Judge: McKennan Park 'monster house' must be rebuilt or moved
The owners of a new home in McKennan Park that sparked a bitter neighborhood feud must reduce its height and size or relocate the home to comply with historic building standards, a judge has ruled.
Circuit Court Judge John Pekas ruled that the home built by Joseph and Sarah Sapienza violated historic standards for height and massing. Pekas also ruled that the city of Sioux Falls, which approved the home but failed to apply federal standards for historic districts, may also have been negligent.
“The court finds that a reasonable fact finder could conclude that the Sapienzas have violated historic requirements in the McKennan Park Historic District, which disrupts the character of the neighborhood and does not fit the size and space requirements under current regulations,” Pekas wrote.
Pierce and Barbara McDowell, who own the home just north of the Sapienzas’ house, filed suit in 2015 after the new home was built within 7 feet of their home. The new house towered above the McDowells’ home, blocking out sunlight.
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. Pekas ruled that the value of the McDowells’ home suffered irreparable harm because it lost value and its historic context undermined by the new home.
The decision, if it stands, would require the Sapienzas to reduce the height of their home by more than 8 feet. They would also have to relocate the home so that the McDowells could use their fireplace.
“The house undermines the entire historic district,” Pekas wrote. “A monetary award would not remedy this and the Sapienzas ought to conform their residence or rebuild their residence.”
Steve Johnson, a lawyer who represented the McDowells, called it a “well-reasoned decision.”
The Sapienzas, Johnson said, did not perform due diligence, and their contractor, Richard Sorum, admitted during the trial that he was unaware of the additional standards that come with building homes in a historic district. Those federal Interior Department rules require that now construction be compatible with surrounding historic buildings, not dominate the surrounding historic landscape and also not exceed a standard variance of 10 percent of the average height of the historic buildings.
Johnson sent the Sapienzas a letter on May 8, 2015 after the McDowells learned they couldn’t use their fireplace. The letter requested them to cease and desist from building any further.
“Should you choose to continue to pursue construction at 1323 S. Second Ave., you will be doing so at your own risk as we intend to file legal action and pursue all remedies available at law,” the letter said.
Johnson said that the letter was ignored by the Sapienzas and their contractor.
“They just blindly went forward with building this thing without any regard to anyone but themselves,” Johnson said.
Dick Travis, a lawyer who represented the Sapienzas, did not immediately return a message. Nor did Sorum.
It wasn’t just the Sapienzas and their contractor who were unaware of the historic building standards. During a trial earlier this year, city staff and members of the Sioux Falls Board of Historic Preservation testified they weren’t aware of the rules. Pekas ruled that the McDowells might have a cause of action against the city, but because he granted an injunction against the Sapienzas, the negligence claim against the city was set aside.
“It is evident in this case that the city owes a duty to the McDowells, just like it owes a duty to anyone else who would be negatively affected by the issuance of a building permit that would violate zoning and construction regulations,” Pekas wrote.
Previously
March 26, 2015: Family sees historic district 'dream home' as nightmare
May 15, 2015: City says it's caught in middle of 'McMansion' lawsuit
June 18, 2015: McKennan Park neighbors' dispute headed to court
Sept. 4, 2015: Lawsuit over McKennan Park home heads to judge
Sept. 15, 2015: Judge: No early decision in McKennan home case
June 29, 2016: McKennan house dispute: 'Feng shui' prevented driveway on north side
June 30, 2016: Designer reported controversial McKennan Park house to city
July 1, 2016: McKennan Park home dispute up to judge, now
July 1, 2016: Whitney: No winners in 'monster house' trial
Sept. 29, 2016:Final arguments made in McKennan Park house dispute