What would you do if a judge ordered you to tear down your dream home?
That’s exactly what a family in Sioux Falls, South Dakota is facing following a cocktail of lawsuits, pride, and a breakdown of the system. The issue at hand is the 4 bedroom home Joseph and Sarah Sapienza built in the historical section of Sioux Falls. According to the lawsuit filed by neighbors, Pierce and Barbara McDowell, the home was too close to their home (by 7 feet) and blocked out their natural sunlight.
A judge ruled that the home violated historical regulations, agreeing with the McDowell’s that the home breaches height and space regulations along with disrupting the character of the neighborhood.
“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.”
– Circuit Court Judge John Pekas
Should any upcoming appeals fail, the Sapienzas will be forced to move and reduce the size of the home or tear it down altogether. It’s estimated value is $215,000.
Does the order to tear down your dream home seem a bit harsh?
Possibly. Although the city incorrectly approved the building plans, the homeowners were sent a cease and desist order by their neighbors. It promised legal action if they continued building outside the historical codes. The judge noted that the city may have been negligent in their duties.
Tear Down Your Dream Home: Our Take
According to 2014 statistics, the entire state of South Dakota has less than a million people living in it (that sounds kind of nice sometimes). You’d think they’d be happy that anyone wants to build a permanent home there.
All joking aside, there’s been a long standoff between historical district preservationists and homeowners. Many homeowners feel they should have the right to do whatever they want with their property. In fact, many do what they want, shrug their shoulders, and figure they’ll face a fine. Few believe the city would dare to go so far as force them into compliance with regulations.
So what do you think – is the historical look and character of a neighborhood worth preserving? Or, should homeowners have the right to build what they want on their property?
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