[youtube]https://www.youtube.com/watch?v=fxriLTLhyyY[/youtube]
I’m not sure how Judge Pekas will rule in the case, it’s complicated with several parties and facets involved, but if I had to rule, it would be simple.
The house is NOT up to code and needs to be altered, moved, or torn down. Allowing it to stay in its current condition would set a precedent for all historic neighborhood associations in Sioux Falls. I would also split the cost of bringing it up to code between the city and the family that built it, and their general contractor. I don’t believe the McDowells, the original architect or the historic board share any guilt.
In all fairness, it is really the city’s (building services department) fault for not inspecting and giving proper permits, but as homeowners you do share a certain responsibility to make sure things are done right. It’s not like the Sapienzas are a couple of twits, she works as a pediatric surgeon with a resume longer then the Book of Morman. Not sure what Mr. Sapienzas does, but he seems to be very knowledgeable in the ancient Asian art of Feng Shui. (I found it ironic, because he was concerned about northern negative energy. Want to bring on some negative energy? Piss off your neighbors.)
It’s unfortunate in this case that east coast elitism wasn’t against the law, because the Sapienzas would be spending time in prison. Claiming you are building your home based on a strange combination of Philly building codes and Asian architecture isn’t a real good defense in good old podunk Sioux Falls, South Dakota.
“Yo, Adrian! We should make the house a little taller so we don’t receive a left hook from Apollo Feng Shui.”
As for the look of the house, as an artist, I would say it would look fantastic sitting on an oversized prairie lot in the country. In the crowded historic neighborhood of McKennan Park, I will say it is too tall, and the color, egg salad yellow. Ick. Not sure if they use this saying in Philly, but ‘two pounds of shit in a one pound bag’ seems appropriate in this case.
I often tell people that just because someone is rich doesn’t mean they can buy class or taste. The Sapienzas proved that if anything in the trial. The next time our fine mayor has a press conference about ‘bad neighbors’ he needs to place the podium in front of their house, I couldn’t find a more fitting place.
This is a feud between two neighbors. Codes and the law are unenforceable. Government and the courts wrote themselves out of the picture long ago. The system was redesigned to keep you in litigation making lawyers rich and giving judges job security. I’ve been in this cycle. I carried my case to SD Supreme Court. Supposedly, I won but there was no satisfaction or legal precedence. I learned first hand to defend myself from all levels of government and the legal system.
The best solution is like the ‘Hatfields and McCoys’. They should shoot bottle rockets back and forth until both houses burn down.
The judge should make the house comply with the plans that were approved. Lower the house by 4 feet as the plans called for, but don’t change the slope of the roof or architectural plan that was approved. Move the house several feet to the south as originally intended to provide more separation between houses. Should also improve the feng shui. Direct that the exterior finishings of the house be redone according to the approval, meaning the house should have shingle-style siding. If all of that can’t be done – tough luck.
Compensate the McDowells for the loss of use of their fireplace and any other lost property value along with attorney fees.
I guess the fact that there is a Sanford doctor involved in the dispute would make this unbiased observer expect an outcome in favor of the Suburban Shitstack.
“The house is NOT up to code and needs to be altered, moved, or torn down.” Based on what, exactly? The parochial biases of Sioux Falls natives are not a legal basis for a ruling. Although that Easter Peep Yellow they’ve covered that house in is nearly criminal.
The preservation board issues advisory opinions. Nothing it does or says is legally binding. Same goes for federal rehab guidelines for historic districts. Advisory only. All the authority here rests with the city’s building services department, which as you’ve noted, may be run by monkeys. That said, the city says the home complies with the height requirement – what precisely one counts in measuring the height of a house is not mentioned in city ordinance and as such is a subjective matter that falls to city employees to interpret. Mike Cooper says the house complies. Is the court going to prescribe the mechanism by which a city needs to measure height? That’s a usurpation of legislative power that courts don’t usually like to engage in, and if the city can provide a rational basis for whatever method it uses, a court is almost certainly going to defer.
There’s no right-to-light law in South Dakota so the McDowells’ grumblings about not getting any sun are DOA. Any state laws would likely be irrelevant because of the home rule charter. The McDowells’ fireplace issue exists solely because *their* house is in violation of the now-standard five-foot side yard requirement and was grandfathered in. That doesn’t give them an implied easement on a neighboring property. The Sapienzas aren’t obligated to build eight feet from the property line to accommodate the McDowells’ nonconforming fireplace.
The McDowells have a litany of personal grievances, some of which understandably engender public sympathy. I’d be torked off if I were them. And maybe the Sapienzas are in fact jerks. But it comes down to what was shared in the first comment. Courts afford wide latitude to municipalities in terms of code enforcement. If the McDowells were that concerned, they should’ve bought the neighboring property themselves, or offered to pay the Sapienzas for an easement on their property that may have addressed some of their concerns.
The Sapienzas seem to have all the necessary permits and approvals and the city hasn’t once said that the home is not in compliance. In most cases, that’s game, set, and match right there.
Legerdemain #2, nothing can happen. There’s no remedy. City codes are written such that they can dictate but not enforce. The historical group is scary when they meet and dance with snakes but there’s no deed restrictions. When the homeowner gets tired of legal irritation, he/she can sell and repurchase to a trust for $1. Real estate transfers unencumbered as is with land and improvements.
What can happen is a lawsuit against the city of Sioux Falls. They’re bound by charter to look out for citizens. They wrote the unenforceable codes making they liable. It would be a SD Supreme Court case. State court has been looking for a way to circumvent the unconstitutional city charter. Not only is the neighbor damaged but property values for the whole area are affected. There’s potential for a class action.
IMHO, building a house like that in a such a neighborhood is just playing king of the hill. Look at me, I am a somebody. Sad fact, even if allowed to keep the house as is, the property value of the house won’t be near what it could be in an appropriate financially suited neighborhood. The property value will come down due to the impoverished dwellings surrounding it.
The snobs around McKennon Park don’t talk to each other anyway. Connecting their homes could be a good thing. No doubt there will not be new improvements. The prized properties will denegrate and become slum lord property like one block away from the park.
Note to rich people:
Huether and the fire chief want you to buy and build on their overpriced acreage 60 miles out of town.