SIOUX FALLS, S.D. (AP) - A circuit judge has ruled that a big home that sparked a dispute in a historic Sioux Falls neighborhood has to get smaller or be relocated.
Judge John Pekas ruled last week that the home built by Joseph and Sarah Sapienza violated historic standards for height and size.
The Argus Leader reports (https://argusne.ws/2hxXjCC) that the judge also ruled that the city may have been negligent for failing to apply federal standards for historic districts.
Pierce and Barbara McDowell, who own the home just north of the Sapienzas’ house, sued in 2015 after the new home was built within 7 feet of their place. The new house towered above the McDowells’ home, blocking out sunlight.
The McDowells also said a fire inspector told them they could no longer use their fireplace because it was within 10 feet of the Sapienza home. Pekas ruled that the value of the McDowell home suffered irreparable harm.
An attorney for the Sapienzas didn’t respond to a request for comment.
Pekas’ decision would require the Sapienzas to reduce the height of their home by 8 feet so the McDowells can 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.”
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Information from: Argus Leader, https://www.argusleader.com
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