44 of 52
REPLACEMENT RESERVE ANALYSIS
Purpose
The purpose of this Replacement Reserve Analysis is to provide Aspen Hill Condos with an inventory of the common community facilities and
infrastructure components that require periodic replacement; not already included in the Physical Needs Assessment (PNA) / Property
Condition Assessment (PCA).
The replacement reserve is a fund kept by each housing sponsor / owner under the terms of its operating agreement. The reserve is used to
replace or repair what are known as capital items. The replacement reserve is funded from a sponsor’s operating budget through an annual or
monthly transfer to the reserve. The amount to be transferred, which is an eligible operating expense, is the amount set out in the operating
agreement or otherwise approved.
The replacement reserve identifies and estimates the when and the cost of capital items over the planning horizon. Capital items typically have
long term life spans that are often missed or omitted in the annual planning and operating budget cycles.
Capital items generally have an expected useful lifespan that will vary according to quality and project conditions. The useful life of capital
items comes to an end when the cost of repairs or maintenance is no longer worthwhile because they will not extend the useful life by a
reasonable length of time.
Major repairs or renovations, the benefits of which extend beyond the current fiscal period and cannot easily be paid for out of annual operating
budgets, can also be considered as capital items (i.e., major capital components, major building services, basic facilities, safety features, and
others). Examples of these kinds of repairs are major roof repairs or window caulking of high-rise projects where extensive scaffolding
must be erected.
Basis of Assessment
The data contained in this Replacement Reserve Assessment is based upon the following:
• The Request for Proposal submitted and executed by the City of Aspen.
• RD3's visual evaluation and measurements on September 13, 2016. RD3's assessor has visually inspected the common elements of the
property in order to ascertain the remaining useful life, replacement timeframe, and estimated replacement costs of these components.
Engineering Drawings
No architectural or engineering drawings or site plans were available for review in connection with this study. We recommend the the
Ownership assemble a library of site and building plans of the entire building. Reproducible drawings should be stored/kept in a secure
fireproof location. The Ownership will find these drawings to be a valuable resource in planning and executing future projects.
CASH FLOW METHOD
The CASH FLOW METHOD minimum annual funding of replacement reserves was the approach used for the analysis. The Cash Flow Method
(CFM) calculates Minimum Annual Funding of Replacement Reserves that will fund Projected Replacements identified in the Replacement
Reserve Inventory from a common pool of Replacement Reserves and prevent Replacement Reserves from dropping below a Minimum
Recommended Balance.
CFM - The Minimum Annual Funding remains remains constant at $9,520 / Year throughout the entire 30-year Analysis Period.
Study Period
The Replacement Reserve Analysis evaluates the funding of Replacement Reserves over a 30-year Analysis Period that begins on October 1,
2016.
Beginning Balance
A $0.00 beginning balance was assumed due to the pending acquisition.
ADJUSTMENTS AND INFLATION
The short term consequences of 2.25% inflation and no constant annual increase in Reserve funding on the Cash Flow Method. Other
calculations in this Analysis do not account for inflation or a constant annual increase. The calculations in this Analysis do not account for
interest earned on Replacement Reserves.
PHYSICAL NEEDS ASSESSMENT - ASPEN HILL CONDOS
RD3-005 - Aspen Hill Condos
Created: 11/01/2016
Page 45 of 52
PROJECTED REPLACEMENTS
The Aspen Hills Replacement Reserve Inventory identifies 32 Projected Replacements with a one-time Replacement Cost of $262,917
and replacements totaling $186,990 in the 30-year Study Period. Projected Replacements are the replacement of commonly-owned items
that: require periodic replacement and whose replacement is to be funded from Replacement Reserves. The accuracy of the Aspen Hills
Replacement Reserve Analysis is dependent upon expenditures from Replacement Reserves being made ONLY for the 32 Projected
Replacements specifically listed in the Replacement Reserve Inventory.
The Cash Flow Method (also referred to as the Straight Line Method) is founded on the concept that the Replacement Reserve Account is
solvent if cumulative receipts always exceed cumulative expenses. The Cash Flow Method calculates a MINIMUM annual deposit to
Replacement Reserves that will:
- Fund all Projected Replacements listed in the Replacement Reserve Inventory
- Prevent Replacement Reserves from dropping below a minimum recommended balance (lowest reserve balance)
- Allow a constant annual funding level between peaks in cumulative expenditures
PHYSICAL NEEDS ASSESSMENT - ASPEN HILL CONDOS
RD3-005 - Aspen Hill Condos
Created: 11/01/2016
Page 46 of 52
ASPEN HILL Condos
30 Year Replacement Schedule
(Blue cells allow data input)
Inflation Rate:2.25%102%1.04550625 1.069030141 1.093083319 1.117677693 1.142825442 1.168539014 1.194831142 1.221714843 1.249203426 1.277310504 1.30604999 1.335436115 1.365483427
Reserve Account Growth Rate:0.08%
Total Number of Units 8 Total
Useful Units
Total Unit Life Schedule Yr 1 Yr 2 Yr 3 Yr 4 Yr 5 Yr 6 Yr 7 Yr 8 Yr 9 Yr 10 Yr 11 Yr 12 Yr 13 Yr 14
Replacement Item Items Cost (Yrs)Replaced
PROJECT INTERIOR
Dishwasher Units 8 15 8
Dishwasher Costs 350 - - - - - - - - - - - - - -
Dryer Units 15 12 4
Dryer Costs 400 1,636 - - - - - - - - - - - - -
Washer Units 15 12 4
Washer Costs 450 1,841 - - - - - - - - - - - - -
Garbage Disposal Units 8 12 8 8
Garbage Disposal Costs 45 - - - - - - - - - - - 470 - -
Microwave Units 8 12 8 8
Microwave Costs 175 - - - - - - - - - - - 1,828 - -
Range Units 8 20 8
Range Costs 350 - - - - - - - - - - - - - -
Range Hood Units 8 20 8
Range Hood Costs 250 - - - - - - - - - - - - - -
Refrigerator Units 8 20 8
Refrigerator Costs 500 - - - - - - - - - - - - - -
Water Heater Units 0 15 8
Water Heater Costs - - - - - - - - - - - - - -
Carpet Units 8 10 8 8
Carpet Costs 1500 - - - - - - - - - 14,990 - - - -
Bath Cabinets Units 8 30 2 2
Bath Cabinets Costs 350 - - - - - - - - - - - 914 - -
Bath Countertops Units 8 20 8 2
Bath Countertops Costs 100 - - - - - - - - - - - 261 - -
Kitchen Countertops Units 8 15 6
Kitchen Countertops Costs 1200 - - - - - - - - - - - - - -
Kitchen Cabinets Units 8 30 2 2
Kitchen Cabinets Costs 2850 - - - - - - - - - 7,120 - - - -
Bath/Kitchen-Faucets Units 8 20 8 2
Bath/Kitchen-Faucets Costs 75 - - - - - - - - - 187 - - - -
Shower/Tub Units 8 25 8 2
Shower/Tub Costs 200 - - - - - - - - - 500 - - - -
Sink - Bath Units 8 20 8 2
Sink - Bath Costs 75 - - - - - - - - - 187 - - - -
Sink - Kitchen Units 8 20 8 2
Sink - Kitchen Costs 100 - - - - - - - - - 250 - - - -
Toilet Units 8 25 8 2
Toilet Costs 175 - - - - - - - - - 437 - - - -
Exhaust Fan Units 8 10 24 8
Exhaust Fan Costs 100 - - - - - - - - - 999 - - - -
Smoke Detector Units 16 25 16
Smoke Detector Costs 65 - - - - - - - - - - - - - -
Painting Units 5 40 4 4 4 4 4
Painting Costs 850 - 3,555 - - 3,800 - - 4,062 - - 4,343 - - 4,643
Closet Doors Units 8 30 8
Closet Doors Costs - - - - - - - - - - - - - -
Exterior Doors Units 8 20 14 2 2 2
Exterior Doors Costs 225 - - - 492 - - - 538 - - - 588 - -
Interior Doors Units 20 18 2 2 2 2
Interior Doors Costs 80 - - 171 - - 183 - - 195 - - 209 - -
Total Project Interior 3,477$ 3,555$ 171$ 492$ 3,800$ 183$ -$ 4,600$ 195$ 24,672$ 4,343$ 4,271$ -$ 4,643$
PROJECT EXTERIOR
Painting Units 1 8 4 1 1
Painting Costs 7500 - - 8,018 - - - - - - - 9,580 - - -
Roofing 1 25 1 1
Roofing Costs 18800 - - - - - - - - - - - 24,554 - -
Inflation Rate:2.25%102%1.04550625 1.069030141 1.093083319 1.117677693 1.142825442 1.168539014 1.194831142 1.221714843 1.249203426 1.277310504 1.30604999 1.335436115 1.365483427
Reserve Account Growth Rate:0.08%
Total Number of Units 8 Total
Useful Units
Total Unit Life Schedule Yr 1 Yr 2 Yr 3 Yr 4 Yr 5 Yr 6 Yr 7 Yr 8 Yr 9 Yr 10 Yr 11 Yr 12 Yr 13 Yr 14
Replacement Item Items Cost (Yrs)Replaced
Windows Units 24 25 12 4
Wiindows Costs 600 - - - - 2,682 - - - - - - - - -
Deck Units 1 20 1
Deck Costs 15000 - - - - - - - - - - - - - -
Landscaping 1 15 1 1
Landscaping Costs 6000 - - - - - - - - - - - 7,836 - -
Concrete Walks 2 20 2
Concrete Walks Costs 4500 - - - - - - - - - - - - - -
AC Paving 1 25 1 1
AC Paving Costs 4000 - - - - - - - 4,779 - - - - - -
Total Project Exterior -$ -$ 8,018$ -$ 2,682$ -$ -$ 4,779$ -$ -$ 9,580$ 32,390$ -$ -$
TOTAL PROJECT COSTS 3,477$ 3,555$ 8,189$ 492$ 6,483$ 183$ -$ 9,379$ 195$ 24,672$ 13,923$ 36,661$ -$ 4,643$
Reserve for Replacement Annual
Deposit
Annual Deposit/Balance 8 $1,190 $9,520 $9,520 $15,564 $21,589 $23,041 $32,204 $35,469 $45,065 $54,941 $55,536 $65,320 $50,727 $46,736 $19,967 $29,592
Replacements Required ($3,477)($3,555)($8,189)($492)($6,483)($183)$0 ($9,379)($195)($24,672)($13,923)($36,661)$0 ($4,643)
Interest on Reserve 1.0%$60 $121 $135 $227 $259 $355 $454 $460 $558 $412 $372 $104 $201
Reserve Cummulative Balance $6,044 $12,069 $13,521 $22,684 $25,949 $35,545 $45,421 $46,016 $55,800 $41,207 $37,216 $10,447 $20,072 $25,150
ASPEN HILL Condos
30 Year Replacement Schedule
(Blue cells allow data input)
Inflation Rate:
Reserve Account Growth Rate:
Total Number of Units
Replacement Item
Dishwasher Units
Dishwasher Costs
Dryer Units
Dryer Costs
Washer Units
Washer Costs
Garbage Disposal Units
Garbage Disposal Costs
Microwave Units
Microwave Costs
Range Units
Range Costs
Range Hood Units
Range Hood Costs
Refrigerator Units
Refrigerator Costs
Water Heater Units
Water Heater Costs
Carpet Units
Carpet Costs
Bath Cabinets Units
Bath Cabinets Costs
Bath Countertops Units
Bath Countertops Costs
Kitchen Countertops Units
Kitchen Countertops Costs
Kitchen Cabinets Units
Kitchen Cabinets Costs
Bath/Kitchen-Faucets Units
Bath/Kitchen-Faucets Costs
Shower/Tub Units
Shower/Tub Costs
Sink - Bath Units
Sink - Bath Costs
Sink - Kitchen Units
Sink - Kitchen Costs
Toilet Units
Toilet Costs
Exhaust Fan Units
Exhaust Fan Costs
Smoke Detector Units
Smoke Detector Costs
Painting Units
Painting Costs
Closet Doors Units
Closet Doors Costs
Exterior Doors Units
Exterior Doors Costs
Interior Doors Units
Interior Doors Costs
Total Project Interior
Painting Units
Painting Costs
Roofing
Roofing Costs
1.396206804 1.427621457 1.45974294 1.492587156 1.526170367 1.560509201 1.595620658 1.631522122 1.66823137 1.705766576 1.744146324 1.783389616 1.823515883 1.86454499 1.906497252 1.949393441
Yr 15 Yr 16 Yr 17 Yr 18 Yr 19 Yr 20 Yr 21 Yr 22 Yr 23 Yr 24 Yr 25 Yr 26 Yr 27 Yr 28 Yr 29 Yr 30
8
3,909 - - - - - - - - - - - - - - -
8
4,468 - - - - - - - - - - - - - - -
8
5,026 - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - -
8
- - - 4,179 - - - - - - - - - - - -
8
- - - - - 3,121 - - - - - - - - - -
8
- - - - - 6,242 - - - - - - - - - -
8
- - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - -
6
- - - - - 936 - - - - - - - - - -
6
10,053 - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - -
6
- - - - - 702 - - - - - - - - - -
6
- - - - - 1,873 - - - - - - - - - -
6
- - - - - 702 - - - - - - - - - -
6
- - - - - 936 - - - - - - - - - -
6
- - - - - - - - - - 1,831 - - - - -
8 8
- - - - - 1,248 - - - - - - - - - 1,560
16
- - - - - - - - - - 1,814 - - - - -
4 4 4 4 4
- - 4,963 - - 5,306 - - 5,672 - - 6,064 - - 6,482 -
8
- - - - - - - - - - - - - - - -
2 2 2 2
- 642 - - - 702 - - - 768 - - - 839 - -
2 2 2 2 2
223 - - 239 - - 255 - - 273 - - - 298 - -
23,680$ 642$ 4,963$ 4,418$ -$ 21,769$ 255$ -$ 5,672$ 1,041$ 3,645$ 6,064$ -$ 1,137$ 6,482$ 1,560$
1 1
- - - - 11,446 - - - - - - - 13,676 - - -
- - - - - - - - - - - - - - - -
Inflation Rate:
Reserve Account Growth Rate:
Total Number of Units
Replacement Item
Windows Units
Wiindows Costs
Deck Units
Deck Costs
Landscaping
Landscaping Costs
Concrete Walks
Concrete Walks Costs
AC Paving
AC Paving Costs
Total Project Exterior
TOTAL PROJECT COSTS
Reserve for Replacement
Annual Deposit/Balance
Replacements Required
Interest on Reserve
Reserve Cummulative Balance
1.396206804 1.427621457 1.45974294 1.492587156 1.526170367 1.560509201 1.595620658 1.631522122 1.66823137 1.705766576 1.744146324 1.783389616 1.823515883 1.86454499 1.906497252 1.949393441
Yr 15 Yr 16 Yr 17 Yr 18 Yr 19 Yr 20 Yr 21 Yr 22 Yr 23 Yr 24 Yr 25 Yr 26 Yr 27 Yr 28 Yr 29 Yr 30
4 4
- 3,426 - - - - - - - - - 4,280 - - - -
1
- - 21,896 - - - - - - - - - - - - -
- - - - - - - - - - - - - - - -
2
- - - - - - - - 15,014 - - - - - - -
- - - - - - - - - - - - - - - -
-$ 3,426$ 21,896$ -$ 11,446$ -$ -$ -$ 15,014$ -$ -$ 4,280$ 13,676$ -$ -$ -$
23,680$ 4,069$ 26,859$ 4,418$ 11,446$ 21,769$ 255$ -$ 20,686$ 1,041$ 3,645$ 10,344$ 13,676$ 1,137$ 6,482$ 1,560$
$34,670 $20,762 $26,325 $9,154 $14,252 $12,373 $153 $9,324 $18,842 $7,769 $16,231 $22,173 $21,476 $17,439 $25,901 $29,103
($23,680)($4,069)($26,859)($4,418)($11,446)($21,769)($255)$0 ($20,686)($1,041)($3,645)($10,344)($13,676)($1,137)($6,482)($1,560)
$251 $112 $168 ($4)$47 $29 ($94)($2)$93 ($18)$67 $127 $120 $79 $164 $196
$11,242 $16,805 ($366)$4,732 $2,853 ($9,367)($196)$9,322 ($1,751)$6,711 $12,653 $11,956 $7,919 $16,381 $19,583 $27,739
($60,000)
($40,000)
($20,000)
$0
$20,000
$40,000
$60,000
$80,000
Yr
1
Yr
2
Yr
3
Yr
4
Yr
5
Yr
6
Yr
7
Yr
8
Yr
9
Yr
10
Yr
11
Yr
12
Yr
13
Yr
14
Yr
15
Yr
16
Yr
17
Yr
18
Yr
19
Yr
20
Yr
21
Yr
22
Yr
23
Yr
24
Yr
25
Yr
26
Yr
27
Yr
28
Yr
29
Yr
30
Replacement Reserve Cash Flow
Annual Deposit/Balance Replacements Required Interest on Reserve
Reserve Cummulative Balance
October 24, 2016
Mr. Justin Barker, AICP
Senior Planner
City of Aspen
130 So. Galena St.
Aspen, Colorado 81611
RE: Aspen Hills Affordable Housing
331-338 Midland Avenue
Mr. Barker:
Please accept this application to convert this existing eight-unit free-market residential building
into local affordable housing and the creation of Certificates of Affordable Housing Credit.
The Aspen Hills Condominiums is an existing eight-unit
residential building located in the Smuggler neighborhood
along Midland Avenue. It is addressed as 331-338
Midland Avenue. The building was constructed in 1965
with all two-bedroom units and condominiumized in 1969.
The 15,160 s.f. property is located in the RMF Zone
District. The building is not on the City of Aspen Inventory
of Historic Landmark Sites and Structures.
Although free-market, the units have served a local
population as either owner-occupied or rental units. It is
exactly these types of units that slowly drift out of the local
housing inventory as property values increase and
employees are priced-out. This application utilizes the City’s award-winning Credits program to
intervene and permanently secure these units as employee housing.
WEB2 Capital, LLC, is the contract purchaser of all eight units and has been granted authority to
submit this application by the owners and by the Aspen Hills Condominiums homeowner’s
association. Bill Boehringer is the Chief Executive Officer of WEB2 Capital LLC, a Colorado
limited liability company, and has authorized BendonAdams to represent his interests.
This application requests growth management approvals, including allotments for eight affordable
housing units, recognition of existing non-conformities, exemption from the City’s Residential
Design Standards, a variance for one parking space, and authorization for the issuance of
Certificates of Affordable Housing Credits.
Page 2 of 17
Aspen Hills Affordable Housing
The Aspen/Pitkin County Housing Authority has recently adopted “Marketability Standards” on
July 6, 2016, which clarify and provide guidance on physical capital needs for existing units to be
accepted into the affordable housing inventory. A Physical Capital Needs Assessment (PCNA)
and an Energy Audit have been performed and will be provided under separate cover. These
reports will enable APCHA and the owner to determine what improvements must be accomplished
in the near term and the extent of initial funding for a capital reserve account.
This application is submitted pursuant to the following sections of the Aspen Land Use Code:
• 26.304 Common Development Review Procedures
• 26.410 Residential Design Standards
• 26.470.070.2 Growth Management – Change-in-Use
• 26.470.070.4 Growth Management – Affordable Housing
• 26.515 Parking
• 26.540 Certificates of Affordable Housing Credit
• 26.575.020 Calculations and Measurements
• 26.710.080 Residential Multi-Family (RMF) Zone District
The application is divided into three sections: Section I describes the existing conditions of the
project site and environs. Section II outlines the applicant’s proposed development and Section
III addresses the proposed development’s compliance with review criteria. Exhibits are provided
as follows:
• Exhibit 1: Land Use Application and Dimensions Form
• Exhibit 2: Vicinity Map
• Exhibit 3: Pre-Application Conference Summary
• Exhibit 4: Proof of the Applicant’s Ownership and Authority
• Exhibit 5: HOA Compliance Form
• Exhibit 6: Authorization for BendonAdams LLC to represent the applicant
• Exhibit 7: Fee Agreement
• Exhibit 8: Mailing addresses for property owners within 300 feet of the property
• Exhibit 9: Existing conditions drawings
• Exhibit 10: Site improvement survey
The applicant has attempted to address all relevant provisions of the Code and to provide
sufficient information to enable a thorough evaluation of the application. Upon request,
BendonAdams will gladly provide such additional information as may be required in the course of
the review.
Sincerely,
Chris Bendon, AICP
BendonAdams LLC
300 So. Spring St. #202
Aspen, CO
chris@bendonadams.com
970.925.2855
U
Page 3 of 17
Aspen Hills Affordable Housing
Section I: Existing Conditions
The Aspen Hills property is a 15,160 square foot site on
Midland Avenue in the Smuggler neighborhood. The
property is developed with one building containing eight
residences and eight on-site parking spaces. The building
has been condominiumized into eight separate ownership
interests, plus a common area. The property is posted as
331-338 Midland Avenue.
The property was originally part of the Mascotte and “99”
lode claims. A roughly 1-acre portion was conveyed by
deed to the Aspen Construction Company in 1965. The
entire 1-acre property was conveyed to John Villari in 1969.
The southern portion of the property, roughly 28,622 square
feet, was conveyed back to the Aspen Construction
Company in 1970, creating the basis for the property
boundary today. The property to the South is developed with a multi-family building commonly
known as Aspen View.
The building was constructed in 1965, originally as all two-bedroom units. One of the units, Unit
336, was converted into a one-bedroom unit according to permit records on file with the City of
Aspen Building Department. Other improvements on record are typical interior upgrades and
egress window improvements. Another unit appears to have been converted to a one-bedroom
without a building permit. This application proposes reverting the illegal improvements to reinstate
a two-bedroom unit.
Two parcels, noted on the survey as parcel 1 and parcel 2, were conveyed to the Board of
Commissioners of the Pitkin County Housing Authority in 1978 for “roadway purposes.” This
conveyance appears to have been in-lieu of condemnation proceedings. For the purposes of this
application, these parcels have been considered public right-of-way.
Access to the property is from Midland Avenue.
Eight on-site parking spaces are located in front of
the structure, entirely within the property. Each
parking space has a second, tandem space located
within the right-of-way. For purposes of this
application, only the eight on-site spaces have
been counted as legitimate existing parking.
Parking requirements for this property, according to
Chapter 26.515 of the City’s land use code, are the
lower of one unit per bedroom or two per unit.
Seven two-bedroom units and 1 one-bedroom unit
therefore require 15 parking spaces. The existing
condition, counting only those spaces entirely on-site, represents an existing parking deficit of 7
spaces.
A few of the units have been upgraded with newer windows/doors and larger egress windows for
the lower level bedrooms. Other units maintain vintage conditions and will likely require upgrades
Parcel ID Numbers
Unit Parcel ID
A1 2737-074-05-001
A2 2737-074-05-006
A3 2737-074-05-002
A4 2737-074-05-008
A5 2737-074-05-007
A6 2737-074-05-003
A7 2737-074-05-005
A8 2737-074-05-004
Common
Area 2737-074-05-801
Page 4 of 17
Aspen Hills Affordable Housing
by the applicant prior to acceptance into the housing inventory. Clarification on these conditions
will be contained in the pending PCNA and Energy reports.
The property was originally part of the Mascotte Lode and 99 Lode (mining claims) which extend
onto the face of Smuggler Mountain. Transfer by warrantee deed of approximately 1 acre to the
Aspen Construction Corporation in 1965 pre-dated County subdivision standards, as did the
transfer by warrantee deed to John Villari of the entire one-acre parcel in 1969. Villari
condominiumized the 8-unit building and the property in 1969 and conveyed at least one unit.
Transfer back to the Aspen Construction Company of the southern, approximately 28,622 s.f.,
portion of the 1-acre parcel occurred in 1970, also pre-dating City/County subdivision standards.
This is the basis for the property today. The title commitment documents these transfers.
The 1970 transfer established the southern and eastern
boundaries along the edge of existing improvements as
reflected in the survey. The southern boundary traces
the balcony, including the stairs. The eastern boundary
traces the building footprint, including the below grade
utility area. These property boundaries created non-
conforming setback conditions, diagrammed in the
attached drawing set and highlighted to the right.
Floor Area and Net Livable measurements have been
provided by Alius Design according the Calculations
and Measurements section (26.575.020) of the City of
Aspen Land Use Code. The Floor Area of the building
is approximately 5,040, well below the allowable of
approximately 11,369 s.f. (not accounting for potential
slope reduction).
The existing trash/recycle area is accessed off Midland
at the corner of the property. It is within the right-of-way
but outside the roadway. This is also the location of the
mail pedestal and several utility connection pedestals.
U
Aspen Hills As-Built Information
Unit Beds Baths Net Livable s.f.
331 2 1 852
332 2 1 807
333 2 1 861
334 2 1 861
335 2 1 861
336 2 1 861
337 2 1 866
338 2 1 866
Page 5 of 17
Aspen Hills Affordable Housing
Section II: Project Description/The Proposal
The application proposes repurposing the Aspen Hills building as affordable housing. Eight two-
bedroom affordable housing units, according to the standards of Section 26.470.100.A.2, will
house eighteen employees. (2.25 FTEs/unit). The application proposes these units to be rentals
and for sale units, restricted to affordable rental rates and sale prices. The rental/sale mix is to
respect ongoing purchase discussions and account for potential hold-over owners/tenants. The
applicant is suggesting these units be Category 2 or Category 3, or combination thereof.
This property, while free-market, serves as local employee housing and vacation rentals. It is
exactly these types of units that slowly transition out of local usage due to escalating prices,
increasing demands on the affordable housing inventory. This proposal counters this trend by
utilizing the City’s Credits program and permanently securing these units as affordable housing.
All forms of affordable housing are desperately needed in the upper valley. Affordable rentals are
in significant demand. The proposal locates affordable housing within an existing neighborhood,
walking/biking distance to downtown, with great access to transit, and with very little construction
impacts.
The building and its units are in good working order and minimal improvements will be necessary.
Interior work contemplates improvements to systems, fixtures, finishes, and appliances. Each
unit is different, so some units will maintain current status or have minimal upgrades while other
units will be more-substantially overhauled. Energy improvements contemplate window, door,
and sealing/insulation upgrades. Exterior work contemplates refurbishment or potential
replacement of the existing decks, and installing larger egress window wells for the lower level
bedrooms. Installing larger window wells will have a marginal impact on Floor Area. But the
property is currently well below the maximum allowance.
Units average approximately 854 s.f. of net livable area each. This is only 5% below the APCHA
standard of 900 s.f. for a two-bedroom unit but well within the 20% tolerance for acceptance. The
units provide comfortable living conditions with the living/dining/kitchen areas on the main level
and bedrooms below. Each unit has ample natural light, is 50% or more above grade, and has a
washer/dryer. Each unit enjoys storage and one dedicated on-site parking space. The site is
walking/biking distance to downtown, parks and recreation amenities, and is well-served by
transit. The applicant has previously presented this opportunity to the APCHA Board on March 2
and August 3, 2016; at both meetings, the Board expressed their support of the project.
The applicant is requesting APCHA accept these units at their current size. Allowing these units
to be slightly below the 900 s.f. requirement enables them to be two-bedroom units (instead of
one-bedroom units) thereby providing more local housing towards a significant community need.
The application proposes correcting the illegal construction by reinstating a two-bedroom unit.
The one unit that was legally converted into a one-bedroom is proposed to be returned to a two-
bedroom unit.
An extensive capital assessment and an energy audit is being performed and will have been
completed prior to review by the Housing Board and the Planning and Zoning Commission. The
results of this analysis will indicate the required upgrades to be accomplished prior to deed
restriction and acceptance into the affordable housing inventory. The analysis will provide a
capital improvement schedule for future improvements and a basis for initial funding of a capital
reserve account for the property.
Page 6 of 17
Aspen Hills Affordable Housing
The applicant is requesting the capital assessment and energy audit information be translated
into a pre-occupancy work program and capital reserve fund to be reviewed by APCHA staff,
endorsed by the Housing Board, and ultimately adopted by the Planning and Zoning Commission
as a series of conditions that must be met prior to APCHA accepting the units into the affordable
housing inventory.
The project fully complies with the RMF Zone District, excepting those existing setback non-
conformities stated above. The applicant is requesting that the Planning and Zoning Commission
recognize the existing non-conformities, grant the requested growth management approvals,
exempt the project from the City’s Residential Design Standards, and authorize issuance of
Certificates of Affordable Housing Credit for 18 FTEs at the Category rate finally set by the
applicant.
The applicant is contemplating a future expansion utilizing the northern vacant section of the
property. This expansion would be a separate free standing building of affordable housing. At
this time, no specific designs are proposed and the applicant is not requesting consideration or
approval. If an expansion is proposed, the applicant understands the expansion must comply
with the requirements effective at the time of submission and be reviewed according to the then
process. Pursuant to prior discussions with the APCHA Board, the applicant is willing at this time
to commit that the future phase be 100% affordable housing, and with the Category designation
to be determined by the applicant at the time of application for that approval.
Page 7 of 17
Aspen Hills Affordable Housing
Section III: Review Requirements
A. Common Development Review Procedures
This land use application is submitted pursuant to and subject to the requirements of Chapter
26.304 – Common Development Review Procedures – of the City of Aspen Land Use Code.
B. Residential Design Standards RDS
This application is subject to the City’s Residential Design Standards and the applicant is seeking
exemption under exemption provision 26.410.010.C.1 – An addition or remodel to an existing
structure that does not change the exterior of the building; and, provision 2 – A remodel of a
structure where the alterations proposed change the exterior of the building, but are not
addressed by any of the residential design standards.
Expected interior improvements will be to fixtures, finishes, and equipment to meet the
expectations of the Aspen/Pitkin County housing authority and their Marketability Standards
adopted July 6, 2016. These interior improvements clearly fall under exemption 1.
Exterior improvements are expected to be some recladding of the deck surface, upgrades to
windows and doors for energy efficiency, upgrades to egress windows for life/safety, and other
minor improvements for aesthetic and durability purposes. The minor level of exterior changes
do not afford the opportunity to re-orient the building or make major changes to the mass of the
building. And, the changes are not addressed by the Standards, falling under exemption provision
2.
C. Growth Management Review.
The project proposes to refurbish and re-use the existing Aspen Hills building. Demolition is not
proposed to be triggered. Upgrades include interior renovations, building envelope improvements
for energy efficiency, and improvements to aesthetics and existing egress conditions. The eight
existing residences are free-market (unrestricted) and the application proposes these units be
deed restricted as affordable housing, rental and/or for sale, Category 2 or Category 3.
Responses to relevant growth management criteria are as follows:
26.470.040.3 Remodeling or expansion of existing multi-family residential development.
The remodeling of existing multi-family residential dwellings shall be exempt from growth
management provided that no additional Floor Area is added to the property and provided
demolition of a unit or structure does not occur. When an expansion of Floor Area occurs, see
Section 26.470.060, subsection 2. When demolition occurs, see Paragraph 26.470.070.6,
Demolition or redevelopment of multi-family housing. (Also see definition of demolition, Section
26.104.100.)
Response – The application proposes refurbishment of these existing units and
conversion to affordable housing. A minimal increase to the property’s Floor Area may
occur as a result of improving egress conditions from subgrade bedrooms. As the property
is proposed as affordable housing, the mitigation requirements do not apply.
Page 8 of 17
Aspen Hills Affordable Housing
26.470.050.B General Requirements: All development applications for growth management
review shall comply with the following standards. The reviewing body shall approve, approve with
conditions, or deny an application for growth management review based on the following generally
applicable criteria and the review criteria applicable to the specific type of development:
1. Sufficient growth management allotments are available to accommodate the proposed
development, pursuant to Subsection 26.470.030.D. Applications for multi-year allotments,
pursuant to Paragraph 26.470.090.1 shall not be required to meet this standard.
Response – This application requests eight allotments of affordable housing. According
to section 26.470.030.D, no annual limit applies to affordable housing.
2. The proposed development is compatible with land uses in the surrounding area, as well
as with any applicable adopted regulatory master plan.
Response – This multi-family residential building is intended to be re-used with minimal
changes to its aesthetic character. The neighborhood is a mix of single-family, duplex and
multi-family housing – both free-market and affordable housing. The property is consistent
with this mix and the conversion from free-market to affordable represents minimal if any
change to its compatibility with the neighborhood.
3. The development conforms to the requirements and limitations of the zone district.
Response – The development conforms to the RMF Zone District, except for existing non-
conforming setback conditions along the south and east property boundaries. These
appear to be a result of the ownership conveyance which affected a subdivision of the
property in 1970. (Please refer to the conveyance deed rescored at 143387 with Pitkin
County Clerk.) The proposal maintains and does not worsen these setback conditions.
Contained in this application is a request for a one-space parking variance. This would
allow one unit that was officially converted to a one-bedroom unit to be officially returned
to a two-bedroom configuration.
4. The proposed development is consistent with the Conceptual Historic Preservation
Commission approval, the Conceptual Commercial Design Review approval, and the Planned
Development – Project Review approval, as applicable.
Response – The development proposed is a re-use of an existing building and has not
been required to be reviewed as a Planned Development. The property is 100%
residential and is not historically designated.
5. Unless otherwise specified in this Chapter, sixty percent (60%) of the employees
generated by the additional commercial or lodge development, according to Subsection
26.470.100.A, Employee generation rates, are mitigated through the provision of affordable
housing. The employee generation mitigation plan shall be approved pursuant to Paragraph
26.470.070.4, Affordable housing, at Category 4 rate as defined in the Aspen/Pitkin County
Page 9 of 17
Aspen Hills Affordable Housing
Housing Authority Guidelines, as amended. An applicant may choose to provide mitigation units
at a lower category designation. If an applicant chooses to use a Certificate of Affordable Housing
Credit as mitigation, pursuant to Chapter 26.540, such Certificate shall be extinguished pursuant
to Chapter 26.540.90 Criteria for Administrative Extinguishment of the Certificate.
Response – Not applicable. The development contains no commercial or lodging
components and does not generate employees according to section 26.470.100.A.
6. Affordable housing net livable area, for which the finished floor level is at or above natural
or finished grade, whichever is higher, shall be provided in an amount equal to at least thirty
percent (30%) of the additional free-market residential net livable area, for which the finished floor
level is at or above natural or finished grade, whichever is higher.
Affordable housing shall be approved pursuant to Paragraph 26.470.070.4, Affordable housing,
and be restricted to a Category 4 rate as defined in the Aspen/Pitkin County Housing Authority
Guidelines, as amended. An applicant may choose to provide mitigation units at a lower category
designation. Affordable housing units that are being provided absent a requirement ("voluntary
units") may be deed-restricted at any level of affordability, including residential occupied. If an
applicant chooses to use a Certificate of Affordable Housing Credit as mitigation, pursuant to
Chapter 26.540, such Certificate shall be extinguished pursuant to Chapter 26.540.90 Criteria for
Administrative Extinguishment of the Certificate, utilizing the calculations in Section 26.470.100
Employee/Square Footage Conversion.
Response – Not applicable. The proposal is to re-purpose all eight free-market residential
units as affordable housing. No additional free-market residential square footage is
proposed.
7. The project represents minimal additional demand on public infrastructure, or such
additional demand is mitigated through improvement proposed as part of the project. Public
infrastructure includes, but is not limited to, water supply, sewage treatment, energy and
communication utilities, drainage control, fire and police protection, solid waste disposal, parking
and road and transit services.
Response – The proposal re-purposes and an existing residential building that is already
served. Minimal interior upgrades are proposed and no changes to service requirements
are expected. No changes to existing fixture counts are proposed. The applicant commits
to mitigating any additional demands on the public infrastructure as required by City
Codes.
26.470.070.2 Change in use. A change in use of an existing property, structure or portions of an
existing structure between the development categories identified in Section 26.470.020
(irrespective of direction), for which a certificate of occupancy has been issued for at least two (2)
years and which is intended to be reused, shall be approved, approved with conditions, or denied
by the Planning and Zoning Commission based on the general requirements outlined in Section
26.470.050. No more than one (1) free-market residential unit may be created through the
change-in-use.
Page 10 of 17
Aspen Hills Affordable Housing
Response – See below for response the general requirements. The proposal does not
involve creation of an additional free-market unit.
26.470.070.4 Affordable housing. The development of affordable housing deed-restricted in
accordance with the Aspen/Pitkin County Housing Authority Guidelines shall be approved,
approved with conditions, or denied by the Planning and Zoning Commission based on the
following criteria:
a. The proposed units comply with the Guidelines of the Aspen/Pitkin County Housing Authority.
A recommendation from the Aspen/Pitkin County Housing Authority shall be required for this
standard. The Aspen/Pitkin County Housing Authority may choose to hold a public hearing with
the Board of Directors.
Response – A complete capital assessment and energy audit of the building is underway,
the results of which will be used to address the Aspen/Pitkin County Housing Authority’s
recently adopted “Marketability Standards.” These standards were adopted as an
extension of the Guidelines by the Housing Board to ensure existing housing units
proposed for deed restriction are of a sufficient quality and have a sufficient capital reserve
for long-term success. The proposed units are high quality but are expected to require
upgrades to meet the Marketability Standards. A recommendation from APHCA regarding
these studies and the newly adopted standards is expected.
The units are slightly below the minimum net livable size specifications stated in the
Guidelines but well within the acceptable tolerance. The Housing Guidelines allow for up
to a 20% reduction in size.
b. Affordable housing required for mitigation purposes shall be in the form of actual newly built
units or buy-down units. Off-site units shall be provided within the City limits. Units outside the
City limits may be accepted as mitigation by the City Council, pursuant to Paragraph
26.470.090.2. If the mitigation requirement is less than one (1) full unit, a fee-in-lieu payment may
be accepted by the Planning and Zoning Commission upon a recommendation from the
Aspen/Pitkin County Housing Authority. If the mitigation requirement is one (1) or more units, a
fee-in-lieu payment shall require City Council approval, pursuant to Paragraph 26.470.090.3. A
Certificate of Affordable Housing Credit may be used to satisfy mitigation requirements by
approval of the Community Development Department Director, pursuant to Section 26.540.080
Extinguishment of the Certificate. Required affordable housing may be provided through a mix of
these methods.
Response – The proposed affordable housing units utilize an existing eight-unit building,
“buying-down” the units to affordable status in exchange for affordable housing
certificates.
c. Each unit provided shall be designed such that the finished floor level of fifty percent (50%) or
more of the unit's net livable area is at or above natural or finished grade, whichever is higher.
This dimensional requirement may be varied through Special Review, Pursuant to Chapter
26.430.
Page 11 of 17
Aspen Hills Affordable Housing
Response – The eight existing units were developed in a townhome configuration with the
entry, living room and kitchen on the upper level, and with two bedrooms, a bathroom, and
laundry on the lower level. The units along the front of the building (facing Midland) are
developed with walk-out capability on the lower level. One of the two units on this end
has been retrofitted with a sliding door. The lower level of the units along the rear of the
property (east side) are nearly subgrade, making the units come close to the 50%
limitation. Please refer to the drawing set which shows site and building sections.
d. The proposed units shall be deed-restricted as "for sale" units and transferred to qualified
purchasers according to the Aspen/Pitkin County Housing Authority Guidelines. The owner may
be entitled to select the first purchasers, subject to the aforementioned qualifications, with
approval from the Aspen/Pitkin County Housing Authority. The deed restriction shall authorize the
Aspen/Pitkin County Housing Authority or the City to own the unit and rent it to qualified renters
as defined in the Affordable Housing Guidelines established by the Aspen/Pitkin County Housing
Authority, as amended. The proposed units may be rental units, including but not limited to rental
units owned by an employer or nonprofit organization, if a legal instrument in a form acceptable
to the City Attorney ensures permanent affordability of the units. The City encourages affordable
housing units required for lodge development to be rental units associated with the lodge
operation and contributing to the long-term viability of the lodge. Units owned by the Aspen/Pitkin
County Housing Authority, the City of Aspen, Pitkin County or other similar governmental or quasi-
municipal agency shall not be subject to this mandatory "for sale" provision.
Response – These units are proposed as affordable rentals and/or for sale units. The
rental/sale mix is to respect ongoing purchase discussions and account for potential hold-
over owners/tenants. The applicant is suggesting these be limited to a mix of Category 2
and 3.
e. Non-Mitigation Affordable Housing. Affordable housing units that are not required for mitigation,
but meet the requirements of Section 26.470.070.4(a-d). The owner of such non-mitigation
affordable housing is eligible to receive a Certificate of Affordable Housing Credit pursuant to
Chapter 26.540.
Response – The application proposes these non-mitigation units in exchange for
Certificates of Affordable Housing Credit. The eight two-bedroom units house 18
employees, according to Section 26.470.100.A.2. (2.25 employees housed for each two-
bedroom unit). The application requests the issuance of a Certificate in the amount of 18
Category 2 or Category 3 FTEs upon completion of the required improvements and
APCHA’s acceptance of the units into the affordable inventory.
Page 12 of 17
Aspen Hills Affordable Housing
26.470.070.5 Demolition or redevelopment of multi-family housing. The City's
neighborhoods have traditionally been comprised of a mix of housing types, including those
affordable by its working residents. However, because of Aspen's attractiveness as a resort
environment and because of the physical constraints of the upper Roaring Fork Valley, there is
constant pressure for the redevelopment of dwellings currently providing resident housing for
tourist and second-home use. Such redevelopment results in the displacement of individuals and
families who are an integral part of the Aspen work force. Given the extremely high cost of and
demand for market-rate housing, resident housing opportunities for displaced working residents,
which are now minimal, will continue to decrease.
Preservation of the housing inventory and provision of dispersed housing opportunities in Aspen
have been long-standing planning goals of the community. Achievement of these goals will serve
to promote a socially and economically balanced community, limit the number of individuals who
face a long and sometimes dangerous commute on State Highway 82, reduce the air pollution
effects of commuting and prevent exclusion of working residents from the City's neighborhoods.
The Aspen Area Community Plan established a goal that affordable housing for working residents
be provided by both the public and private sectors. The City and the Aspen/Pitkin County Housing
Authority have provided affordable housing both within and adjacent to the City limits. The private
sector has also provided affordable housing. Nevertheless, as a result of the replacement of
resident housing with second homes and tourist accommodations and the steady increase in the
size of the workforce required to assure the continued viability of Aspen area businesses and the
City's tourist-based economy, the City has found it necessary, in concert with other regulations,
to adopt limitations on the combining, demolition or conversion of existing multi-family housing in
order to minimize the displacement of working residents, to ensure that the private sector
maintains its role in the provision of resident housing and to prevent a housing shortfall from
occurring.
The combining, demolition, conversion or redevelopment of multi-family housing shall be
approved, approved with conditions or denied by the Planning and Zoning Commission based on
compliance with the following requirements (see definition of demolition.):
1. Requirements for combining, demolishing, converting or redeveloping free-market multi-
family housing units: Only one (1) of the following two (2) options is required to be met
when combining, demolishing, converting or redeveloping a free-market multi-family
residential property. To ensure the continued vitality of the community and a critical mass
of local working residents, no net loss of density (total number of units) between the
existing development and proposed development shall be allowed.
a. One-hundred-percent replacement. In the event of the demolition of free-market multi-
family housing, the applicant shall have the option to construct replacement housing
consisting of no less than one hundred percent (100%) of the number of units,
bedrooms and net livable area demolished. The replacement units shall be deed-
restricted as resident occupied affordable housing, pursuant to the Guidelines of the
Aspen/Pitkin County Housing Authority. An applicant may choose to provide
mitigation units at a lower category designation. Each replacement unit shall be
approved pursuant to Subsection 4, Affordable housing, of this Section.
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Aspen Hills Affordable Housing
When this one-hundred-percent standard is accomplished, the remaining
development on the site may be free-market residential development with no
additional affordable housing mitigation required as long as there is no increase in the
number of free-market residential units on the parcel. Free-market units in excess of
the total number originally on the parcel shall be reviewed pursuant to Paragraph
26.470.070.3, Expansion of free-market residential units within a multi-family or mixed-
use development.
b. Fifty-percent replacement. In the event of the demolition of free-market multi-family
housing and replacement of less than one hundred percent (100%) of the number of
previous units, bedrooms or net livable area as described above, the applicant shall
be required to construct affordable housing consisting of no less than fifty percent
(50%) of the number of units, bedrooms and the net livable area demolished. The
replacement units shall be deed-restricted as Category 4 housing, pursuant to the
guidelines of the Aspen/Pitkin County Housing Authority. An applicant may choose to
provide mitigation units at a lower category designation. Each replacement unit shall
be approved pursuant to Paragraph 26.470.070.4, Affordable housing.
When this fifty-percent standard is accomplished, the remaining development on the
site may be free-market residential development as long as additional affordable
housing mitigation is provided pursuant to Paragraph 26.470.070.3, Expansion of free-
market residential units within a multi-family or mixed-use project, and there is no
increase in the number of free-market residential units on the parcel. Free-market
units in excess of the total number originally on the parcel shall be reviewed pursuant
to Paragraph 26.470.070.7, New free-market residential units within a multi-family or
mixed-use project.
c. One-hundred percent affordable housing replacement. When one-hundred-percent of
the free-market multi-family housing units are demolished and are solely replaced with
deed-restricted affordable housing units on a site that are not required for mitigation
purposes, including any net additional dwelling units, pursuant to Section
26.470.070.4, Affordable Housing; all of the units in the redevelopment are eligible for
a Certificate of Affordable Housing Credit, pursuant to Section 26.540 Certificate of
Affordable Housing Credit. Any remaining unused free market residential development
rights shall be vacated.
2. Requirements for demolishing affordable multi-family housing units: In the event a project
proposes to demolish or replace existing deed-restricted affordable housing units, the
redevelopment may increase or decrease the number of units, bedrooms or net livable
area such that there is no decrease in the total number of employees housed by the
existing units. The overall number of replacement units, unit sizes, bedrooms and
category of the units shall be reviewed by the Aspen/Pitkin County Housing Authority and
a recommendation forwarded to the Planning and Zoning Commission.
3. Fractional unit requirement. When the affordable housing replacement requirement of this
Section involves a fraction of a unit, cash-in-lieu may be provided only upon the review
and approval of the City Council, to meet the fractional requirement only, pursuant to
Paragraph 26.470.090.3, Provision of required affordable housing via a cash-in-lieu
payment.
4. Location requirement. Multi-family replacement units, both free-market and affordable,
shall be developed on the same site on which demolition has occurred, unless the owner
shall demonstrate and the Planning and Zoning Commission determines that replacement
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of the units on site would be in conflict with the parcel's zoning or would be an inappropriate
solution due to the site's physical constraints.
When either of the above circumstances result, the owner shall replace the maximum
number of units on site which the Planning and Zoning Commission determines that the
site can accommodate and may replace the remaining units off site, at a location
determined acceptable to the Planning and Zoning Commission. A recommendation from
the Aspen/Pitkin County Housing Authority shall be considered for this standard.
5. Timing requirement. Any replacement units required to be deed-restricted as affordable
housing shall be issued a certificate of occupancy, according to the Building Department,
and be available for occupancy at the same time as, or prior to, any redeveloped free-
market units, regardless of whether the replacement units are built on site or off site.
6. Redevelopment agreement. The applicant and the City shall enter into a redevelopment
agreement that specifies the manner in which the applicant shall adhere to the approvals
granted pursuant to this Section and penalties for noncompliance. The agreement shall
be recorded before an application for a demolition permit may be accepted by the City.
7. Growth management allotments. The existing number of free-market residential units,
prior to demolition, may be replaced exempt from growth management, provided that the
units conform to the provisions of this Section. The redevelopment credits shall not be
transferable separate from the property unless permitted as described above in
Subparagraph d, Location requirement.
8. Exemptions. The Community Development Director shall exempt from the procedures
and requirements of this Section the following types of development involving Multi-Family
Housing Units. An exemption from these replacement requirements shall not exempt a
development from compliance with any other provisions of this Title:
a. The replacement of Multi-Family Housing Units after non-willful demolition such as a
flood, fire, or other natural catastrophe, civil commotion, or similar event not
purposefully caused by the land owner. The Community Development Director may
require documentation be provided by the landowner to confirm the damage to the
building was in-fact non-willful.
To be exempted, the replacement development shall be an exact replacement of the
previous number of units, bedrooms, and square footage and in the same
configuration. The Community Development Director may approve exceptions to this
exact replacement requirement to accommodate changes necessary to meet current
building codes; improve accessibility; to conform to zoning, design standards, or other
regulatory requirements of the City; or, to provide other architectural or site planning
improvements that have no substantial effect on the use or program of the
development. (Also see Chapter 26.312 – Nonconformities.) Substantive changes to
the development shall not be exempted from this Section and shall be reviewed as a
willful change pursuant to the procedures and requirements of this Section.
b. The demolition of Multi-Family Housing Units by order of a public agency including,
but not limited to, the City of Aspen for reasons of preserving the life, health, safety, or
general welfare of the public.
c. The demolition, combining, conversion, replacement, or redevelopment of Multi-
Family Housing Units which have been used exclusively as tourist accommodations
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or by non-working residents. The Community Development Director may require
occupancy records, leases, affidavits, or other documentation to the satisfaction of the
Director to demonstrate that the unit(s) has never housed a working resident. All other
requirements of this Title shall still apply including zoning, growth management, and
building codes.)
d. The demolition, combining, conversion, replacement, or redevelopment of Multi-
Family Housing Units which were illegally created (also known as “Bandit Units”). Any
improvements associated with Bandit Units shall be required to conform to current
requirements of this Title including zoning, growth management, and building codes.
Replaced or redeveloped Bandit Units shall be deed restricted as Resident Occupied
affordable housing, pursuant to the Guidelines of the Aspen/Pitkin County Housing
Authority
e. Any development action involving demising walls or floors/ceilings necessary for the
normal upkeep, maintenance, or remodeling of adjacent Multi-Family Housing Units.
f. A change order to an issued and active building permit that proposes to exceed the
limitations of remodeling/demolition to rebuild portions of a structure which, in the
opinion of the Community Development Director, should be rebuilt for structural,
safety, accessibility, or significant energy efficiency reasons first realized during
construction, which were not known and could not have been reasonably predicted
prior to construction, and which cause no or minimal changes to the exterior
dimensions and character of the building.
Response – The applicant is not proposing demolition of the structure; rather, conversion of the
units from free-market housing to affordable housing. The applicant is proposing replacement
option C – “One-hundred percent affordable housing replacement.” No net loss of density will
occur and all units will be deed restricted as affordable housing. As the units are not required for
mitigation purposes, they are eligible for issuance of Certificates of Affordable Housing Credit,
pursuant to Section 26.540 (criteria address below). The free-market residential redevelopment
rights will not be replaced.
D. Certificates of Affordable Housing Credit
26.540.070 Review criteria for establishing an affordable housing credit. An Affordable
Housing Credit may be established by the Planning and Zoning Commission if all of the following
criteria are met. The proposed units do not need to be constructed prior to this review.
A. The proposed affordable housing unit(s) comply with the review standards of Section
26.470.070.4(a-d).
Response –These standards are addressed above.
B. The affordable housing unit(s) are not an obligation of a Development Order and are not
otherwise required by this Title to mitigate the impacts of development.
Response – The proposed units are not committed by a Development Order and are not
needed to satisfy mitigation requirements for any other development.
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Aspen Hills Affordable Housing
E. Parking
Code Section 26.515.030 states the on-site parking requirement as the lesser of one space per
bedroom or two per unit. The existing 7 two-bedroom units and 1 one-bedroom unit require 15
parking spaces.
The existing development has eight on-site spaces along the front of the building, head-in
accessed from Midland Avenue. Each space has a second, tandem space located within the
right-of-way. This second row of parking has served the property without conflicting with travel
patterns.
For the purposes of this application, only the first eight on-site spaces have been counted as
meeting the parking requirement. This leaves the property with a seven space deficit. This deficit
will be carried-forward with the repurposing of the building as affordable housing.
The reconfiguration of one unit (#336) back to a two-bedroom unit requires the addition of one
parking space on-site. This is not physically practical or logistically needed. The project was
originally constructed with eight two-bedroom units and eight parking spaces. Each unit will
continue to have one official on-site space and be eligible for neighborhood parking according to
City policy.
The property is easy walking distance to downtown via the Hopkins Avenue pedestrian bridge
and the Hunter Creek bus stop is one block away. The property is ideally situated for minimal
daily auto needs and the existing parking is currently typically used for long-term car storage.
E. Variance for One Parking Space
26.314.040. Standards applicable to variances.
A. In order to authorize a variance from the dimensional requirements of Title 26, the
appropriate decision-making body shall make a finding that the following three (3) circumstances
exist:
1. The grant of variance will be generally consistent with the purposes, goals, objectives and
policies of this Title and the Municipal Code; and
2. The grant of variance is the minimum variance that will make possible the reasonable use
of the parcel, building or structure; and
3. Literal interpretation and enforcement of the terms and provisions of this Title would
deprive the applicant of rights commonly enjoyed by other parcels in the same zone district
and would cause the applicant unnecessary hardship, as distinguished from mere
inconvenience. In determining whether an applicant's rights would be deprived, the Board
shall consider whether either of the following conditions apply:
a) There are special conditions and circumstances which are unique to the parcel,
building or structure, which are not applicable to other parcels, structures or buildings
in the same zone district and which do not result from the actions of the applicant; or
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Aspen Hills Affordable Housing
b) Granting the variance will not confer upon the applicant any special privilege denied
by the terms of this Title and the Municipal Code to other parcels, buildings or
structures, in the same zone district.
B. In order to authorize a variance from the permitted uses of Title 26, the appropriate
decision-making body shall make a finding that all of the following circumstances exist:
1. Notice by publication, mailing and posting of the proposed variance has been provided to
surrounding property owners in accordance with Subparagraphs 26.304.060.E.3.a.—c.
2. A variance is the only reasonable method by which to afford the applicant relief, and to
deny a variance would cause the applicant unnecessary hardship such that the property
would be rendered practically undevelopable, as distinguished from mere inconvenience.
4. The temporary off-site storage or construction staging can be undertaken in such a
manner so as to minimize disruption, if any, of normal neighborhood activities surrounding
the subject parcel.
5. If ownership of the off-site parcel subject to the proposed variance is not vested in the
applicant, then verified written authorization of the parcel's owner must be provided.
6. Adequate provision is made to restore the subject parcel to its original condition upon
expiration of the variance, including the posting of such financial security as deemed
appropriate and necessary by the appropriate decision-making body to ensure such
restoration.
Response: The property was originally developed with eight two-bedroom units, according to
the development standards at the time. The property was developed with and still has eight head-
in on-site parking spaces and another eight tandem spaces located in the public right-of-way.
This second set of spaces are out of the travel way and do not infringe on traffic movements. The
applicant understands these spaces exist at the City’s discretion.
The property functioned this way for roughly 40 years. Roughly 10 years ago one unit was
officially converted (via building permit) into a one-bedroom unit by removing a demising wall
between bedrooms. The application seeks to return the two-bedroom status to the unit, thereby
triggering the technical additional parking space requirement.
There’s no reasonable, practical way to implement this additional space. Furthermore, there does
not appear to be a significant achievement to be gained. The project will essentially be the same
project. The impact of not approving the variance, however, is to restrict this one unit to a one-
bedroom, housing fewer employees locally, and causing another commuter car on the highway.
Many of the condominium complexes in this neighborhood do not have on-site parking or have
inadequate on-site parking. This is an outcome of the development standards at the time of initial
construction. Overall, the neighborhood parking situation has reached an equilibrium. There are
adequate street parking spaces available on any given day.
The variance would allow continuation of the original development scenario for this property –
eight two-bedroom units, each with one legal parking space and a second informal space currently
in the right-of-way.
October 24, 2016
Mr. Justin Barker, AICP
Senior Planner
City of Aspen
130 So. Galena St.
Aspen, Colorado 81611
RE: Aspen Hills Affordable Housing
331-338 Midland Avenue
Mr. Barker:
Please accept this application to convert this existing eight-unit free-market residential building
into local affordable housing and the creation of Certificates of Affordable Housing Credit.
The Aspen Hills Condominiums is an existing eight-unit
residential building located in the Smuggler neighborhood
along Midland Avenue. It is addressed as 331-338
Midland Avenue. The building was constructed in 1965
with all two-bedroom units and condominiumized in 1969.
The 15,160 s.f. property is located in the RMF Zone
District. The building is not on the City of Aspen Inventory
of Historic Landmark Sites and Structures.
Although free-market, the units have served a local
population as either owner-occupied or rental units. It is
exactly these types of units that slowly drift out of the local
housing inventory as property values increase and
employees are priced-out. This application utilizes the City’s award-winning Credits program to
intervene and permanently secure these units as employee housing.
WEB2 Capital, LLC, is the contract purchaser of all eight units and has been granted authority to
submit this application by the owners and by the Aspen Hills Condominiums homeowner’s
association. Bill Boehringer is the Chief Executive Officer of WEB2 Capital LLC, a Colorado
limited liability company, and has authorized BendonAdams to represent his interests.
This application requests growth management approvals, including allotments for eight affordable
housing units, recognition of existing non-conformities, exemption from the City’s Residential
Design Standards, a variance for one parking space, and authorization for the issuance of
Certificates of Affordable Housing Credits.
Page 2 of 17
Aspen Hills Affordable Housing
The Aspen/Pitkin County Housing Authority has recently adopted “Marketability Standards” on
July 6, 2016, which clarify and provide guidance on physical capital needs for existing units to be
accepted into the affordable housing inventory. A Physical Capital Needs Assessment (PCNA)
and an Energy Audit have been performed and will be provided under separate cover. These
reports will enable APCHA and the owner to determine what improvements must be accomplished
in the near term and the extent of initial funding for a capital reserve account.
This application is submitted pursuant to the following sections of the Aspen Land Use Code:
• 26.304 Common Development Review Procedures
• 26.410 Residential Design Standards
• 26.470.070.2 Growth Management – Change-in-Use
• 26.470.070.4 Growth Management – Affordable Housing
• 26.515 Parking
• 26.540 Certificates of Affordable Housing Credit
• 26.575.020 Calculations and Measurements
• 26.710.080 Residential Multi-Family (RMF) Zone District
The application is divided into three sections: Section I describes the existing conditions of the
project site and environs. Section II outlines the applicant’s proposed development and Section
III addresses the proposed development’s compliance with review criteria. Exhibits are provided
as follows:
• Exhibit 1: Land Use Application and Dimensions Form
• Exhibit 2: Vicinity Map
• Exhibit 3: Pre-Application Conference Summary
• Exhibit 4: Proof of the Applicant’s Ownership and Authority
• Exhibit 5: HOA Compliance Form
• Exhibit 6: Authorization for BendonAdams LLC to represent the applicant
• Exhibit 7: Fee Agreement
• Exhibit 8: Mailing addresses for property owners within 300 feet of the property
• Exhibit 9: Existing conditions drawings
• Exhibit 10: Site improvement survey
The applicant has attempted to address all relevant provisions of the Code and to provide
sufficient information to enable a thorough evaluation of the application. Upon request,
BendonAdams will gladly provide such additional information as may be required in the course of
the review.
Sincerely,
Chris Bendon, AICP
BendonAdams LLC
300 So. Spring St. #202
Aspen, CO
chris@bendonadams.com
970.925.2855
U
Page 3 of 17
Aspen Hills Affordable Housing
Section I: Existing Conditions
The Aspen Hills property is a 15,160 square foot site on
Midland Avenue in the Smuggler neighborhood. The
property is developed with one building containing eight
residences and eight on-site parking spaces. The building
has been condominiumized into eight separate ownership
interests, plus a common area. The property is posted as
331-338 Midland Avenue.
The property was originally part of the Mascotte and “99”
lode claims. A roughly 1-acre portion was conveyed by
deed to the Aspen Construction Company in 1965. The
entire 1-acre property was conveyed to John Villari in 1969.
The southern portion of the property, roughly 28,622 square
feet, was conveyed back to the Aspen Construction
Company in 1970, creating the basis for the property
boundary today. The property to the South is developed with a multi-family building commonly
known as Aspen View.
The building was constructed in 1965, originally as all two-bedroom units. One of the units, Unit
336, was converted into a one-bedroom unit according to permit records on file with the City of
Aspen Building Department. Other improvements on record are typical interior upgrades and
egress window improvements. Another unit appears to have been converted to a one-bedroom
without a building permit. This application proposes reverting the illegal improvements to reinstate
a two-bedroom unit.
Two parcels, noted on the survey as parcel 1 and parcel 2, were conveyed to the Board of
Commissioners of the Pitkin County Housing Authority in 1978 for “roadway purposes.” This
conveyance appears to have been in-lieu of condemnation proceedings. For the purposes of this
application, these parcels have been considered public right-of-way.
Access to the property is from Midland Avenue.
Eight on-site parking spaces are located in front of
the structure, entirely within the property. Each
parking space has a second, tandem space located
within the right-of-way. For purposes of this
application, only the eight on-site spaces have
been counted as legitimate existing parking.
Parking requirements for this property, according to
Chapter 26.515 of the City’s land use code, are the
lower of one unit per bedroom or two per unit.
Seven two-bedroom units and 1 one-bedroom unit
therefore require 15 parking spaces. The existing
condition, counting only those spaces entirely on-site, represents an existing parking deficit of 7
spaces.
A few of the units have been upgraded with newer windows/doors and larger egress windows for
the lower level bedrooms. Other units maintain vintage conditions and will likely require upgrades
Parcel ID Numbers
Unit Parcel ID
A1 2737-074-05-001
A2 2737-074-05-006
A3 2737-074-05-002
A4 2737-074-05-008
A5 2737-074-05-007
A6 2737-074-05-003
A7 2737-074-05-005
A8 2737-074-05-004
Common
Area 2737-074-05-801
Page 4 of 17
Aspen Hills Affordable Housing
by the applicant prior to acceptance into the housing inventory. Clarification on these conditions
will be contained in the pending PCNA and Energy reports.
The property was originally part of the Mascotte Lode and 99 Lode (mining claims) which extend
onto the face of Smuggler Mountain. Transfer by warrantee deed of approximately 1 acre to the
Aspen Construction Corporation in 1965 pre-dated County subdivision standards, as did the
transfer by warrantee deed to John Villari of the entire one-acre parcel in 1969. Villari
condominiumized the 8-unit building and the property in 1969 and conveyed at least one unit.
Transfer back to the Aspen Construction Company of the southern, approximately 28,622 s.f.,
portion of the 1-acre parcel occurred in 1970, also pre-dating City/County subdivision standards.
This is the basis for the property today. The title commitment documents these transfers.
The 1970 transfer established the southern and eastern
boundaries along the edge of existing improvements as
reflected in the survey. The southern boundary traces
the balcony, including the stairs. The eastern boundary
traces the building footprint, including the below grade
utility area. These property boundaries created non-
conforming setback conditions, diagrammed in the
attached drawing set and highlighted to the right.
Floor Area and Net Livable measurements have been
provided by Alius Design according the Calculations
and Measurements section (26.575.020) of the City of
Aspen Land Use Code. The Floor Area of the building
is approximately 5,040, well below the allowable of
approximately 11,369 s.f. (not accounting for potential
slope reduction).
The existing trash/recycle area is accessed off Midland
at the corner of the property. It is within the right-of-way
but outside the roadway. This is also the location of the
mail pedestal and several utility connection pedestals.
U
Aspen Hills As-Built Information
Unit Beds Baths Net Livable s.f.
331 2 1 852
332 2 1 807
333 2 1 861
334 2 1 861
335 2 1 861
336 2 1 861
337 2 1 866
338 2 1 866
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Aspen Hills Affordable Housing
Section II: Project Description/The Proposal
The application proposes repurposing the Aspen Hills building as affordable housing. Eight two-
bedroom affordable housing units, according to the standards of Section 26.470.100.A.2, will
house eighteen employees. (2.25 FTEs/unit). The application proposes these units to be rentals
and for sale units, restricted to affordable rental rates and sale prices. The rental/sale mix is to
respect ongoing purchase discussions and account for potential hold-over owners/tenants. The
applicant is suggesting these units be Category 2 or Category 3, or combination thereof.
This property, while free-market, serves as local employee housing and vacation rentals. It is
exactly these types of units that slowly transition out of local usage due to escalating prices,
increasing demands on the affordable housing inventory. This proposal counters this trend by
utilizing the City’s Credits program and permanently securing these units as affordable housing.
All forms of affordable housing are desperately needed in the upper valley. Affordable rentals are
in significant demand. The proposal locates affordable housing within an existing neighborhood,
walking/biking distance to downtown, with great access to transit, and with very little construction
impacts.
The building and its units are in good working order and minimal improvements will be necessary.
Interior work contemplates improvements to systems, fixtures, finishes, and appliances. Each
unit is different, so some units will maintain current status or have minimal upgrades while other
units will be more-substantially overhauled. Energy improvements contemplate window, door,
and sealing/insulation upgrades. Exterior work contemplates refurbishment or potential
replacement of the existing decks, and installing larger egress window wells for the lower level
bedrooms. Installing larger window wells will have a marginal impact on Floor Area. But the
property is currently well below the maximum allowance.
Units average approximately 854 s.f. of net livable area each. This is only 5% below the APCHA
standard of 900 s.f. for a two-bedroom unit but well within the 20% tolerance for acceptance. The
units provide comfortable living conditions with the living/dining/kitchen areas on the main level
and bedrooms below. Each unit has ample natural light, is 50% or more above grade, and has a
washer/dryer. Each unit enjoys storage and one dedicated on-site parking space. The site is
walking/biking distance to downtown, parks and recreation amenities, and is well-served by
transit. The applicant has previously presented this opportunity to the APCHA Board on March 2
and August 3, 2016; at both meetings, the Board expressed their support of the project.
The applicant is requesting APCHA accept these units at their current size. Allowing these units
to be slightly below the 900 s.f. requirement enables them to be two-bedroom units (instead of
one-bedroom units) thereby providing more local housing towards a significant community need.
The application proposes correcting the illegal construction by reinstating a two-bedroom unit.
The one unit that was legally converted into a one-bedroom is proposed to be returned to a two-
bedroom unit.
An extensive capital assessment and an energy audit is being performed and will have been
completed prior to review by the Housing Board and the Planning and Zoning Commission. The
results of this analysis will indicate the required upgrades to be accomplished prior to deed
restriction and acceptance into the affordable housing inventory. The analysis will provide a
capital improvement schedule for future improvements and a basis for initial funding of a capital
reserve account for the property.
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Aspen Hills Affordable Housing
The applicant is requesting the capital assessment and energy audit information be translated
into a pre-occupancy work program and capital reserve fund to be reviewed by APCHA staff,
endorsed by the Housing Board, and ultimately adopted by the Planning and Zoning Commission
as a series of conditions that must be met prior to APCHA accepting the units into the affordable
housing inventory.
The project fully complies with the RMF Zone District, excepting those existing setback non-
conformities stated above. The applicant is requesting that the Planning and Zoning Commission
recognize the existing non-conformities, grant the requested growth management approvals,
exempt the project from the City’s Residential Design Standards, and authorize issuance of
Certificates of Affordable Housing Credit for 18 FTEs at the Category rate finally set by the
applicant.
The applicant is contemplating a future expansion utilizing the northern vacant section of the
property. This expansion would be a separate free standing building of affordable housing. At
this time, no specific designs are proposed and the applicant is not requesting consideration or
approval. If an expansion is proposed, the applicant understands the expansion must comply
with the requirements effective at the time of submission and be reviewed according to the then
process. Pursuant to prior discussions with the APCHA Board, the applicant is willing at this time
to commit that the future phase be 100% affordable housing, and with the Category designation
to be determined by the applicant at the time of application for that approval.
Page 7 of 17
Aspen Hills Affordable Housing
Section III: Review Requirements
A. Common Development Review Procedures
This land use application is submitted pursuant to and subject to the requirements of Chapter
26.304 – Common Development Review Procedures – of the City of Aspen Land Use Code.
B. Residential Design Standards RDS
This application is subject to the City’s Residential Design Standards and the applicant is seeking
exemption under exemption provision 26.410.010.C.1 – An addition or remodel to an existing
structure that does not change the exterior of the building; and, provision 2 – A remodel of a
structure where the alterations proposed change the exterior of the building, but are not
addressed by any of the residential design standards.
Expected interior improvements will be to fixtures, finishes, and equipment to meet the
expectations of the Aspen/Pitkin County housing authority and their Marketability Standards
adopted July 6, 2016. These interior improvements clearly fall under exemption 1.
Exterior improvements are expected to be some recladding of the deck surface, upgrades to
windows and doors for energy efficiency, upgrades to egress windows for life/safety, and other
minor improvements for aesthetic and durability purposes. The minor level of exterior changes
do not afford the opportunity to re-orient the building or make major changes to the mass of the
building. And, the changes are not addressed by the Standards, falling under exemption provision
2.
C. Growth Management Review.
The project proposes to refurbish and re-use the existing Aspen Hills building. Demolition is not
proposed to be triggered. Upgrades include interior renovations, building envelope improvements
for energy efficiency, and improvements to aesthetics and existing egress conditions. The eight
existing residences are free-market (unrestricted) and the application proposes these units be
deed restricted as affordable housing, rental and/or for sale, Category 2 or Category 3.
Responses to relevant growth management criteria are as follows:
26.470.040.3 Remodeling or expansion of existing multi-family residential development.
The remodeling of existing multi-family residential dwellings shall be exempt from growth
management provided that no additional Floor Area is added to the property and provided
demolition of a unit or structure does not occur. When an expansion of Floor Area occurs, see
Section 26.470.060, subsection 2. When demolition occurs, see Paragraph 26.470.070.6,
Demolition or redevelopment of multi-family housing. (Also see definition of demolition, Section
26.104.100.)
Response – The application proposes refurbishment of these existing units and
conversion to affordable housing. A minimal increase to the property’s Floor Area may
occur as a result of improving egress conditions from subgrade bedrooms. As the property
is proposed as affordable housing, the mitigation requirements do not apply.
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Aspen Hills Affordable Housing
26.470.050.B General Requirements: All development applications for growth management
review shall comply with the following standards. The reviewing body shall approve, approve with
conditions, or deny an application for growth management review based on the following generally
applicable criteria and the review criteria applicable to the specific type of development:
1. Sufficient growth management allotments are available to accommodate the proposed
development, pursuant to Subsection 26.470.030.D. Applications for multi-year allotments,
pursuant to Paragraph 26.470.090.1 shall not be required to meet this standard.
Response – This application requests eight allotments of affordable housing. According
to section 26.470.030.D, no annual limit applies to affordable housing.
2. The proposed development is compatible with land uses in the surrounding area, as well
as with any applicable adopted regulatory master plan.
Response – This multi-family residential building is intended to be re-used with minimal
changes to its aesthetic character. The neighborhood is a mix of single-family, duplex and
multi-family housing – both free-market and affordable housing. The property is consistent
with this mix and the conversion from free-market to affordable represents minimal if any
change to its compatibility with the neighborhood.
3. The development conforms to the requirements and limitations of the zone district.
Response – The development conforms to the RMF Zone District, except for existing non-
conforming setback conditions along the south and east property boundaries. These
appear to be a result of the ownership conveyance which affected a subdivision of the
property in 1970. (Please refer to the conveyance deed rescored at 143387 with Pitkin
County Clerk.) The proposal maintains and does not worsen these setback conditions.
Contained in this application is a request for a one-space parking variance. This would
allow one unit that was officially converted to a one-bedroom unit to be officially returned
to a two-bedroom configuration.
4. The proposed development is consistent with the Conceptual Historic Preservation
Commission approval, the Conceptual Commercial Design Review approval, and the Planned
Development – Project Review approval, as applicable.
Response – The development proposed is a re-use of an existing building and has not
been required to be reviewed as a Planned Development. The property is 100%
residential and is not historically designated.
5. Unless otherwise specified in this Chapter, sixty percent (60%) of the employees
generated by the additional commercial or lodge development, according to Subsection
26.470.100.A, Employee generation rates, are mitigated through the provision of affordable
housing. The employee generation mitigation plan shall be approved pursuant to Paragraph
26.470.070.4, Affordable housing, at Category 4 rate as defined in the Aspen/Pitkin County
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Aspen Hills Affordable Housing
Housing Authority Guidelines, as amended. An applicant may choose to provide mitigation units
at a lower category designation. If an applicant chooses to use a Certificate of Affordable Housing
Credit as mitigation, pursuant to Chapter 26.540, such Certificate shall be extinguished pursuant
to Chapter 26.540.90 Criteria for Administrative Extinguishment of the Certificate.
Response – Not applicable. The development contains no commercial or lodging
components and does not generate employees according to section 26.470.100.A.
6. Affordable housing net livable area, for which the finished floor level is at or above natural
or finished grade, whichever is higher, shall be provided in an amount equal to at least thirty
percent (30%) of the additional free-market residential net livable area, for which the finished floor
level is at or above natural or finished grade, whichever is higher.
Affordable housing shall be approved pursuant to Paragraph 26.470.070.4, Affordable housing,
and be restricted to a Category 4 rate as defined in the Aspen/Pitkin County Housing Authority
Guidelines, as amended. An applicant may choose to provide mitigation units at a lower category
designation. Affordable housing units that are being provided absent a requirement ("voluntary
units") may be deed-restricted at any level of affordability, including residential occupied. If an
applicant chooses to use a Certificate of Affordable Housing Credit as mitigation, pursuant to
Chapter 26.540, such Certificate shall be extinguished pursuant to Chapter 26.540.90 Criteria for
Administrative Extinguishment of the Certificate, utilizing the calculations in Section 26.470.100
Employee/Square Footage Conversion.
Response – Not applicable. The proposal is to re-purpose all eight free-market residential
units as affordable housing. No additional free-market residential square footage is
proposed.
7. The project represents minimal additional demand on public infrastructure, or such
additional demand is mitigated through improvement proposed as part of the project. Public
infrastructure includes, but is not limited to, water supply, sewage treatment, energy and
communication utilities, drainage control, fire and police protection, solid waste disposal, parking
and road and transit services.
Response – The proposal re-purposes and an existing residential building that is already
served. Minimal interior upgrades are proposed and no changes to service requirements
are expected. No changes to existing fixture counts are proposed. The applicant commits
to mitigating any additional demands on the public infrastructure as required by City
Codes.
26.470.070.2 Change in use. A change in use of an existing property, structure or portions of an
existing structure between the development categories identified in Section 26.470.020
(irrespective of direction), for which a certificate of occupancy has been issued for at least two (2)
years and which is intended to be reused, shall be approved, approved with conditions, or denied
by the Planning and Zoning Commission based on the general requirements outlined in Section
26.470.050. No more than one (1) free-market residential unit may be created through the
change-in-use.
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Aspen Hills Affordable Housing
Response – See below for response the general requirements. The proposal does not
involve creation of an additional free-market unit.
26.470.070.4 Affordable housing. The development of affordable housing deed-restricted in
accordance with the Aspen/Pitkin County Housing Authority Guidelines shall be approved,
approved with conditions, or denied by the Planning and Zoning Commission based on the
following criteria:
a. The proposed units comply with the Guidelines of the Aspen/Pitkin County Housing Authority.
A recommendation from the Aspen/Pitkin County Housing Authority shall be required for this
standard. The Aspen/Pitkin County Housing Authority may choose to hold a public hearing with
the Board of Directors.
Response – A complete capital assessment and energy audit of the building is underway,
the results of which will be used to address the Aspen/Pitkin County Housing Authority’s
recently adopted “Marketability Standards.” These standards were adopted as an
extension of the Guidelines by the Housing Board to ensure existing housing units
proposed for deed restriction are of a sufficient quality and have a sufficient capital reserve
for long-term success. The proposed units are high quality but are expected to require
upgrades to meet the Marketability Standards. A recommendation from APHCA regarding
these studies and the newly adopted standards is expected.
The units are slightly below the minimum net livable size specifications stated in the
Guidelines but well within the acceptable tolerance. The Housing Guidelines allow for up
to a 20% reduction in size.
b. Affordable housing required for mitigation purposes shall be in the form of actual newly built
units or buy-down units. Off-site units shall be provided within the City limits. Units outside the
City limits may be accepted as mitigation by the City Council, pursuant to Paragraph
26.470.090.2. If the mitigation requirement is less than one (1) full unit, a fee-in-lieu payment may
be accepted by the Planning and Zoning Commission upon a recommendation from the
Aspen/Pitkin County Housing Authority. If the mitigation requirement is one (1) or more units, a
fee-in-lieu payment shall require City Council approval, pursuant to Paragraph 26.470.090.3. A
Certificate of Affordable Housing Credit may be used to satisfy mitigation requirements by
approval of the Community Development Department Director, pursuant to Section 26.540.080
Extinguishment of the Certificate. Required affordable housing may be provided through a mix of
these methods.
Response – The proposed affordable housing units utilize an existing eight-unit building,
“buying-down” the units to affordable status in exchange for affordable housing
certificates.
c. Each unit provided shall be designed such that the finished floor level of fifty percent (50%) or
more of the unit's net livable area is at or above natural or finished grade, whichever is higher.
This dimensional requirement may be varied through Special Review, Pursuant to Chapter
26.430.
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Aspen Hills Affordable Housing
Response – The eight existing units were developed in a townhome configuration with the
entry, living room and kitchen on the upper level, and with two bedrooms, a bathroom, and
laundry on the lower level. The units along the front of the building (facing Midland) are
developed with walk-out capability on the lower level. One of the two units on this end
has been retrofitted with a sliding door. The lower level of the units along the rear of the
property (east side) are nearly subgrade, making the units come close to the 50%
limitation. Please refer to the drawing set which shows site and building sections.
d. The proposed units shall be deed-restricted as "for sale" units and transferred to qualified
purchasers according to the Aspen/Pitkin County Housing Authority Guidelines. The owner may
be entitled to select the first purchasers, subject to the aforementioned qualifications, with
approval from the Aspen/Pitkin County Housing Authority. The deed restriction shall authorize the
Aspen/Pitkin County Housing Authority or the City to own the unit and rent it to qualified renters
as defined in the Affordable Housing Guidelines established by the Aspen/Pitkin County Housing
Authority, as amended. The proposed units may be rental units, including but not limited to rental
units owned by an employer or nonprofit organization, if a legal instrument in a form acceptable
to the City Attorney ensures permanent affordability of the units. The City encourages affordable
housing units required for lodge development to be rental units associated with the lodge
operation and contributing to the long-term viability of the lodge. Units owned by the Aspen/Pitkin
County Housing Authority, the City of Aspen, Pitkin County or other similar governmental or quasi-
municipal agency shall not be subject to this mandatory "for sale" provision.
Response – These units are proposed as affordable rentals and/or for sale units. The
rental/sale mix is to respect ongoing purchase discussions and account for potential hold-
over owners/tenants. The applicant is suggesting these be limited to a mix of Category 2
and 3.
e. Non-Mitigation Affordable Housing. Affordable housing units that are not required for mitigation,
but meet the requirements of Section 26.470.070.4(a-d). The owner of such non-mitigation
affordable housing is eligible to receive a Certificate of Affordable Housing Credit pursuant to
Chapter 26.540.
Response – The application proposes these non-mitigation units in exchange for
Certificates of Affordable Housing Credit. The eight two-bedroom units house 18
employees, according to Section 26.470.100.A.2. (2.25 employees housed for each two-
bedroom unit). The application requests the issuance of a Certificate in the amount of 18
Category 2 or Category 3 FTEs upon completion of the required improvements and
APCHA’s acceptance of the units into the affordable inventory.
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26.470.070.5 Demolition or redevelopment of multi-family housing. The City's
neighborhoods have traditionally been comprised of a mix of housing types, including those
affordable by its working residents. However, because of Aspen's attractiveness as a resort
environment and because of the physical constraints of the upper Roaring Fork Valley, there is
constant pressure for the redevelopment of dwellings currently providing resident housing for
tourist and second-home use. Such redevelopment results in the displacement of individuals and
families who are an integral part of the Aspen work force. Given the extremely high cost of and
demand for market-rate housing, resident housing opportunities for displaced working residents,
which are now minimal, will continue to decrease.
Preservation of the housing inventory and provision of dispersed housing opportunities in Aspen
have been long-standing planning goals of the community. Achievement of these goals will serve
to promote a socially and economically balanced community, limit the number of individuals who
face a long and sometimes dangerous commute on State Highway 82, reduce the air pollution
effects of commuting and prevent exclusion of working residents from the City's neighborhoods.
The Aspen Area Community Plan established a goal that affordable housing for working residents
be provided by both the public and private sectors. The City and the Aspen/Pitkin County Housing
Authority have provided affordable housing both within and adjacent to the City limits. The private
sector has also provided affordable housing. Nevertheless, as a result of the replacement of
resident housing with second homes and tourist accommodations and the steady increase in the
size of the workforce required to assure the continued viability of Aspen area businesses and the
City's tourist-based economy, the City has found it necessary, in concert with other regulations,
to adopt limitations on the combining, demolition or conversion of existing multi-family housing in
order to minimize the displacement of working residents, to ensure that the private sector
maintains its role in the provision of resident housing and to prevent a housing shortfall from
occurring.
The combining, demolition, conversion or redevelopment of multi-family housing shall be
approved, approved with conditions or denied by the Planning and Zoning Commission based on
compliance with the following requirements (see definition of demolition.):
1. Requirements for combining, demolishing, converting or redeveloping free-market multi-
family housing units: Only one (1) of the following two (2) options is required to be met
when combining, demolishing, converting or redeveloping a free-market multi-family
residential property. To ensure the continued vitality of the community and a critical mass
of local working residents, no net loss of density (total number of units) between the
existing development and proposed development shall be allowed.
a. One-hundred-percent replacement. In the event of the demolition of free-market multi-
family housing, the applicant shall have the option to construct replacement housing
consisting of no less than one hundred percent (100%) of the number of units,
bedrooms and net livable area demolished. The replacement units shall be deed-
restricted as resident occupied affordable housing, pursuant to the Guidelines of the
Aspen/Pitkin County Housing Authority. An applicant may choose to provide
mitigation units at a lower category designation. Each replacement unit shall be
approved pursuant to Subsection 4, Affordable housing, of this Section.
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Aspen Hills Affordable Housing
When this one-hundred-percent standard is accomplished, the remaining
development on the site may be free-market residential development with no
additional affordable housing mitigation required as long as there is no increase in the
number of free-market residential units on the parcel. Free-market units in excess of
the total number originally on the parcel shall be reviewed pursuant to Paragraph
26.470.070.3, Expansion of free-market residential units within a multi-family or mixed-
use development.
b. Fifty-percent replacement. In the event of the demolition of free-market multi-family
housing and replacement of less than one hundred percent (100%) of the number of
previous units, bedrooms or net livable area as described above, the applicant shall
be required to construct affordable housing consisting of no less than fifty percent
(50%) of the number of units, bedrooms and the net livable area demolished. The
replacement units shall be deed-restricted as Category 4 housing, pursuant to the
guidelines of the Aspen/Pitkin County Housing Authority. An applicant may choose to
provide mitigation units at a lower category designation. Each replacement unit shall
be approved pursuant to Paragraph 26.470.070.4, Affordable housing.
When this fifty-percent standard is accomplished, the remaining development on the
site may be free-market residential development as long as additional affordable
housing mitigation is provided pursuant to Paragraph 26.470.070.3, Expansion of free-
market residential units within a multi-family or mixed-use project, and there is no
increase in the number of free-market residential units on the parcel. Free-market
units in excess of the total number originally on the parcel shall be reviewed pursuant
to Paragraph 26.470.070.7, New free-market residential units within a multi-family or
mixed-use project.
c. One-hundred percent affordable housing replacement. When one-hundred-percent of
the free-market multi-family housing units are demolished and are solely replaced with
deed-restricted affordable housing units on a site that are not required for mitigation
purposes, including any net additional dwelling units, pursuant to Section
26.470.070.4, Affordable Housing; all of the units in the redevelopment are eligible for
a Certificate of Affordable Housing Credit, pursuant to Section 26.540 Certificate of
Affordable Housing Credit. Any remaining unused free market residential development
rights shall be vacated.
2. Requirements for demolishing affordable multi-family housing units: In the event a project
proposes to demolish or replace existing deed-restricted affordable housing units, the
redevelopment may increase or decrease the number of units, bedrooms or net livable
area such that there is no decrease in the total number of employees housed by the
existing units. The overall number of replacement units, unit sizes, bedrooms and
category of the units shall be reviewed by the Aspen/Pitkin County Housing Authority and
a recommendation forwarded to the Planning and Zoning Commission.
3. Fractional unit requirement. When the affordable housing replacement requirement of this
Section involves a fraction of a unit, cash-in-lieu may be provided only upon the review
and approval of the City Council, to meet the fractional requirement only, pursuant to
Paragraph 26.470.090.3, Provision of required affordable housing via a cash-in-lieu
payment.
4. Location requirement. Multi-family replacement units, both free-market and affordable,
shall be developed on the same site on which demolition has occurred, unless the owner
shall demonstrate and the Planning and Zoning Commission determines that replacement
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Aspen Hills Affordable Housing
of the units on site would be in conflict with the parcel's zoning or would be an inappropriate
solution due to the site's physical constraints.
When either of the above circumstances result, the owner shall replace the maximum
number of units on site which the Planning and Zoning Commission determines that the
site can accommodate and may replace the remaining units off site, at a location
determined acceptable to the Planning and Zoning Commission. A recommendation from
the Aspen/Pitkin County Housing Authority shall be considered for this standard.
5. Timing requirement. Any replacement units required to be deed-restricted as affordable
housing shall be issued a certificate of occupancy, according to the Building Department,
and be available for occupancy at the same time as, or prior to, any redeveloped free-
market units, regardless of whether the replacement units are built on site or off site.
6. Redevelopment agreement. The applicant and the City shall enter into a redevelopment
agreement that specifies the manner in which the applicant shall adhere to the approvals
granted pursuant to this Section and penalties for noncompliance. The agreement shall
be recorded before an application for a demolition permit may be accepted by the City.
7. Growth management allotments. The existing number of free-market residential units,
prior to demolition, may be replaced exempt from growth management, provided that the
units conform to the provisions of this Section. The redevelopment credits shall not be
transferable separate from the property unless permitted as described above in
Subparagraph d, Location requirement.
8. Exemptions. The Community Development Director shall exempt from the procedures
and requirements of this Section the following types of development involving Multi-Family
Housing Units. An exemption from these replacement requirements shall not exempt a
development from compliance with any other provisions of this Title:
a. The replacement of Multi-Family Housing Units after non-willful demolition such as a
flood, fire, or other natural catastrophe, civil commotion, or similar event not
purposefully caused by the land owner. The Community Development Director may
require documentation be provided by the landowner to confirm the damage to the
building was in-fact non-willful.
To be exempted, the replacement development shall be an exact replacement of the
previous number of units, bedrooms, and square footage and in the same
configuration. The Community Development Director may approve exceptions to this
exact replacement requirement to accommodate changes necessary to meet current
building codes; improve accessibility; to conform to zoning, design standards, or other
regulatory requirements of the City; or, to provide other architectural or site planning
improvements that have no substantial effect on the use or program of the
development. (Also see Chapter 26.312 – Nonconformities.) Substantive changes to
the development shall not be exempted from this Section and shall be reviewed as a
willful change pursuant to the procedures and requirements of this Section.
b. The demolition of Multi-Family Housing Units by order of a public agency including,
but not limited to, the City of Aspen for reasons of preserving the life, health, safety, or
general welfare of the public.
c. The demolition, combining, conversion, replacement, or redevelopment of Multi-
Family Housing Units which have been used exclusively as tourist accommodations
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Aspen Hills Affordable Housing
or by non-working residents. The Community Development Director may require
occupancy records, leases, affidavits, or other documentation to the satisfaction of the
Director to demonstrate that the unit(s) has never housed a working resident. All other
requirements of this Title shall still apply including zoning, growth management, and
building codes.)
d. The demolition, combining, conversion, replacement, or redevelopment of Multi-
Family Housing Units which were illegally created (also known as “Bandit Units”). Any
improvements associated with Bandit Units shall be required to conform to current
requirements of this Title including zoning, growth management, and building codes.
Replaced or redeveloped Bandit Units shall be deed restricted as Resident Occupied
affordable housing, pursuant to the Guidelines of the Aspen/Pitkin County Housing
Authority
e. Any development action involving demising walls or floors/ceilings necessary for the
normal upkeep, maintenance, or remodeling of adjacent Multi-Family Housing Units.
f. A change order to an issued and active building permit that proposes to exceed the
limitations of remodeling/demolition to rebuild portions of a structure which, in the
opinion of the Community Development Director, should be rebuilt for structural,
safety, accessibility, or significant energy efficiency reasons first realized during
construction, which were not known and could not have been reasonably predicted
prior to construction, and which cause no or minimal changes to the exterior
dimensions and character of the building.
Response – The applicant is not proposing demolition of the structure; rather, conversion of the
units from free-market housing to affordable housing. The applicant is proposing replacement
option C – “One-hundred percent affordable housing replacement.” No net loss of density will
occur and all units will be deed restricted as affordable housing. As the units are not required for
mitigation purposes, they are eligible for issuance of Certificates of Affordable Housing Credit,
pursuant to Section 26.540 (criteria address below). The free-market residential redevelopment
rights will not be replaced.
D. Certificates of Affordable Housing Credit
26.540.070 Review criteria for establishing an affordable housing credit. An Affordable
Housing Credit may be established by the Planning and Zoning Commission if all of the following
criteria are met. The proposed units do not need to be constructed prior to this review.
A. The proposed affordable housing unit(s) comply with the review standards of Section
26.470.070.4(a-d).
Response –These standards are addressed above.
B. The affordable housing unit(s) are not an obligation of a Development Order and are not
otherwise required by this Title to mitigate the impacts of development.
Response – The proposed units are not committed by a Development Order and are not
needed to satisfy mitigation requirements for any other development.
Page 16 of 17
Aspen Hills Affordable Housing
E. Parking
Code Section 26.515.030 states the on-site parking requirement as the lesser of one space per
bedroom or two per unit. The existing 7 two-bedroom units and 1 one-bedroom unit require 15
parking spaces.
The existing development has eight on-site spaces along the front of the building, head-in
accessed from Midland Avenue. Each space has a second, tandem space located within the
right-of-way. This second row of parking has served the property without conflicting with travel
patterns.
For the purposes of this application, only the first eight on-site spaces have been counted as
meeting the parking requirement. This leaves the property with a seven space deficit. This deficit
will be carried-forward with the repurposing of the building as affordable housing.
The reconfiguration of one unit (#336) back to a two-bedroom unit requires the addition of one
parking space on-site. This is not physically practical or logistically needed. The project was
originally constructed with eight two-bedroom units and eight parking spaces. Each unit will
continue to have one official on-site space and be eligible for neighborhood parking according to
City policy.
The property is easy walking distance to downtown via the Hopkins Avenue pedestrian bridge
and the Hunter Creek bus stop is one block away. The property is ideally situated for minimal
daily auto needs and the existing parking is currently typically used for long-term car storage.
E. Variance for One Parking Space
26.314.040. Standards applicable to variances.
A. In order to authorize a variance from the dimensional requirements of Title 26, the
appropriate decision-making body shall make a finding that the following three (3) circumstances
exist:
1. The grant of variance will be generally consistent with the purposes, goals, objectives and
policies of this Title and the Municipal Code; and
2. The grant of variance is the minimum variance that will make possible the reasonable use
of the parcel, building or structure; and
3. Literal interpretation and enforcement of the terms and provisions of this Title would
deprive the applicant of rights commonly enjoyed by other parcels in the same zone district
and would cause the applicant unnecessary hardship, as distinguished from mere
inconvenience. In determining whether an applicant's rights would be deprived, the Board
shall consider whether either of the following conditions apply:
a) There are special conditions and circumstances which are unique to the parcel,
building or structure, which are not applicable to other parcels, structures or buildings
in the same zone district and which do not result from the actions of the applicant; or
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Aspen Hills Affordable Housing
b) Granting the variance will not confer upon the applicant any special privilege denied
by the terms of this Title and the Municipal Code to other parcels, buildings or
structures, in the same zone district.
B. In order to authorize a variance from the permitted uses of Title 26, the appropriate
decision-making body shall make a finding that all of the following circumstances exist:
1. Notice by publication, mailing and posting of the proposed variance has been provided to
surrounding property owners in accordance with Subparagraphs 26.304.060.E.3.a.—c.
2. A variance is the only reasonable method by which to afford the applicant relief, and to
deny a variance would cause the applicant unnecessary hardship such that the property
would be rendered practically undevelopable, as distinguished from mere inconvenience.
4. The temporary off-site storage or construction staging can be undertaken in such a
manner so as to minimize disruption, if any, of normal neighborhood activities surrounding
the subject parcel.
5. If ownership of the off-site parcel subject to the proposed variance is not vested in the
applicant, then verified written authorization of the parcel's owner must be provided.
6. Adequate provision is made to restore the subject parcel to its original condition upon
expiration of the variance, including the posting of such financial security as deemed
appropriate and necessary by the appropriate decision-making body to ensure such
restoration.
Response: The property was originally developed with eight two-bedroom units, according to
the development standards at the time. The property was developed with and still has eight head-
in on-site parking spaces and another eight tandem spaces located in the public right-of-way.
This second set of spaces are out of the travel way and do not infringe on traffic movements. The
applicant understands these spaces exist at the City’s discretion.
The property functioned this way for roughly 40 years. Roughly 10 years ago one unit was
officially converted (via building permit) into a one-bedroom unit by removing a demising wall
between bedrooms. The application seeks to return the two-bedroom status to the unit, thereby
triggering the technical additional parking space requirement.
There’s no reasonable, practical way to implement this additional space. Furthermore, there does
not appear to be a significant achievement to be gained. The project will essentially be the same
project. The impact of not approving the variance, however, is to restrict this one unit to a one-
bedroom, housing fewer employees locally, and causing another commuter car on the highway.
Many of the condominium complexes in this neighborhood do not have on-site parking or have
inadequate on-site parking. This is an outcome of the development standards at the time of initial
construction. Overall, the neighborhood parking situation has reached an equilibrium. There are
adequate street parking spaces available on any given day.
The variance would allow continuation of the original development scenario for this property –
eight two-bedroom units, each with one legal parking space and a second informal space currently
in the right-of-way.
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
March, 2016 City of Apen|130 S. Galena St.|(970) 920 5050
ATTACHMENT 2 – LAND USE APPLICATION
PROJECT:
Name: _______________________________________________________________________________________________
Location:_______________________________________________________________________________________________
Parcel ID # (REQUIRED)
APPLICANT:
Name: _______________________________________________________________________________________________
Address: _______________________________________________________________________________________________
Phone #:
REPRESENTIVATIVE:
Name: _________________________________________________________________________________________________
Address:________________________________________________________________________________________________
Phone#:
TYPE OF APPLICATION: (Please check all that apply):
EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.)
PROPOSAL: (Description of proposed buildings, uses, modifications, etc.)
Have you attached the following? FEES DUE: $ ______________
Pre-Application Conference Summary
Attachment #1, Signed Fee Agreement
Response to Attachment #3, Dimensional Requirements Form
Response to Attachment #4, Submittal Requirements – including Written Responses to Review Standards
3-D Model for large project
All plans that are larger than 8.5” X 11” must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be
submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre-application conference
summary will indicate if you must submit a 3-D model.
GMQS Exemption Conceptual PUD Temporary Use
GMQS Allotment Final PUD (& PUD Amendment)
Special Review Subdivision
Conceptual SPA
ESA – 8040 Greenline, Stream Subdivision Exemption (includes
Margin, Hallam Lake Bluff, Condominiumization)
Mountain View Plane Final SPA (&SPA
Commercial Design Review Lot Split Amendment)
Residential Design Variance Lot Line Adjustment Small Lodge Conversion/
Expansion
Conditional Use Other:
Aspen Hills Condominiums
331-338 Midland Avenue; Aspen, CO 81611
Chris Bendon, AICP; BendonAdams
300 So. Spring Street St. 202; Aspen, CO 81611
970.925.2855
WEB2 Capital LLC, a Colorado limited liability company, William Boehringer, CEO.
917.977.0541
Seven 2-bedroom, One 1-bedroom individually-owned, free-market residences in one multi-family
building.
Maintain existing building, aesthetic and capital improvements as required by the Aspen/Pitkin County
Housing Authority. Conversion to affordable housing for certificates of AH credit.
Units: 2737-074-05-001 through 008. Common area: 2737-074-05-801.
- Change in use, replacement
Certificates of AH Credit,
parking variance
PO Box 3807; Aspen, CO 81612
5,200
Exhibit 1
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
March, 2016 City of Apen|130 S. Galena St.|(970) 920 5050
ATTACHMENT 3
DIMENSIONAL REQUIREMENTS FORM
Project: ______________________________________________________________________________
Applicant: ______________________________________________________________________________
Location: ______________________________________________________________________________
Zone District: ______________________________________________________________________________
Lot Size: _______________________________________________________________________________
Lot Area: _______________________________________________________________________________
(For the purpose of calculating Floor Area, Lot Area may be reduced for areas within the high-water
mark, easement, and steep slopes. Please refer to the definition of Lot Area in the Municipal
Code.)
Commercial net leasable: Existing: _____________ Proposed: _________________________________
Number of residential units: Existing: _____________ Proposed: _________________________________
Number of bedrooms: Existing: _____________ Proposed: _________________________________
Proposed % of demolition (Historic properties only): ______________
DIMENSIONS:
Floor Area: Existing: _____________ Allowable: ___________Proposed ____________
Principal bldg. height: Existing: _____________ Allowable: ___________Proposed____________
Access. Bldg. height: Existing: _____________ Allowable: __________ Proposed_____________
On-Site parking: Existing: _____________ Required: ___________Proposed_____________
% Site coverage: Existing: _____________ Required: ___________Proposed_____________
% Open Space: Existing: _____________ Required: ___________Proposed_____________
Front Setback: Existing: _____________ Required ____________Proposed _____________
Rear Setback: Existing: _____________ Required: ___________Proposed _____________
Combined F/F: Existing: _____________ Required ___________ Proposed _____________
Side Setback: Existing: _____________ Required: ___________Proposed _____________
Side Setback: Existing: _____________ Required ___________ Proposed _____________
Combined Sides: Existing: _____________ Required ___________ Proposed _____________
Distance between Bldgs. Existing: _____________ Required: ___________ Proposed _____________
Existing: _____________ Required: ___________Proposed: _____________
Existing non-conformities or encroachments: __________________________________________________
_______________________________________________________________________________________
Variations requested: _____________________________________________________________________
_______________________________________________________________________________________
_______________________________________________________________________________________
Aspen Hills Affordable Housing
WEB2 Capital LLC, a Colorado limited liability company
Bill Boehringer, Chief Executive Officer
331-338 Midland Avenue; Aspen, CO
Residential Multi-Family (RMF)
15,159 s.f.
15,159 s.f.
0
8
15
0
8
16
5,040 5,04011,369
-25'25'no change
na 25'na
8 16 8
approx. 24%na no change
approx 50%na no change
approx. 30'5'5'0-5'no change
no change
0-30'na no change
0'5'no change
approx. 30'5'no change
0-30'na no change
na na no change
0' side and rear yard along south and east property
lines. Under-parked by 7 spaces.
Acknowledgment of existing side/rear yard and parking conditions.
Variance for one parking space to allow reinstatement of two-
bedroom unit
yep nope no change
Exhibit 2
Aspen Hills Condominiums
331-338 Midland Avenue – Vicinity Map
ASLU
331 Midland
Growth Management
273707405801
1
CITY OF ASPEN
PRE-APPLICATION CONFERENCE SUMMARY
PLANNER: Justin Barker, 970.429.2797 DATE: 8/25/16
PROJECT: 331-338 Midland Avenue
REPRESENTATIVE: Bill Boehringer, 917.977.0541
DESCRIPTION:
The applicant is interested in converting an existing structure into affordable housing units to create Certificates of
Affordable Housing Credit. The property is located at 331-338 Midland Avenue (Aspen Hills Condominiums) and is zoned
as Residential Multi-family (RMF). The structure currently contains 8 existing two-bedroom free-market condominium
units. It appears that the existing structure may contain non-conformities. Any non-conformities may be maintained or
reduced as long as demolition is not triggered, but may not be expanded. No new non-conformities may be created as a
result of this project.
The conversion of residential multi-family to affordable housing requires growth management review by P&Z, pursuant to
Chapter 26.470.070.5, Demolition or redevelopment of multi-family housing, and Chapter 26.470.070.2, Change in use.
The development of affordable housing units will need to meet the criteria as outlined in Chapter 26.470.070.4,
Affordable Housing. The creation of Credits also requires review by P&Z. APCHA will need to approve units as both
APCHA and the City have minimum design standards. It appears that some of the units are located subgrade. The
standards require affordable housing to be a minimum of 50% above grade, or approved through Chapter 26.430,
Special Review. As a 100% affordable housing project, the units may be either for-sale or for-rent. All of these are one-
step reviews with P&Z and may be consolidated at the same public hearing.
If any exterior changes are proposed to the building, they will need to comply with the multi-family development
requirements of Chapter 26.410, Residential Design Standards. If proposed exterior changes do not meet the RDS, a
variation from P&Z will be required. Additional considerations include off-street parking requirements and trash/recycle
storage. An existing deficit of parking may be maintained. The proposed site plan will clearly need to indicate all parking
spaces and the designated trash/recycle area that will be used to meet the required standards.
Land Use Code Section(s)
26.304 Common Development Review Procedures
26.410 Residential Design Standards
26.430 Special Review
26.470.070.2 Change in use
26.470.070.4 GMQS – Affordable Housing
26.470.070.5 GMQS – Demolition or redevelopment of multi-family housing
26.515 Off-Street Parking
26.540 Certificates of Affordable Housing Credit
26.575.020 Calculations and Measurements
26.710.080 Residential Multi-family (RMF) zone district
Municipal Code Section
Exhibit 3
2
12.10 Space allotment for Trash and Recycling Storage
Below are links to the Land Use Application form and Land Use Code for your convenience:
Land Use App:
http://www.aspenpitkin.com/Portals/0/docs/City/Comdev/Apps%20and%20Fees/2013%20land%20use%20app%20form.pdf
Land Use Code:
http://www.aspenpitkin.com/Departments/Community-Development/Planning-and-Zoning/Title-26-Land-Use-Code/
Review by: Staff for completeness and recommendations
APCHA, Environmental Health for referrals
P&Z for GMQS and Creation of AH Credits. Special Review and RDS (if necessary)
Public Hearing: Yes, at P&Z
Planning Fees: $3,250 Deposit for 10 hours of staff time (additional planning hours are billed at a rate of
$325/hour)
Referral Fees: $975 Flat fee for APCHA
$975 Flat fee for Environmental Health
Total Deposit: $5,200
To apply, submit the following information:
Completed Land Use Application and signed fee agreement.
Pre-application Conference Summary (this document).
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)
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.
Scaled drawings of the proposed site plan and 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.
Net livable square footage and proposed Category Designation of sale or rental restriction for each unit.
If applicable, the conditions under which reductions from net minimum livable square footage requirements are
requested according to Aspen Pitkin County Housing Authority Guidelines.
Proposed employees housed by the affordable housing units in increments of no less than one one-hundredth
(0.01) according to Section 26.470.100.2.
3
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.
An 8 1/2” by 11” vicinity map locating the parcel within the City of Aspen.
1 Complete Copy of all application materials. If the copy is deemed complete by staff, the following items
will then need to be submitted:
5 additional copies of the complete application packet and, if applicable, associated drawings.
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.
Form 5011000 (6-22-10) Page 1 of 2 ALTA Plain Language Commitment (6-17-06)
Title Insurance Commitment
ISSUED BY
First American Title Insurance Company
Commitment
INFORMATION
The Title Insurance Commitment is a legal contract between you and the
Company. It is issued to show the basis on which we will issue a Title
Insurance Policy to you. The Policy will insure you against certain risks to the
land title, subject to the limitations shown in the Policy.
The Company will give you a sample of the Policy form, if you ask.
The Policy contains an arbitration clause. All arbitrable matters when the
Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of
either the Company or you as the exclusive remedy of the parties. You may
review a copy of the arbitration rules at http://www.alta.org/.
The Commitment is based on the land title as of the Commitment Date. Any
changes in the land title or the transaction may affect the Commitment and
the Policy.
The Commitment is subject to its Requirements, Exceptions and Conditions.
THIS INFORMATION IS NOT PART OF THE TITLE INSURANCE
COMMITMENT. YOU SHOULD READ THE COMMITMENT VERY
CAREFULLY.
If you have any questions about the Commitment, contact:
FIRST AMERICAN TITLE INSURANCE COMPANY
1 First American Way, Santa Ana, California 92707
TABLE OF CONTENTS
AGREEMENT TO ISSUE POLICY 1
CONDITIONS 2
SCHEDULE A Insert
1. Commitment Date
2. Policies to be Issued, Amounts
and Proposed Insureds
3. Interest in the Land and Owner
4. Description of the Land
SCHEDULE B-I - REQUIREMENTS Insert
SCHEDULE B-II - EXCEPTIONS Insert
AGREEMENT TO ISSUE POLICY
We agree to issue policy to you according to the terms of the Commitment. When we show the policy amount and your name as the proposed insured in Schedule A,
this Commitment becomes effective as of the Commitment Date shown in Schedule A.
If the Requirements shown in this Commitment have not been met within six months after the Commitment Date, our obligation under this Commitment will end. Also,
our obligation under this Commitment will end when the Policy is issued and then our obligation to you will be under the Policy.
Our obligation under this Commitment is limited by the following:
The Provisions in Schedule A.
The Requirements in Schedule B-I.
The Exceptions in Schedule B-II.
The Conditions on Page 2.
This Commitment is not valid without SCHEDULE A and Sections I and II of SCHEDULE B.
(This Commitment is valid only when Schedules A and B are attached) This jacket was created electronically and constitutes an original document
Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this form is restricted to ALTA licensees and ALTA members in good standing as of the date
of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
Exhibit 4
Form 5011000 (6-22-10) Page 2 of 2 ALTA Plain Language Commitment (6-17-06)
CONDITIONS
1.DEFINITIONS
(a) "Mortgage" means mortgage, deed of trust or other security instrument. (b) "Public Records" means title records
that give constructive notice of matters affecting your title according to the state statutes where your land is
located.
2.LATER DEFECTS
The Exceptions in Schedule B - Section II may be amended to show any defects, liens or encumbrances that appear
for the first time in the public records or are created or attached between the Commitment Date and the date on which
all of the Requirements (a) and (c) of Schedule B - Section I are met. We shall have no liability to you because of this
amendment.
3.EXISTING DEFECTS
If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B, we may amend
Schedule B to show them. If we do amend Schedule B to show these defects, liens or encumbrances, we shall be
liable to you according to Paragraph 4 below unless you knew of this information and did not tell us about it in writing.
4.LIMITATION OF OUR LIABILITY
Our only obligation is to issue to you the Policy referred to in this Commitment, when you have met its Requirements.
If we have any liability to you for any loss you incur because of an error in this Commitment, our liability will be limited
to your actual loss caused by your relying on this Commitment when you acted in good faith to:
Comply with the Requirements shown in Schedule B - Section I
or
Eliminate with our written consent any Exceptions shown in Schedule B - Section II.
We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment and our liability is
subject to the terms of the Policy form to be issued to you.
5.CLAIMS MUST BE BASED ON THIS COMMITMENT
Any claim, whether or not based on negligence, which you may have against us concerning the title to the land must
be based on this Commitment and is subject to its terms.
Copyright 2006-2009 American Land Title Association. All right reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
16003559
American Land Title Association ALTA Commitment Form
Adopted 6-17-06
First American Title Insurance Co.
Commitment No.: 16003559
SCHEDULE A
1. Effective Date: October 3, 2016 at 07:45 AM
2. Policy or Policies to be issued: Amount Premium
A.ALTA Owners Policy (06/17/06)$5,600,000.00 $4,845.00
Proposed Insured:WEB2 Capital LLC, a Colorado limited liability company
Certificate of Taxes Due $200.00
Endorsements:
CO-110.1 (Delete 1, 2, 3, 4)$75.00
Additional Charges:$ 700.00
B.ALTA Loan Policy (06/17/06)$4,480,000.00 $150.00
Proposed Insured:TBD, its successors and/or assigns as their interests may appear
Endorsements:
ALTA Endorsement 4.1-06 (Condominium)$802.00
ALTA Endorsement 6-06 (Variable Rate Mortgage)$30.00
ALTA Endorsement 8.1-06 (Environmental Protection Lien)$50.00
CO-100 (Comprehensive Improved Land)$50.00
Additional Charges:$0
Total $6,902.00
3. The estate or interest in the land described or referred to in this Commitment is Fee simple.
4. Title to the Fee simple or interest in the land is at the Effective Date vested in:
Jean J. Delynn and John Ian Taylor (as to Unit: A-1), The Margaret Jane McGavock Trust dated January 15, 2016 (as
to Unit: A-2), Matt Grubbs (as to Unit: A-3), Heidi Gorbitz and Patric Gorbitz (as to Unit:A-4), Drew I. Goodman (as to
Unit: A-5), Alix Samuelson (as to Unit:A-6), 337 Midland Ave LLC (as to Unit: A-7) and Sharon Elizabeth Wells (as to
Unit:A-8)
5. The land referred to in the Commitment is described as follows:
SEE EXHIBIT A ATTACHED HERETO
For informational purposes only, the property address is: 331-338 Midland Avenue, Units: A1, A2, A3, A4, A5, A6, A7,
A8, Aspen, CO 81611.
Copyright 2006-2009 American Land Title Association. All right reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
16003559
Attorneys Title Insurance Agency of Aspen, LLC
By:
Winter VanAlstine
Authorized Officer or Agent
FOR INFORMATIONAL PURPOSES OR SERVICES IN CONNECTION WITH THIS COMMITMENT, CONTACT:
Attorneys Title Insurance Agency of Aspen, LLC,715 West Main Street, Suite 202, Aspen, CO 81611, Phone: 970
925-7328, Fax: 970 925-7348.
Copyright 2006-2009 American Land Title Association. All right reserved.
The use of this Form is restricted to ALTA licensees and ALTA members
in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
16003559
American Land Title Association ALTA Commitment Form
Adopted 6-17-06
First American Title Insurance Co.
Commitment No.: 16003559
SCHEDULE B
1. Requirements:
1.Pay the agreed amounts for the interest in the land and/or the mortgage to be insured.
2.Pay us the premiums, fees and charges for the policy.
3.Documents satisfactory to us creating the interest in the land and/or the mortgage to be insured must be signed,
delivered and recorded.
4.You must tell us in writing the name of anyone not referred to in this Commitment who will get an interest in the
land or who will make a loan on the land. We may then make additional requirements or exceptions.
5.Payment of all taxes, charges and assessments, levied and assessed against the subject premises which are due
and payable.
6.A Certification of Taxes due listing each taxing jurisdiction shall be obtained from the County Treasurer or an
authorized agent (pursuant to Senate Bill 92-143, CRS 10-11-122).
7.Receipt by the Company of the appropriate affidavit as to new construction and indemnifying the Company against
any unfiled materialmen's or mechanic's liens.
8.Deed of Trust from WEB2 Capital LLC, a Colorado limited liability company, to the Public Trustee of Pitkin County
for the benefit of TBD, to secure an indebtedness in the principal sum of $4,480,000.00.
9.Certificate of Good Standing from the Colorado Secretary of State for WEB2 Capital LLC, a Colorado limited
liability company.
10.A copy of the properly signed and executed Operating Agreement if written, for WEB2 Capital LLC, a Colorado
limited liability company, to be submitted to the Company for review.
11.Record a Statement of Authority to provide prima facie evidence of existence of WEB2 Capital LLC, a Colorado
limited liability company, an entity capable of holding property, and the name of the person authorized to execute
instruments affecting title to real property as authorized by C.R.S. Section 38-30-172.
12.Evidence to the Company that all assessments and liens due under the Declaration referred to in Schedule B have
been paid.
13.This Title Commitment is subject to underwriter approval.
American Land Title Association ALTA Commitment Form
Adopted 6-17-06
First American Title Insurance Co.
Commitment No.: 16003559
SCHEDULE B
(Continued)
Copyright 2006-2009 American Land Title Association. All right reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
16003559
Requirements 14-15 below affect Unit: A-1 only.
14.Warranty Deed must be sufficient to convey the fee simple estate or interest in the land described or referred to
herein, from Jean J. Delynn and John Ian Taylor to WEB2 Capital LLC, a Colorado limited liability company, the
proposed insured, Schedule A, item 2A. NOTE: C.R.S. Section 38-35-109(2) required that a notation of the
purchaser's legal address, (not necessarily the same as the property address) be included on the face of the Deed
to be recorded.
15.Full disclosure from Seller, of any monetary liens and open Deeds of Trust of record. If you have any knowledge of
an outstanding obligation secured by the subject property, you must contact us immediately for further review prior
to closing.
Requirements 16-20 below affect Unit: A-2 only.
16.Warranty Deed must be sufficient to convey the fee simple estate or interest in the land described or referred to
herein, from The Margaret Jane McGavock Trust dated January 15, 2016, to WEB2 Capital LLC, a Colorado
limited liability company, the proposed insured, Schedule A, item 2A. NOTE: C.R.S. Section 38-35-109(2) required
that a notation of the purchaser's legal address, (not necessarily the same as the property address) be included on
the face of the Deed to be recorded.
17.Full disclosure from Seller, of any monetary liens and open Deeds of Trust of record. If you have any knowledge of
an outstanding obligation secured by the subject property, you must contact us immediately for further review prior
to closing.
18.A true and correct copy of the Trust Agreement which creates The Margaret Jane McGavock Trust dated January
15, 2016, providing, among other things, the designation of the trustee(s) and specification of the trustee(s)
powers under that trust.
19.Record a Statement of Authority to provide prima facie evidence of existence of The Margaret Jane McGavock
Trust dated January 15, 2016, an entity capable of holding property, and the name of the person authorized to
execute instruments affecting title to real property as authorized by C.R.S. Section 38-30-172.
20.Evidence furnished by the Office of the Director of Finance, City of Aspen, that the following real estate taxes have
been paid, or that conveyance is exempt from said taxes:
(1) The "Wheeler Real Estate Transfer Tax" pursuant to Ordinance No. 20 (Series of 1979) and;
(2) The "Housing Real Estate Transfer Tax" pursuant to Ordinance No. 13 (Series of 1990);
pursuant to the Quit Claim Deed recorded March 10, 2016, as Reception No. 627681.
American Land Title Association ALTA Commitment Form
Adopted 6-17-06
First American Title Insurance Co.
Commitment No.: 16003559
SCHEDULE B
(Continued)
Copyright 2006-2009 American Land Title Association. All right reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
16003559
Requirements 21-24 below affect Unit: A-3 only.
21.Warranty Deed must be sufficient to convey the fee simple estate or interest in the land described or referred to
herein, from Matt Grubbs, to WEB2 Capital LLC, a Colorado limited liability company, the proposed insured,
Schedule A, item 2A. NOTE: C.R.S. Section 38-35-109(2) required that a notation of the purchaser's legal
address, (not necessarily the same as the property address) be included on the face of the Deed to be recorded.
22.Release of the Deed of Trust from Matt Grubbs to the Public Trustee of Pitkin County for the benefit of
Washington Mutual Bank, FA, a federal association, to secure an indebtedness in the principal sum of
$327,000.00, and any other amounts and/obligations secured thereby, dated April 9, 2003, and recorded April 18,
2003, as Reception No. 481610, and Corporate Assignment of Deed of Trust, dated March 14, 2014, and
recorded March 20, 2014, as Reception No. 608768.
23.Release of the Deed of Trust from Matthew F. Grubbs to the Public Trustee of Pitkin County for the benefit of
David G. Sweiderk and Robert Bystrowski, to secure an indebtedness in the principal sum of $50,000.00, and any
other amounts and/obligations secured thereby, dated June 24, 2004, and recorded September 10, 2004, as
Reception No. 501794.
24.Evidence furnished by the Office of the Director of Finance, City of Aspen, that the following real estate taxes have
been paid, or that conveyance is exempt from said taxes:
(1) The "Wheeler Real Estate Transfer Tax" pursuant to Ordinance No. 20 (Series of 1979) and;
(2) The "Housing Real Estate Transfer Tax" pursuant to Ordinance No. 13 (Series of 1990);
pursuant to the Personal Representative's Deed, dated January 17, 2001, and recorded March 22, 2001, as
Reception No. 452641, and Quit Claim Deed dated February 14, 2001, and recorded March 22, 2001, as
Reception No. 452642.
Requirements 25-27 below affect Unit: A-4 only.
25.Warranty Deed must be sufficient to convey the fee simple estate or interest in the land described or referred to
herein, from Heidi Gorbitz and Patric Gorbitz, to WEB2 Capital LLC, a Colorado limited liability company, the
proposed insured, Schedule A, item 2A. NOTE: C.R.S. Section 38-35-109(2) required that a notation of the
purchaser's legal address, (not necessarily the same as the property address) be included on the face of the Deed
to be recorded.
26.Release of the Deed of Trust from Heidi Gorbitz and Patric Gorbitz, to the Public Trustee of Pitkin County for the
benefit of Pinnacle Mortgage Group Inc. to secure an indebtedness in the principal sum of $272,000.00, and any
other amounts and/obligations secured thereby, dated February 2, 2012, and recorded February 7, 2012, as
Reception No. 586552, and re-recorded February 9, 2012, as Reception No. 586633.
American Land Title Association ALTA Commitment Form
Adopted 6-17-06
First American Title Insurance Co.
Commitment No.: 16003559
SCHEDULE B
(Continued)
Copyright 2006-2009 American Land Title Association. All right reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
16003559
27.Release of the Deed of Trust from Patric Gorbitz and Heidi Gorbitz to the Public Trustee of Pitkin County for the
benefit of Alpine Bank, a Colorado Banking Corporation, to secure an indebtedness in the principal sum of
$50,000.00, and any other amounts and/obligations secured thereby, dated March 13, 2012, and recorded March
30, 2012, as Reception No. 587876.
Requirements 28-30 below affect Unit: A-5 only.
28.Warranty Deed must be sufficient to convey the fee simple estate or interest in the land described or referred to
herein, from Drew I. Goodman to WEB2 Capital LLC, a Colorado limited liability company, the proposed insured,
Schedule A, item 2A. NOTE: C.R.S. Section 38-35-109(2) required that a notation of the purchaser's legal
address, (not necessarily the same as the property address) be included on the face of the Deed to be recorded.
29.Full disclosure from Seller, of any monetary liens and open Deeds of Trust of record. If you have any knowledge of
an outstanding obligation secured by the subject property, you must contact us immediately for further review prior
to closing.
30.Pay 2nd half of 2015 taxes.
Requirements 31-32 below affect Unit: A-6 only.
31.Warranty Deed must be sufficient to convey the fee simple estate or interest in the land described or referred to
herein, from Alix Samuelson to WEB2 Capital LLC, a Colorado limited liability company, the proposed insured,
Schedule A, item 2A. NOTE: C.R.S. Section 38-35-109(2) required that a notation of the purchaser's legal
address, (not necessarily the same as the property address) be included on the face of the Deed to be recorded.
32.Full disclosure from Seller, of any monetary liens and open Deeds of Trust of record. If you have any knowledge of
an outstanding obligation secured by the subject property, you must contact us immediately for further review prior
to closing.
Requirements 33-37 below affect Unit: A-7 only.
33.Warranty Deed must be sufficient to convey the fee simple estate or interest in the land described or referred to
herein, from 337 Midland Avenue, LLC, a Colorado limited liability company to WEB2 Capital LLC, a Colorado
limited liability company, the proposed insured, Schedule A, item 2A. NOTE: C.R.S. Section 38-35-109(2) required
that a notation of the purchaser's legal address, (not necessarily the same as the property address) be included on
the face of the Deed to be recorded.
34.Release of the Deed of Trust from Jordan Nemirow to the Public Trustee of Pitkin County for the benefit of Ally
Bank Corp. f/k/a GMAC Bank to secure an indebtedness in the principal sum of $374,262.00, and any other
amounts and/obligations secured thereby, dated February 23, 2011, and recorded March 3, 2011, as Reception
No. 578037.
American Land Title Association ALTA Commitment Form
Adopted 6-17-06
First American Title Insurance Co.
Commitment No.: 16003559
SCHEDULE B
(Continued)
Copyright 2006-2009 American Land Title Association. All right reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
16003559
35.Certificate of Good Standing from the Colorado Secretary of State for 337 Midland Avenue, LLC, a Colorado
limited liability company.
36.Record a Statement of Authority to provide prima facie evidence of existence of 337 Midland Avenue, LLC, a
Colorado limited liability company, an entity capable of holding property, and the name of the person authorized to
execute instruments affecting title to real property as authorized by C.R.S. Section 38-30-172.
37.A copy of the properly signed and executed Operating Agreement if written, for 337 Midland Avenue, LLC, a
Colorado limited liability company, to be submitted to the Company for review.
Requirements 38-41 below affect Unit: A-8 only.
38.Warranty Deed must be sufficient to convey the fee simple estate or interest in the land described or referred to
herein, from Sharon Elizabeth Wells, to WEB2 Capital LLC, a Colorado limited liability company, the proposed
insured, Schedule A, item 2A. NOTE: C.R.S. Section 38-35-109(2) required that a notation of the purchaser's legal
address, (not necessarily the same as the property address) be included on the face of the Deed to be recorded.
39.Release of the Deed of Trust from Sharon Elizabeth Wells, to the Public Trustee of Pitkin County for the benefit of
Wells Fargo Bank, N.A., to secure an indebtedness in the principal sum of $338,000.00, and any other amounts
and/obligations secured thereby, dated May 1, 2006, and recorded May 18, 2006, as Reception No. 524179, and
Assignment of Mortgage dated November 29, 2013, and recorded December 2, 2013, as Reception No. 606004.
40.Release of the Open-End Deed of Trust from Sharon Elizabeth Wells, an Unmarried Person, to the Public Trustee
of Pitkin County for the benefit of Wells Fargo Bank, N.A., to secure an indebtedness in the principal sum of
$50,000.00, and any other amounts and/obligations secured thereby, dated November 20, 2006, and recorded
December 11, 2006, as Reception No. 532062, and Modification to Home Equity Line of Credit, dated April 5,
2007, and recorded May 4, 2007, as Reception No. 537391, and Modification to Home Equity Line of Credit, dated
July 31, 2007, and recorded August 27, 2007, as Reception No. 541345.
41.Release of Notice of Election and Demand for Sale by Public Trustee as Sale No. 12-033, filed in regard to the
Deed of Trust dated May 1, 2006, and May 18, 2006, as Reception No. 524179, encumbering an original principal
amount of evidence of debt of: $338,000.00, with a current outstanding Principal Balance of: $316,890.68,
recorded May 3, 2012, as Reception No. 588762.
2. Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are
disposed of to the satisfaction of the Company:
1.Any facts, rights, interests or claims which are not shown by the Public Records, but which could be ascertained
by an inspection of the Land or by making inquiry of persons in possession thereof.
2.Easements, or claims of easements, not shown by the Public Records.
American Land Title Association ALTA Commitment Form
Adopted 6-17-06
First American Title Insurance Co.
Commitment No.: 16003559
SCHEDULE B
(Continued)
Copyright 2006-2009 American Land Title Association. All right reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
16003559
3.Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey
and inspection of the Land would disclose, and which are not shown by the Public Records.
4.Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not
shown in the Public Records.
5.Any and all unpaid taxes, assessments and unredeemed tax sales.
6.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof;
(c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the
Public Records.
7.Taxes and assessments for the year 2015 and 2016, and subsequent years, a lien not yet due or payable.
8.All mineral rights underlying the subject property.
9.The premises hereby granted, with the exception of the surfact, may be entered by the proprietor of any other vein,
lode or ledge, the top or apex of which lies outside of the boundary of said granted premises, should the same in
its dip be found to penetrate or intersect or extent into said premises for the purpose of extracting and removing
the ore from such other vein, lode or ledge; and right of way for ditches or canals constructed by the authority of
the United States as reserved in United States Patent, recorded June 28, 1892, in Book 39 at Page 78, as
Reception No. 047892, and in the United States Patent, recorded May 20, 1949, in Book 175 at Page 170, as
Reception No. 096346.
10.Terms, conditions, provisions, agreements and obligations and rights of ingress and egress, specified under the
Warranty Deed, dated January 21, 1965, and recorded April 12, 1965, in Book 212 at Page 322, as Reception No.
120355.
11.Terms, conditions, provisions, agreements and obligations specified under the Warranty Deed dated February 17,
1969, and recorded February 18, 1969, in Book 239 at Page 441, as Reception No. 134173, and in the Warranty
Deed dated July 30, 1969, and recorded September 12, 1969, in Book 243 at Page 246, as Reception No.
136991, and in the Warranty Deed dated November 25, 1970, and recorded December 3, 1970, in Book 252 at
Page 218, as Reception No. 143387, and in the Warranty Deed dated December 30, 1971, and recorded January
12, 1972, in Book 260 at Page 712, as Reception No. 149529.
12.Terms, conditions, provisions, agreements and obligations specified under the Condominium Declaration for
Aspen Hills (a Condominium) dated July 2, 1969, and recorded July 2, 1969, in Book 241 at Page 877, as
Reception No. 136011, and First Amendment to Condominium Declaration for Aspen Hills (a Condominium) dated
September 2, 1969, and recorded September 5, 1969, in Book 243 at Page 83, as Reception No. 136864.
13.Any and all notes, easements and recitals as disclosed on the recorded Condominium Map of Aspen Hlils Plat,
recorded July 15, 1969, in Plat Book 4 at Page 8, as Reception No. 136131.
American Land Title Association ALTA Commitment Form
Adopted 6-17-06
First American Title Insurance Co.
Commitment No.: 16003559
SCHEDULE B
(Continued)
Copyright 2006-2009 American Land Title Association. All right reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
16003559
14.Any and all notes, easements and recitals as disclosed on the recorded Aspen Hills Annexation Plat, recorded
June 14, 1971, in Plat Book 4 at Page 200, as Reception No. 146061.
15.Terms, conditions, provisions, agreements and obligations specified under the Agreement, dated July 10, 1978,
and recorded July 12, 1978, in Book 351 at Page 229, as Reception No. 205645.
16.Terms, conditions, provisions, agreements and obligations specified under the Decree Quieting Title, dated
December 5, 1983, and recorded December 27, 1983, in Book 457 at Page 888, as Reception No. 255947.
NOTE: This exception affects Unit: A-2 only.
17.Terms, conditions, provisions, agreements and obligations specified under the Grant of Easement, dated April 1,
2006, and recorded May 22, 2006, as Reception No. 524387.
18.Any existing leases or tenancies, and any and all parties claiming by, through or under said lessees.
ALTA Commitment 16003559
Exhibit A
First American Title Insurance Co.
Commitment No.: 16003559
EXHIBIT A
PROPERTY DESCRIPTION
The land referred to in this Commitment is described as follows:
Condominium Units A-1, A-2, A-3, A-4, A-5, A-6, A-7 and A-8, ASPEN HILLS, A CONDOMINIUM, according to the Map
thereof recorded July 15, 1969 in Plat Book 4 at Page 8 as Reception No. 136131 and as defined and described in the
Condominium Declaration for Aspen Hills, a Condominium, recorded July 2, 1969 in Book 241 at Page 877 as Reception
No. 136011 and First Amendment thereto recorded September 5, 1969 in Book 243 at Page 83 as Reception No. 136864,
Pitkin County, Colorado;
EXCEPT that portion of the common area conveyed to the Board of County Commissioners of the Pitkin County Housing
Authority by Agreement dated July 10, 1978, and recorded July 12, 1978, in Book 351 at Page 229, as Reception No.
205645.
First American Title Insurance Company
American Land Title Association ALTA Commitment Form
Adopted 6-17-06
First American Title Insurance Co.
Commitment No.: 16003559
SCHEDULE B
(Continued)
First American Title Insurance Company
TELEPHONE 970 925-7328 FACSIMILE 970 925-7348
ATTORNEYS TITLE INSURANCE AGENCY OF ASPEN, LLC
715 West Main Street, Suite 202
Aspen, CO 81611
Attorneys Title Insurance Agency of Aspen, LLC
Privacy Policy Notice
PURPOSE OF THIS NOTICE
Title V. of the Gramm-Leach-Bliley Act (GLBA) generally prohibits any financial institution, directly or through it affiliates,
from sharing non-public personal information about you with a nonaffiliated third party unless the institution provides you
with a notice of its privacy policies and practices, such as the type of information that it collects about you and the
categories of persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing you with
this document, which notifies you of the privacy policies and practices of Attorneys Title Insurance Agency of Aspen,
LLC.
We may collect nonpublic personal information about you from the following sources:
Information we receive from you, such as on application or other forms.
Information about your transactions we secure from out files, or from our affiliates or others.
Information we receive from a consumer reporting agency.
Information that we receive from others involved in your transaction, such as the real estate agent or lender.
Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information
will be collected about you.
We may disclose any of the above information that we collect about our customers or former customer to our affiliates or
to nonaffiliated third parties as permitted by law.
We also may disclose this information about our customers or former customers to the following types of nonaffiliated
companies that perform marketing services on our behalf or with whom we have joint marketing agreements:
Financial service providers such as companies engaged in banking, consumer finance, securities and insurance.
Non-financial companies such as envelope stuffers and other fulfillment service providers.
WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY
PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW.
We restrict access to nonpublic personal information about you to those employees who need to know that information in
order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with
federal regulations to guard your nonpublic personal information.
ASLU
Planned Development
310 & 330 E. Main Street
PID #
4
Bill Boehringer, Chief Executive Officer
WEB2 Capital LLC, a Colorado limited liability company
WilliamB@WEBCapLLC.com
Aspen Hills Condominiums
331-338 Midland Avenue
Aspen, CO 81611
(917) 977.0541
Bill Boehringer, Chief Executive Officer
WEB2 Capital LLC, a Colorado limited liability company
10-21-2016Owner representative:
Printed name:
Exhibit 5
300 SO SPRING ST | 202 | ASPEN, CO 81611
970.925.2855 | BENDONADAMS.COM
October 21, 2016
Ms. Jessica Garrow, AICP
Community Development Director
City of Aspen
130 So. Galena St.
Aspen, Colorado 81611
RE: Aspen Hills Condominiums (331-338 Midland Avenue)
Ms. Garrow:
Please accept this letter authorizing BendonAdams, LLC, to represent our ownership
interests in Aspen Hills Condominiums and act on our behalf on matters reasonably
associated in securing land use approvals for the property.
If there are any questions about the foregoing or if I can assist, please do not hesitate to
contact me.
Aspen Hills Condominiums Units:
A1 – Parcel ID: 2737-074-05-001
A2 – Parcel ID: 2737-074-05-006
A3 – Parcel ID: 2737-074-05-002
A4 – Parcel ID: 2737-074-05-008
A5 – Parcel ID: 2737-074-05-007
A6 – Parcel ID: 2737-074-05-003
A7 – Parcel ID: 2737-074-05-005
A8 – Parcel ID: 2737-074-05-004
Common Area – Parcel ID: 2737-074-05-801
Kind Regards,
William Boehringer
Chief Executive Officer
WEB2 Capital LLC, a Colorado limited liability company
PO Box 3807
Aspen, CO 81612
(917)977.0541
WilliamB@WEBCapLLC.com
Exhibit 6
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
March, 2016 City of Apen|130 S. Galena St.|(970) 920 5050
Agreement to Pay Application Fees
An agreement between the City of Aspen (“City”) and
Property Phone No.:
Owner (“I”): Email:
Address of Billing
Property: Address:
(Subject of (send bills here)
application)
I understand that the City has adopted, via Ordinance No., Series of 2011, review fees for Land Use applications and 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.
$.___________flat fee for __________________. $.____________ flat fee for _____________________________
$.___________ flat fee for __________________. $._____________ flat fee for _____________________________
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 addit ional
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 no-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 and 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.
$________________ deposit for_____________ hours of Community Development Department staff time. Additional time
above the deposit amount will be billed at $325.00 per hour.
$________________ deposit for _____________ hours of Engineering Department staff time. Additional time above the
deposit amount will be billed at $325.00 per hour.
City of Aspen: Property Owner:
________________________________ _______________________________________________
Jessica Garrow, AICP
Community Development Director Name:
_______________________________________________
Title:
_______________________________________________
City Use:
Fees Due: $____Received $_______
WEB2 Capital LLC,
a Colorado limited liability company;
William Boehringer, Chief Executive Officer
(917) 977.0541
WilliamB@WEBCapLLC.com
Aspen Hill Condominiums
331-338 Midland Avenue
975
975
APCHA
Env. Health
3,250 10
William Boehringer
Chief Executive Officer
WEB2 Capital LLC, a Colorado limited liability company
WEB2 Capital LLC
PO Box 3807
Aspen, CO 81612.
Exhibit 7
Pitkin County Mailing List of 300 Feet Radius
Pitkin County GIS presents the information and data on this web
site as a service to the public. Every effort has been made to
ensure that the information and data contained in this electronic
system is accurate, but the accuracy may change. Mineral
estate ownership is not included in this mailing list. Pitkin County
does not maintain a database of mineral estate owners.
Pitkin County GIS makes no warranty or guarantee concerning
the completeness, accuracy, or reliability of the content at this
site or at other sites to which we link. Assessing accuracy and
reliability of information and data is the sole responsibility of the
user. The user understands he or she is solely responsible and
liable for use, modification, or distribution of any information or
data obtained on this web site.
This document contains a Mailing List formatted to be
printed on Avery 5160 Labels. If printing, DO NOT "fit to
page" or "shrink oversized pages." This will manipulate the
margins such that they no longer line up on the labels
sheet. Print actual size.
From Parcel: 273707405801 on 09/30/2016
Instructions:
Disclaimer:
http://www.pitkinmapsandmore.com
Exhibit 8
BROWN RUTH H
ASPEN, CO 81611
410 N MILL ST #B11
BEYER ALAN R
ASPEN, CO 81611
410 N MILL ST #B11
BERNARD RANDY
ASHEVILLE, NC 28805
18 PLATEAU RD
COLORADO MTN NEWS MEDIA
CARSON CITY, NV 89702
PO BOX 1927
PIERCE ROBERT KING
ASPEN, CO 81612
PO BOX 3118
MERZBACH NINA
SANTA BARBARA, CA 93108
195 SHEFFIELD DR
SILVER LAKE FAMILY TRUST
ASPEN, CO 81611
424 PARK CIR TH 1
GOLDBERG DANIEL J
ASPEN, CO 81611
424 PARK CIR # 3
HUA VINH
ASPEN, CO 81612
PO BOX 2439
LUU VINH
ASPEN, CO 81612
PO BOX 8513
SCHUR JACOB A
ASPEN, CO 816112498
424 PARK CIRCLE #TH5
MOYER MARY
ASPEN, CO 81611
424 PARK CIR #6
HEYMAN BRUCE QPR TRUST
OGDENSBURG, NY 13669
PO BOX 5000 MS-10
HEYMAN VICKI QPR TRUST
CHICAGO, IL 60614
2035 N MAGNOLIA
ROCKY MTN PROPERTY LLC
ASPEN, CO 81611
73 SMUGGLER GROVE RD
FAT CITY APARTMENTS LLC
ASPEN, CO 81611
402 MIDLAND PARK
BIBBIG DIETER
ASPEN, CO 81611
333 PARK AVE
HEMMING GREGG S & KAREN S
ASPEN, CO 81611
311 MIDLAND AVE
GOLDEN SALLIE
ASPEN, CO 81611
325 PARK AVE
1208 EAST HOPKINS LLC
ASPEN, CO 81611
623 E HOPKINS AVE
ASPEN/PITKIN COUNTY HOUSING AUTHORITY
ASPEN, CO 81611
210 E HYMAN AVE #202
KNUTSON RODNEY D
ASPEN, CO 81612
PO BOX YY
SNELL NANCY L
ASPEN, CO 81612
PO BOX YY
WELLS SHARON ELIZABETH
BASALT, CO 81621
PO BOX 3100
GREENHILL MICHAEL LOUIS REV TRUST
HIGHLAND PARK, IL 60035-1909
30 RIPARIAN RD
GREENHILL DEBRA MERLE REV TRUST
HIGHLAND PARK, IL 60035
30 RIPARIAN RD
CITY OF ASPEN
ASPEN, CO 81611
130 S GALENA ST
CASTLE PEAK ASPEN LLC
ASPEN, CO 81611
600 E MAIN ST #104
TAYLOR JOHN IAN
ASPEN, CO 81611
331 MIDLAND AVE
DELYNN JEAN J
ASPEN, CO 81611
331 MIDLAND AVE
GRUBBS MATT
ASPEN, CO 81611-2412
333 MIDLAND AVE #3
SAMUELSON ALIX
BASALT, CO 81621
PO BOX 4324
DEVANNY EARL H III & ELIZABETH H
DENVER, CO 80218
177 HAMBOLDT ST
DUNIGAN PATRICK A
DALLAS, TX 75205
4245 N CENTRAL EXPRESSWAY STE 460
CHAZEN DAVID FRANKLIN II
NEW YORK, NY 10155
150 E 58TH ST 27TH FL
HTM PROPERTIES LLC
ASPEN, CO 81611
43 A SMUGGLER GROVE RD
337 MIDLAND AVE LLC
ASPEN, CO 81612
PO BOX 559
MCGAVOCK MARGARET JANE TRUST
ASPEN, CO 81612
PO BOX 533
HERMELIN ASPEN LLC
FRANKLIN, MI 48025
32205 BINGHAM RD
KALTENBOCK ERNST
CANADA M4B 3A4,
1612 WOODBINE HEIGHTS BLVD
TORONTO ONTARIO
IBARA RON
CAYUCOS, CA 93430
PO BOX 776
MEBEL GREGORY E
PAIA, HI 967799723
30 KUPONO ST
COERDT CLINTON CLAUSS
ASPEN, CO 816111595
726 VINE ST
ARNAL ALVARO JOSE
ASPEN, CO 816111595
726 VINE ST
VICENZI HEATHER L TRUST
ASPEN, CO 81612
PO BOX 2238
MCDONALD FRANCIS B
ASPEN, CO 81612
PO BOX 4671
WHITE WILLIAM P
ASPEN, CO 81611
326 MIDLAND AVE #204
TUSHINGHAM DARREN
ASPEN, CO 81611
326 MIDLAND AVE #205
OLDFIELD BARNEY F
GLENWOOD SPRINGS, CO 816014395
2701 MIDLAND AVE #8312
PHILLIPS ARTHUR R & HELEN B
ASPEN, CO 81612
PO BOX 8245
MOHWINKEL CLIFF
ASPEN, CO 81611
PO BOX 9457
RESTAINO BECKER TRUST
SAN ANSELMO, CA 94960
72 ALDER AVE
KELLEY BRAD BUCKLEY & SHARI L
EDEN, UT 84310
1736 N 6250 E
PITKIN COUNTY
ASPEN, CO 81611
530 E MAIN ST #302
SMITH JACK L & DIANE M
EVERGREEN, CO 80439
434 COTTONWOOD DR
ASPEN ASSET LLC
GLENWOOD SPRINGS, CO 816014395
2701 MIDLAND AVE #8312
FERLISI MARY SANDRA LIVING TRUST
ASPEN, CO 81611
326 MIDLAND AVE #307
CAVE DERYK
ASPEN, CO 81611
1195 E COOPER #B
GORBITZ HEIDI & PATRIC
ASPEN, CO 81612
PO BOX 647
K & W PROPERTIES I LLC
BLACKSBURG, VA 24060
PO BOX 744
LOUTHIS PETER
ASPEN, CO 81612
PO BOX 4254
NAGLE MELINDA LEE
ASPEN, CO 81612
PO BOX 914
EPLER ANDI E
ASPEN, CO 81612
PO BOX 785
MUNROE KRISTIN EPLER TRUST
ASPEN, CO 81612
PO BOX 785
CALAMARI MICHAEL
METAIRIE, LA 700053469
317 RUE SAINT ANN
NARAT APSARA
ASPEN, CO 81611
415 PARK CIR #5
KEARN ROBERT & ORENE FAMILY TRUST
HILLSBOROUGH, CA 94010
1831 WILLOW RD
DAVIS D STONE
ASPEN, CO 81612
PO BOX 8904
RUSSELL LYNN C
ASPEN, CO 81612
PO BOX 8904
MANUEL CATHERINE & LINCOLN
ASPEN, CO 81611
409 PARK CIR #2
AES INVESTMENTS LLC
ASPEN, CO 81611
500 PARK CIR
ANDRULAITIS FIONA MCWILLIAM & TIMOTHY A
ASPEN, CO 81611
409 PARK CIR #4
GARTON SARA B
ASPEN, CO 81611
110 MIDLAND PARK PL
JOHNSTON PEGGY REV TRUST
ASPEN, CO 81611
111 MIDLAND PARK PL
BROOKS KERRI L
ASPEN, CO 81611
112 MIDLAND PARK PL
LACROIX TIMOTHY
ASPEN, CO 81611
113 MIDLAND PARK PL
STEAR RONALD A & MARIA F
ASPEN, CO 81611
121 MIDLAND PARK PL #A21
BIRACH KAREN
ASPEN, CO 81611-2414
122 MIDLAND PARK PL
HAGEN CATHERINE ANNE
ASPEN, CO 81611
210 MIDLAND PARK PL
HOUBEN CYNTHIA MICHELE
ASPEN, CO 81612
PO BOX 9616
WINKLER JILL C
ASPEN, CO 81611
212 MIDLAND PARK PL
HUMPHREY JESS
ASPEN, CO 81612
PO BOX 1775
HANSEN BETH
ASPEN, CO 81612
PO BOX 1775
DODINGTON SUSAN M
ASPEN, CO 81611
221 MIDLAND PARK PL
SPONAR ANTON K & JUDY
ASPEN, CO 81611-2486
222 MIDLAND PARK PL
BESTIC JEFFREY B
ASPEN, CO 81611
PO BOX 2267
FUENTES DAVID & KATHARINE D
ASPEN, CO 81611
302 MIDLAND PARK PL
HIGGINS PAUL
ASPEN, CO 81611
303 MIDLAND PARK PL #C-3
KOCH KATHRYN S & JOHN F
ASPEN, CO 81611
304 MIDLAND PARK PL C-4
MCPHEE JAMES MICHAEL & ANNE MARIE
ASPEN, CO 81611
401 MIDLAND PARK PL
FORNELL PETER J
ASPEN, CO 81611
402 MIDLAND PARK PL
MACCRACKEN SCOTT R & MARISA POST
ASPEN, CO 81611
403 MIDLAND PARK PL #D3
CHAUNER RONALD & JACKIE
ASPEN, CO 81612
PO BOX 8782
KOLBERG JUDITH A
ASPEN, CO 81611
501 MIDLAND PARK PL
SMITH DONALD NELSON
ASPEN, CO 81611
501 MIDLAND PARK PL
CUNNINGHAM PAMELA M
ASPEN, CO 81611
502 MIDLAND PARK PL
WELDEN TODD E & DEBORAH C
ASPEN, CO 81611
503 MIDLAND PARK PL #E3
GRIFFITHS THOMAS W
ASPEN, CO 81611
504 MIDLAND PARK PL
BAKKEN JOHN & LIZA N
ASPEN, CO 81612
PO BOX 12064
BLOMQUIST JENIFER L
ASPEN, CO 81612
PO BOX 12155
PERLEY PAUL S
ASPEN, CO 81612
PO BOX 12155
NICHOLS SCOTT A
ASPEN, CO 81612
PO BOX 3035
BIRRFELDER BRIGITTE T
ASPEN, CO 81612
PO BOX 3035
STEIN DEBORAH
ASPEN, CO 81611
710 MIDLAND PARK PL
JEFFERSON GREG
ASPEN, CO 81611
711 MIDLAND PARK PL
GLEASON AMY
ASPEN, CO 81611
712 MIDLAND PARK PL
EVERETTE JOHN
ASPEN, CO 81611
712 MIDLAND PARK PL
JOHNSON SHAEL
ASPEN, CO 81612
PO BOX 3549
WEBSTER DAVID H
ASPEN, CO 81612
PO BOX 10362
CALK LAURA E
ASPEN, CO 81611-2472
722 MIDLAND PARK PL
WILLCOX DENNIS
ASPEN, CO 81611
722 MIDLAND PARK PL
PATTEN DAVID N
ASPEN, CO 81611
810 MIDLAND PARK PL
LEVIN AMY
ASPEN, CO 81611
811 MIDLAND PARK PL #H11
HECK JAMES C
ASPEN, CO 81612
PO BOX 8416
SEMPLE SASHA L
ASPEN, CO 81611
601 E HYMAN AVE
GRAHAM MARGOT
ASPEN, CO 81612
PO BOX 2254
WERTZ LIMOR
ASPEN, CO 81612
PO BOX 9227
HOLLINGER JONATHAN
ASPEN, CO 81611
403 PARK AVE #3
MCLAUGHLIN KEVIN
ASPEN, CO 81611
403 PARK AVE #4
HENDRICKS LYNDELL B
ASPEN, CO 81612
PO BOX 11152
BALLOU JONATHAN
ASPEN, CO 81611
403 PARK AVE #6
HELBING ATHENA
ASPEN, CO 81611
403 PARK AVE #6
MCINTYRE GEOFF & LEE AMORY
ASPEN, CO 81611
403 PARK AVE #7
BURGESS HILARY
ASPEN, CO 81611
1020 E COOPER AVE
KURNOS TIMOTHY A
ASPEN, CO 81611
403 PARK AVE #9
MCKNIGHT SPENCER
ASPEN, CO 81611
403 PARK AVE #10
MCPHERSON GREGORY J
ASPEN, CO 81612
PO BOX 2073
HACH STEPHEN C
ASPEN, CO 81611
23 SMUGGLER GROVE RD
AMES MARTHA E
ASPEN, CO 81611
23 SMUGGLER GROVE RD
PHILLIPS JESSICA
ASPEN, CO 81611
407 PARK AVE #A
VANGARDEREN TEJAY
ASPEN, CO 81611
407 PARK AVE #A
LOWE SARA M & CORY J
ASPEN, CO 81611
407 PARK AVE #B
FEINSTEIN JEROME FAM TRUST
LONGBOAT KEY, FL 34228
1211 GULF OF MEXICO DR #901
KROMELOW BASIL M & LAUREANNE L
CHICAGO, IL 60610
55 W DELAWARE PL
LEE JONATHAN O TRUST
BROOKLINE, MA 02445
35 FISHER AVE
LEE BARBARA C TRUST
BROOKLINE, MA 02445
35 FISHER AVE
TERKUN MARK
ASPEN, CO 81612
PO BOX 329
HITCHCOCK SAMANTHA
ASPEN, CO 81612
PO BOX 329
ASPEN VIEW CONDO ASSOC
ASPEN, CO 81611
326 MIDLAND AVE
TAILINGS CONDO ASSOC
ASPEN, CO 81611
424 PARK CIR
315-317 PARK AVE CONDO ASSOC
ASPEN, CO 81611
COMMON AREA
315 PARK AVE
328 PARK/327 MIDLAND CONDO ASSOC
ASPEN, CO 81611
COMMON AREA
328 PARK AVE
MIDLAND PARK PLACE CONDO ASSOC
ASPEN, CO 81611
COMMON AREA
112 MIDLAND PARK PL
JACOBIE CONDO ASSOC
ASPEN, CO 81611
COMMON AREA
PARK CIR
SMUGGLER GROVE CONDO ASSOC
ASPEN, CO 81611
COMMON AREA
23 SMUGGLER RD
MARTHINSSON NOSTDAHL CONDO ASSOC
ASPEN, CO 81611
403 PARK AVE
PARK AVENUE CONDO ASSOC
ASPEN, CO 81611
COMMON AREA
102 PARK AVE
PARK AVENUE TOWNHOMES CONDO ASSOC
ASPEN, CO 81611
407 PARK AVE UNIT A
EPSTEN BRADFORD M QPR TRUST
KANSAS CITY, MO 641122757
5038 WALNUT ST
EPSTEN VIRGINIA H QPR TRUST
KANSAS CITY, MO 64113
1030 W 66TH TERRACE
MOONEY TIMOTHY
ASPEN, CO 81612
PO BOX 8931
DP ASPEN LLC
SYOSSET, NY 11791
300 ROBBINS LN
GOODMAN DREW I
GREENWOOD VILLAGE, CO 80121-1336
5721 GREEN OAKS DR
SUNIER ALAIN
BRONXVILLE, NY 10708
29 VILLAGE LN
SHERIDAN MARGARET
BRONXVILLE, NY 10708
29 VILLAGE LN
165 PARK CIRCLE CONDO
ASPEN, CO 81611
COMMON AREA
DESIGN CORPS
ALIUS
DESIGN CORPS
ALIUS
331-338 MIDLAND AVENUE ASPEN, COASPEN HILLSMTE
1614
ISSUE
PROJECT No:
DRAWN BY:
DRAWING SET
COPYRIGHT 2016 ALIUS DESIGN
CORPS LLC. ALL RIGHTS RESERVED
TITLE SHEET
1.1
NOT FOR CONSTRUCTION
9/30/2016EXISTING CONDITIONS
ASPEN HILLS
EXISTING CONDITIONS
DESIGN CORPS
ALIUS
DESIGN CORPS
ALIUS
331-338 MIDLAND AVENUE ASPEN, COASPEN HILLSMTE
1614
ISSUE
PROJECT No:
DRAWN BY:
DRAWING SET
COPYRIGHT 2016 ALIUS DESIGN
CORPS LLC. ALL RIGHTS RESERVED
GENERAL INFORMATION
1.2
NOT FOR CONSTRUCTION
9/30/2016EXISTING CONDITIONS
1. The Contract Documents include: (1) general notes; (2) architectural, mechanical, and structural drawings. All additional specifications, details, drawings,
clarifications, or changes shall automatically become part of the Contract Documents. Any discrepancy between any components of any of the drawings shall
be reported to the Architect immediately for clarification.
2.Alius Design Corps, LLC, shall not be liable in any way for problems which arise from failure, by any third party or any party to this Contract, to follow the
design plans. The Contractor shall obtain and/or request guidance of Alius Design Corp., with respect to any errors, omissions, inconsistencies, or conflicts or
unclear information which may be discovered or alleged.
3.The Plans and Specifications are the intellectual and other property of the Architect and shall not beused without the permission of same.
4.All work shall comply with all state and local codes, ordinances, rules, regulations and laws of building officials or authorities having jurisdiction. All work shall
be performed to the highest standards or craftsmanship by all tradesman. Alius Design Corps, LLC., shall not be responsible for overseeing third party work,
nor shall Alius Design Corps, LLC., be liable for any errors or omissions of third parties who perform work on the Project.
5.The Contract Documents represent the finished structure. They do not indicate the method of construction. The Contractor shall provide all measures
necessary to protect the structure during construction. Observation visits to the site by the Structural Engineer or Architect shall not include inspection of the
____________, nor will the architect or structural engineer be responsible for the contractor's means, methods, techniques, sequences for procedure of
construction, or the safety precautions and the techniques, sequences for procedure of construction, or any safety precautions. The Contractor and not the
Architect shall be responsible for all Federal and OSHA regulations.
6.THE DRAWINGS ARE NOT TO BE SCALED. Written dimensions must be used. In the event of a discrepancy in dimensions, the Architect should be timely
notified for clarification. All dimensions on the drawings shall be verified against the existing conditions. All dimensions are to rough framing or face of
concrete unless noted otherwise.
7.The Construction Documents are intended to include all labor, materials, equipment, and services required to complete all work described herein. It is the
responsibility of the Contractor to bring to the attention of the Architect any conditions which will not permit construction according to these Construction
Documents.
8.The Building Inspector shall be notified by the Contractor if there is need of an inspection as required by the I.R.C., or by any local code or ordinance.
9.LOT STAKED: The Contractor shall arrange for the building to be located and staked after demolition or site clearing, to be approved by the Architect. The
Contractor shall review the lot staking and verify, to the best of his ability, its accuracy. The Contractor shall also check the grade where it meets the building
to evaluate the consistency with the drawings during excavation. All work to be done by a certified surveyor.
10.RECORD DRAWINGS: Contractor shall maintain a complete set of blue/black-line prints of contract drawings and shop drawings for record mark-up purposes
throughout the Contract time. Mark-up drawings during course of the work shall show changes and actual installation conditions, sufficient to form a complete
record for Owner's purposes.
11.SOILS AND CONCRETE: The General Contractor shall arrange for a visual site inspection at the completion of excavation by a soils engineer, and the
required concrete testing prior to any foundation work.
12.Property lines, utilities and topography shown is representative of information taken from a survey. Contractor shall notify Architect of any discrepancy or
variation between the Drawings and actual site conditions.
ABREVIATIONS
A.F.F. ABOVE FINISH FLOOR
ADJ. ADJUSTABLE
ALT. ALTERNATE
A.B. ANCHOR BOLTS
& AND
ARCH. ARCHITECTURAL
@ AT
BM. BEAM
BM. PKT. BEAM POCKET
BRG. BEARING
BLK’G. BLOCKING
BOT. BOTTOM
BLDG. BUILDING
B.O. BY OWNER
CLG. CEILING
CL.CENTER LINE
CLR. CLEAR
COL. COLUMN
CONC. CONCRETE
CONN. CONNECTION
CONT. CONTINUOUS
DTL. DETAILS
DWL. DOWEL
E.W. EACH WAY
ELEV. ELEVATION
EXISTG EXISTING
EXT. EXTERIOR
FLR. FLOOR
FTG. FOOTING
FND. FOUNDATION
GA. GAUGE
G.L. GLU-LAM
G.W.B.GYPSUM WALL BOARD
HORIZ. HORIZONTAL
INFO. INFORMATION
INSUL. INSULATION
JST. JOIST
N.I.C.NOT IN CONTRACT
O.C. ON CENTER
OPP. OPPOSITE
PERF. PERFORATED
PL. PLATE
PLY. PLYWOOD
PROP. LINE PROPERTY LINE
REINF. REINFORCEMENT
REQ. REQUIRED
REV. REVISED
SIM. SIMILAR
S.F. SQUARE FEET
STD. STANDARD
THK. THICK
T.P. TOP OF PLATE
T.L. TOP OF LEDGE
T.W. TOP OF WALL
TOT. TOTAL
TYP. TYPICAL
U.N.O.UNLESS NOTED UTHERWISE
V.I.F.VERIFY IN FIELD
033
LBB
CLIENT
BendonAdams
300 S. Spring Street #202
Aspen, CO 81611
970.925.2855
chris@bendonadams.com
ARCHITECT
Alius Design Corps
1331 East Sopris Creek Rd.
Basalt, CO 81611
719.331.9211
Michael@aliusdc.com
GENERAL RENOVATION NOTES
1.0 All existing conditions must be verified by the contractor in the field. Unknown and varied conditions may be found. Notify the structural engineer and/or architect of any
structural or architectural conditions found to vary from that indicated from the drawings. Design revisions may be required, and are to be expected as a process of remodel
work.
2.0 All new work, details, surfaces, or finishes shall match adjacent existing surfaces unless noted or directed otherwise by the owner or interior designer. Contractor to verify with
architect any conflict between existing and new conditions.
3.0 All electrical modifications and/or additions to be as directed by owner/lighting designer during construction. Contractor/lighting designer to verify electrical capacity and review
new designs or alterations with architect, prior to implementation.
4.0 All interior electrical fixtures, plumbing fixtures and trim, cabinet design, and other finishes to be at the directive of the owner or interior designer unless noted otherwise in the
drawings. Contractor to provide all necessary prep work for installation of any materials as required.
5.0 Structural engineering – if any modifications to the existing structural system are deemed necessary beyond these shown in the drawings, all existing conditions are to be verified
in the field by a registered structural engineer before proceeding. The architect will not be responsible for any structural modifications not verified or approved by a structural
engineer.
6.0 Contractor will verify and coordinate all openings through floors, ceilings, and walls with all architectural, structural, mechanical, plumbing, and electrical design and
construction.
ARCHITECTURAL
1.1
1.2
1.3
1.4
2.1
SURVEY
3.1
3.2
3.3
4.1
4.2
5.1
6.1
6.2
6.3
TITLE SHEET
GENERAL INFORMATION
FLOOR AREA CALCULATIONS
NET LIVABLE CALCULATIONS
SITE PLAN
1/4” LOWER LEVEL PLAN
1/4” MAIN LEVEL PLAN
1/4” ROOF PLAN
1/4“ ELEVATIONS
1/4“ ELEVATIONS
¼” BUILDING SECTIONS
SITE PHOTOS
SITE PHOTOS
SITE PHOTOS
5.1A
PROJECT LOCATION
ASPEN HILLS
REFERENCE GRID LINE
SPOT ELEVATION
WINDOW MARK
DOOR MARK
ROOM NUMBER
DRAWING REVISION
ASSEMBLY DETAIL CUT
SECTION CUT
EXTERIOR ELEVATION
DETAIL CALLOUT
INTERIOR ELEVATION
ROOM
100
F11
1
T. O. RIDGE
BEAM
123'-6 1/2"
4.4
1
1
7.1
8.1
1
2
3
4
VICINITY MAP
SYMBOL & MATERIAL LEGEND DRAWING INDEX
PROJECT DIRECTORY
CONSTRUCTION NOTES
ABBREVIATIONS
EXISTING CONDITIONS 09/30/2016GENERAL NOTES
8
DESIGN CORPS
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331-338 MIDLAND AVENUE ASPEN, COASPEN HILLSMTE
1614
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FLOOR AREA CALCULATIONS
1.3
NOT FOR CONSTRUCTION
9/30/2016EXISTING CONDITIONS
12 sq ft 12 sq ft 12 sq ft
12 sq ft
46 sq ft 48 sq ft
48 sq ft
48 sq ft
48 sq ft
47 sq ft
47 sq ft
405 sq ft
406 sq ft
402 sq ft
403 sq ft
402 sq ft
403 sq ft
408 sq ft
414 sq ft
1,754 sq ft deck
STORAGE AREA ABOVE
STAIR; TYP.
NO STORAGE HERE
UNIT 1
UNIT 2
UNIT 3
UNIT 4
UNIT 5
UNIT 6
UNIT 7
UNIT 8
454 sq ft
456 sq ft
450 sq ft
451 sq ft
450 sq ft
451 sq ft
462 sq ft
458 sq ft
UNIT 1
UNIT 2
UNIT 3
UNIT 4
UNIT 5
UNIT 6
UNIT 7
UNIT 8
787 TOTAL WALL AREA
412 TOTAL WALL AREA
787 TOTAL WALL AREA
334 sq ft
310 sq ft
313 sq ft
EAST WALL
FULLY BURIED
412 TOTAL WALL AREA
0 4'8'16'SCALE: 1/8" = 1'-0"1 MAIN LEVEL FLOOR AREA
0 4'8'16'SCALE: 1/8" = 1'-0"2 LOWER LEVEL AREA
LOT SIZE: 15,159 sq.ft.
ALLOWABLE FAR: 11,369 sq.ft.
FAR CALCULATIONS
LEVEL
MAIN
DECK
LOWER
TOTAL
GROSS
3,575
1,754
3,632
8,961
NET
3,575
49
1,416
5,040
NOTES
15% OF ALLOWABLE FAR = EXEMPT DECK AREA (.15*11,369)
39% OF LL WALLS EXPOSED (3,632*.39)
TOTAL
DESIGN CORPS
ALIUS
DESIGN CORPS
ALIUS
331-338 MIDLAND AVENUE ASPEN, COASPEN HILLSMTE
1614
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PROJECT No:
DRAWN BY:
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COPYRIGHT 2016 ALIUS DESIGN
CORPS LLC. ALL RIGHTS RESERVED
NET LEASABLE CALCULATIONS
1.4
NOT FOR CONSTRUCTION
9/30/2016EXISTING CONDITIONS
8 sq ft 8 sq ft 8 sq ft
12 sq ft
45 sq ft 45 sq ft
45 sq ft
45 sq ft
45 sq ft
45 sq ft
45 sq ft
382 sq ft
382 sq ft
382 sq ft
382 sq ft
382 sq ft
382 sq ft
389 sq ft
389 sq ft
UNIT 1
UNIT 2
UNIT 3
UNIT 4
UNIT 5
UNIT 6
UNIT 7
UNIT 8
425 sq ft 434 sq ft 434 sq ft 432 sq ft
425 sq ft 434 sq ft 434 sq ft 432 sq ftUNIT 1
UNIT 2
UNIT 3
UNIT 4
UNIT 5
UNIT 6
UNIT 7
UNIT 8
0 4'8'16'SCALE: 1/8" = 1'-0"1 MAIN LEVEL NET LIVABLE
0 4'8'16'SCALE: 1/8" = 1'-0"2 LOWER LEVEL NET LIVABLE
NET LIVABLE CALCULATIONS
MAIN LEVEL NLA : 3,385 sq.ft.
LOWEL LEVEL NLA : 3,450 sq.ft.
TOTAL PROJECT NLA : 6,835 sq.ft.
****36 sq.ft. of area found in exterior
storage areas are not addressed in the calculation
as their necessary allocation is unknown****
UNIT
UNIT 1
UNIT 2
UNIT 3
UNIT 4
UNIT 5
UNIT 6
UNIT 7
UNIT 8
852
807
861
861
861
861
866
866
NET LIVABLE CALCULATIONS
UNIT BREAKDOWN
DESIGN CORPS
ALIUS
DESIGN CORPS
ALIUS
331-338 MIDLAND AVENUE ASPEN, COASPEN HILLSMTE
1614
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PROJECT No:
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COPYRIGHT 2016 ALIUS DESIGN
CORPS LLC. ALL RIGHTS RESERVED
SITE PLAN
2.1
NOT FOR CONSTRUCTION
9/30/2016EXISTING CONDITIONS
SURVEY DEMONSTRATES
EXIST. NON-CONFORMITY
W/ BUILDING DIRECTLY ON
PROPERTY LINE BEYOND
5' SETBACK
LINE OF SETBACK
DESIGN CORPS
ALIUS
DESIGN CORPS
ALIUS
331-338 MIDLAND AVENUE ASPEN, COASPEN HILLSMTE
1614
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PROJECT No:
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LOWER LEVEL PLAN
3.1
NOT FOR CONSTRUCTION
9/30/2016EXISTING CONDITIONS
A A
B B
2
2
1
1
UP
UP UPUP
UP
UP
UPUP
UNIT 1
UNIT 2
UNIT 3
UNIT 4
UNIT 5
UNIT 6
UNIT 7
UNIT 8
A5.1
A5.1
B5.1 B5.1
D5.2
24.1
14.1
24.1
14.2
0 2'4'8'SCALE: 1/4" = 1'-0"1 LOWER LEVEL PLAN
DESIGN CORPS
ALIUS
DESIGN CORPS
ALIUS
331-338 MIDLAND AVENUE ASPEN, COASPEN HILLSMTE
1614
ISSUE
PROJECT No:
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COPYRIGHT 2016 ALIUS DESIGN
CORPS LLC. ALL RIGHTS RESERVED
MAIN LEVEL PLAN
3.2
NOT FOR CONSTRUCTION
9/30/2016EXISTING CONDITIONS
A A
B B
2
2
1
139'-3"92'-8"
A5.1
A5.1
B5.1 B5.1
D5.2
24.1
14.1
24.1
14.2
STORAGE ABOVE
STAIRS TYP.
UNIT 1
LIVING ROOM
KITCHEN
DN
DN
KITCHEN
DN
DN
KITCHEN
DN
DN
KITCHEN
DN
DN
UNIT 2
UNIT 3
UNIT 4
UNIT 5
UNIT 6
UNIT 7
UNIT 8
DECK
DECK
DECK
0 2'4'8'SCALE: 1/4" = 1'-0"1 MAIN LEVEL PLAN
DESIGN CORPS
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DESIGN CORPS
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331-338 MIDLAND AVENUE ASPEN, COASPEN HILLSMTE
1614
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ROOF PLAN
3.4
NOT FOR CONSTRUCTION
9/30/2016EXISTING CONDITIONS
A A
B B
2
2
1
1
A5.1
A5.1
B5.1 B5.1
D5.2
1:12 1:12
1:12 1:12
0 2'4'8'SCALE: 1/4" = 1'-0"1 ROOF PLAN
DESIGN CORPS
ALIUS
DESIGN CORPS
ALIUS
331-338 MIDLAND AVENUE ASPEN, COASPEN HILLSMTE
1614
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NORTH &SOUTH ELEVATIONS
4.1
NOT FOR CONSTRUCTION
9/30/2016EXISTING CONDITIONS
2 1
89'-0"
LOWER LEVEL
100'-0"
MAIN LEVEL
108'-0"
UPPER LEVEL
LINE ASSUMED GRADE
LINE OF GRADE
LINE OF WINDOW BEYOND
LOWER LEVEL WALL
BEYOND
HATCHED AREA
OF EXPOSED LL WALLS;
SEE SHEET 1.3
1 2
89'-0"
LOWER LEVEL
100'-0"
MAIN LEVEL
108'-0"
UPPER LEVEL
LINE OF GRADE
LINE OF WINDOW BEYOND
LOWER LEVEL WALL
BEYOND
SLOPED GRADE
BEYOND
GRADE @ SIDEWALK
HATCHED AREA
OF EXPOSED LL WALLS;
SEE SHEET 1.3
0 2'4'8'SCALE: 1/4" = 1'-0"1 NORTH ELEVATION
0 2'4'8'SCALE: 1/4" = 1'-0"2 SOUTH ELEVATION
DESIGN CORPS
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DESIGN CORPS
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331-338 MIDLAND AVENUE ASPEN, COASPEN HILLSMTE
1614
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EAST & WEST ELEVATIONS
4.2
NOT FOR CONSTRUCTION
9/30/2016EXISTING CONDITIONS
A B
89'-0"
LOWER LEVEL
89'-0"
LOWER LEVEL
100'-0"
MAIN LEVEL
100'-0"
MAIN LEVEL
108'-0"
UPPER LEVEL
108'-0"
UPPER LEVEL
LINE ASSUMED GRADE
HATCHED AREA
OF EXPOSED LL WALLS;
SEE SHEET 1.3
B A
89'-0"
LOWER LEVEL
89'-0"
LOWER LEVEL
100'-0"
MAIN LEVEL
100'-0"
MAIN LEVEL
108'-0"
UPPER LEVEL
108'-0"
UPPER LEVEL
LINE ASSUMED GRADE
0 2'4'8'SCALE: 1/4" = 1'-0"1 WEST ELEVATION
0 2'4'8'SCALE: 1/4" = 1'-0"2 EAST ELEVATION
DESIGN CORPS
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DESIGN CORPS
ALIUS
331-338 MIDLAND AVENUE ASPEN, COASPEN HILLSMTE
1614
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SECTIONS
5.1
NOT FOR CONSTRUCTION
9/30/2016EXISTING CONDITIONS
1 2
89'-0"
LOWER LEVEL
100'-0"
MAIN LEVEL
108'-0"
UPPER LEVEL
B A
89'-0"
LOWER LEVEL
89'-0"
LOWER LEVEL
100'-0"
MAIN LEVEL
100'-0"
MAIN LEVEL
108'-0"
UPPER LEVEL
108'-0"
UPPER LEVEL
0 2'4'8'SCALE: 1/4" = 1'-0"B SECTION 'B'
0 2'4'8'SCALE: 1/4" = 1'-0"A SECTION 'A'
DESIGN CORPS
ALIUS
DESIGN CORPS
ALIUS
331-338 MIDLAND AVENUE ASPEN, COASPEN HILLSMTE
1614
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PROJECT No:
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SITE PHOTOS
6.1
NOT FOR CONSTRUCTION
9/30/2016EXISTING CONDITIONS
DESIGN CORPS
ALIUS
DESIGN CORPS
ALIUS
331-338 MIDLAND AVENUE ASPEN, COASPEN HILLSMTE
1614
ISSUE
PROJECT No:
DRAWN BY:
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CORPS LLC. ALL RIGHTS RESERVED
SITE PHOTOS
6.2
NOT FOR CONSTRUCTION
9/30/2016EXISTING CONDITIONS
DESIGN CORPS
ALIUS
DESIGN CORPS
ALIUS
331-338 MIDLAND AVENUE ASPEN, COASPEN HILLSMTE
1614
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PROJECT No:
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SITE PHOTOS
6.3
NOT FOR CONSTRUCTION
9/30/2016EXISTING CONDITIONS
October 19th 2016
Bill Boehringer
Chief Executive Officer
WEB2 Capital LLC, a Colorado limited liability company
PO Box 3807
Aspen, CO 81612
(917) 977.0541
WilliamB@WEBCapLLC.com
Energy Audit of the Aspen Hills Building
160 Midland Avenue
Aspen, CO 81611
This applies to all units, unless noted otherwise:
Approximately 854 square feet
Approximately 7686 cubic feet
Manual thermostats
Two big skylites of varying size and quality
All fixtures have high flow rates. All toilets are at least 1.6 gallons per flush.
Individual Unit Assessments:
Unit 331:
Glazing
Sliding glass door medium emissivity
Front door clear glass
Side windows low emissivity
Lighting CFL 200 w
Appliances all newish
Infiltration rate 3200 CFM50 X 60 / 7686 cf = 25 ACH50
Notes
One bedroom
Programmable thermostat
Electric in-floor heat in bed and bath
Wood burning fireplace
This unit uses the most electricity of all the units; almost double the average.
Possibly because of a very high infiltration rate and the electrically heated floor.
The electric mat floor is installed on a concrete slab that (almost certainly) has no
insulation under or around it.
Unit 332:
Glazing clear glass
Lighting CFL 200 w
Appliances all newish
Notes
Air conditioning window unit, reportedly seldom used
No skylites
Unit 333:
Glazing
Front door high emissivity
Windows, upstairs clear glass
Windows, downstairs low emissivity
Lighting incandescent 300 w
Appliances replace
Infiltration rate 1960 CFM50 X 60 / 7686 cf = 15 ACH50
Notes
Bath fan damper not working
Unit 334:
Glazing clear glass
Lighting incandescent 750 w
Appliances replace
Notes
Air conditioning window unit
Unit 335:
Glazing low emissivity
Lighting halogen 350 w
Appliances borderline
Infiltration rate 1700 CFM50 X 60 / 7686 cf = 13 ACH50
Unit 336:
Glazing low emissivity
Lighting halogen 750 w
Appliances borderline
Notes
One bedroom
Electric in-floor heat bath
Unit 337:
Glazing low emissivity
Lighting halogen 750 w
Appliances
Refrigerator borderline
Dishwasher borderline
Clothes washer replace
Clothes dryer replace
Notes
Programmable thermostat
Gas fireplace appliance, separately metered from gas used for common heat
Unit 338:
Glazing high emissivity or clear glass
Lighting mixed 250 w
Appliances borderline
Notes
Mechanical room:
Two 95% AFUE Triangle Tube boilers
Two hot water storage tanks
Water recirculation line with timer
Notes
Abandoned combustion air intake ducts stuffed with batt insulation
Utilities:
Electric; Holy Cross
High kWh Low kWh Average kWh
Association meter 1,800 170 630
331 660 380 475
332 360 315 335
333 500 210 395
334 405 195 260
335 320 230 290
336 470 190 260
337 620 310 405
338 380 150 260
Totals 5,515 2,150 3,310
Water; City of Aspen
Billing for each unit is included in the HOA dues, however, the average water bill for the
building is approximately $2040 annually, or $21 per unit per month.
Gas
Costs for the complex varied from $122 -$547 per month in 2015.
Recommendations:
1. New high-efficacy lighting, starting with the units with the highest amount of
installed wattage.
2. New high-efficiency appliances, where indicated on individual unit assessments.
3. Install programmable thermostats.
4. Heat tape… if the association continues to use heat tape- be sure it is controlled
by a timer and/or thermostat. Heat tape uses about 7 watts per foot, which can
really add up.
5. Undergo air sealing measures; the units are leaking two to eight times more air
than recommended. Air sealing has the potential to save more gas than any
other measure. Typical air leakage sites include; ceiling beams, ceiling, top plate,
outlets, windows and doors. See photos later in report. If the infiltration rate is
significantly reduced, then install high-quality bathroom exhaust fans, controlled
by a wall switch with built in hygrometer and timer. Exhaust to outdoors with
damper.
6. Replace windows listed as clear glass and high emissivity.
7. Install solar PV on southern half of roof.
8. A new roof; remove all skylites, remove heat tape, add additional rigid insulation.
Possibly install TDDs (Tubular Daylighting Devices) through roof near ridge.
9. Mechanical room; Insulate all of the hot water pipes that can be reached. Install
an insulated hatch cover. Remove the abandoned combustion air intake ducts
and fill the hole with an insulated plug. Seal passageways that lead into units.
10. Install low-flow faucet aerators, shower heads and toilets.
Typical air infiltration points:
These infrared images were taken at a time when inside and outside temperatures were
not much different, so air leaks are more significant than they appear.
These IR images show the same condition from the inside and outside; a roof beam
penetrating the exterior wall to support the overhangs.
Air leaks around the beam and at the top of wall are allowing air to move throughout
the tongue and groove ceiling. If the air cannot be stopped at the wall, it may be
necessary to drywall over the tongue and groove ceiling.
Basement level windows
Door thresholds
Holes in drywall
Map of units. The mechanical room is on the east, basement level, accessed by a hatch.
Insulation anomies:
A stud bay missing insulation in the lower floor of unit 332. I was unable to check every
wall because of sunlight. The image on the right is a basement wall- the interior insulation
seems to be compromised. Heat loss was evident outside the concrete basement wall.
No exterior insulation installed on basement walls.
Mark McLain
Architect & Sustainability Consultant
mark@confluencearchitecture.com
970-963-9720