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Aspen historic commission accepts $45,000 settlement after finding altered historic framing at 333 West Bleecker
Summary
The Aspen Historic Preservation Commission voted to accept a $45,000 payment from the applicant tied to violations at 333 West Bleecker, keep a stop-work order in place until required documentation is filed, and direct the funds into a newly created historic preservation account for program uses.
The Aspen Historic Preservation Commission voted unanimously to accept an applicant offer of $45,000 to resolve penalties tied to construction work at 333 West Bleecker, after staff documented alterations to historic framing and issued a stop-work order.
City staff said the offer "equivalent to the bond that was previously returned on June 16" would be used for historic-preservation efforts if accepted, and recommended the commission accept the payment while keeping the stop-work order in place until an insubstantial amendment and change order are submitted. Staff summarized site visits and a timeline of events, noting inspections on June 6 and later visits on Sept. 26 and Oct. 7 that found historic studs, rafters and other framing that appeared to have been cut, rearranged or sistered into new framing.
Contractor Chris Madigan of Madigan and Company told the commission no framing materials were discarded and acknowledged a communication breakdown with monitors, saying the superintendent was "HPC-certified" and on-site but that the project team "should have been more proactive in seeking out and gaining the feedback from staff." Owner representative Derek Skelko said he would take a more active local role going forward.
Commissioners debated whether $45,000 is an adequate remedy on a project the contractor estimated at $12,000,000. One member called the amount "a pittance," and another said they "reject this" as insufficient; legal counsel and staff reminded the commission that city code limits what penalties can be imposed and that rejecting the settlement would leave open other enforcement options including municipal-court penalties or deed restrictions.
The motion to accept the staff-recommended resolution passed with recorded votes: Peter — yes; Roger — yes; Barb — yes; Dakota — yes; Kim — yes; Cara — yes. Staff said the payment and prior funds from a related matter will be placed into a newly established historic preservation account to fund design guidelines updates, training and monitoring. The stop-work order will remain in effect until the applicant files the required insubstantial amendment and change order.
