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Commission splits on whether $45,000 fine is adequate for damage to historic resource
Summary
Commissioners voiced concern that a $45,000 settlement is insufficient on a multi-million-dollar project and discussed options including municipal-court penalties and deed restrictions; legal counsel explained the commission's limited authority under current code.
Several commissioners told the Aspen Historic Preservation Commission they were uncomfortable with the proposed $45,000 settlement for violations at 333 West Bleecker, calling the amount too small relative to the project's scale and warning about precedent.
One commissioner said simply, "I reject this," while others described $45,000 on a $12,000,000 project as "a pittance." Legal counsel reminded the commission that the enforcement tools available under the City of Aspen land use code are bounded; council-level code changes would be required to expand the commission's authority to mandate certifications or other penalties. Counsel also noted that municipal-court action and deed restrictions are possible alternatives if the commission rejects the settlement or if an agreement is not reached.
Commissioners asked staff to consider whether the settlement funds could be earmarked for staffing, monitoring, legal support or updates to guidelines. Staff confirmed a dedicated historic preservation account is being created to hold the current settlement and previously collected funds from a related case, and said uses would be preservation-specific.
