Supreme Court: ‘Monster house’ in McKennan must meet historical standards

The owners of a recently built McKennan Park house must take action to match historical standards of the neighborhood, the South Dakota Supreme Court ruled Thursday.

The unanimous ruling partially upholds a circuit court decision in 2016 from Judge John Pekas, who determined the gargantuan house violated rules for newly built homes in the McKennan Park neighborhood.

The house’s owners, Joseph and Sarah Sapienza, sparked the ire of their neighbors, who eventually sued because of the size and proximity of the structure.

Pierce and Barbara McDowell, who owned the home that eventually fell under the shadow of their next-door neighbor, filed suit in 2015 against the Sapienzas and the city of Sioux Falls.

The Supreme Court's ruling, which will be finalized in 20 days, will force the Sapienzas to act, said Steve Johnson, an attorney for the McDowells.

"They would have to redesign their house, retool it, reconstruct it and get it approved by the historical board," Johnson said. "That’s essentially what would have to happen. Or the home could be removed, which obviously seems like the only reasonable alternative."

Attorneys for the Sapienzas did not immediately return requests for comment.

The Sapienzas appealed to the state’s highest court after Pekas upheld the concerns of their neighbors and determined the house must be rebuilt to conform with rules set for historical districts such as the McKennan Park neighborhood.

"Testimony at trial established that the average height of relevant historic buildings in McKennan Park was 32.84 feet; that under the regulation, new construction was therefore limited to 36.08 feet; and that the highest point of Sapienzas’ home was 44.50 feet," according to court records.

The Sapienzas argued that the local court abused its discretion in granting the injunction. The opinion from Supreme Court Judge Steven L. Zinter disagrees with the couple’s assertion. The court, however, overturned the decision by Pekas that the City "owed a duty to McDowells" because of its interpretation of setback requirements and the proximity of the Sapienzas’ chimney to the neighboring house.

During construction, the McDowells learned from a fire inspector that they could no longer use a wood burning fireplace because it was within 10 feet of the Sapienza house. 

Johnson said the city's role in the whole situation was not a major issue.

"My client wanted the house made compliant or removed," Johnson said.

He believes the Supreme Court's decision will have an effect that stretches beyond the McKennan Park house. It will have wide-ranging implications for other home builders who work in neighborhoods like McKennan, affecting how contractors approach projects in historical districts across South Dakota, Johnson said.

"It will be a guidepost for contractors," Johnson said. "It will be a guidepost for architects, It will be a guidepost for the city and it will be a guidepost for homeowners.”

McKennan House dispute timeline

Early 2014: Joseph and Sarah Sapienza buy the house at 1323 S. Second Ave., located in Sioux Falls’ McKennan Park Historic District. The couple originally intended to renovate the home, according to court documents. TheSapienzas hire architect BobNatz to design a new home for the lot. Natz’s design firm has “experience in historic districts,” according to court documents.

May, 2014: After firing Natz due to disagreements, theSapienzas submit his plans to the Sioux Falls Board of Historic Preservation. They tell the board the newly built house will be bigger than the previous home. The board agrees demolishing the site’s former house doesn’t adversely affect the historic district, and grants the same permission to the Sapeinzas’ plans for a new house. TheSapienzas hire Sorum Construction to finish the design and build the house. The company was not experienced in historic districts. Sorum obtains a building permit from City Hall after submitting plans showing the house will comply with height and setback rules.

October 14, 2014: Construction begins. As it continues, next-door neighbors Pierce and Barbara McDowell become increasingly concerned about the size and proximity—the new house is just seven feet from the McDowells’ home and significantly taller.

March 2015: Joseph “Josh” Sapienza tells Argus Leader Media: “Maintaining a little bit of individuality and variety becomes a little bit of a challenge when you want to also respect the integrity of what exists there originally.”

May 4, 2015: the McDowells ask for an inspection of their chimney and are told they can no longer use their fireplace because the eaves of the new houseis 10 feet above their chimney’s opening. Using the fireplace would violate city rules.

Four days later, the McDowells send the Sapienzas a cease and desist letter, asserting that the house broke city size restrictions.

May 15, 2015: the McDowells file suit against theSapienzas, and also against the city for negligence because of the issued building permit.

Dec. 28, 2016: Circuit Court Judge John Pekas rules the Sapienzas’ newly built house violates historic standards. TheSapienzas later appeal the decision to the state Supreme Court and a date is set for a hearing in the fall of 2017.

Oct. 3, 2017: In the Supreme Court hearing, a lawyer for theSapienzas argues that his clients followed the rules before building their home, including getting approval from the city’s historic preservation board, obtaining a building permit and passing building inspections.

Jan 4, 2018: the South Dakota Supreme Court unanimously holds up Pekas’ decision that the Sapienzas’ home must conform with size restrictions of the McKennan Park Historic District.

-Argus Leader reporter Jonathan Ellis contributed to this story