McKennan Park house to be torn down

Jonathan Ellis | Argus Leader

The owners of a home that is under court order to be removed from the McKennan Park Historic District have filed a permit to demolish the home with the city of Sioux Falls.

Josh and Sarah Sapienza were given until June 16 by Judge John Pekas to remove the home located at 1323 S. Second Ave. The Sapienzas lost a court battle with their neighbors, Barb and Pierce McDowell, who filed suit after the Sapienzas scraped an old home and then built a new one that towered above the McDowells’, blocking out sunlight and rendering a wood burning fireplace unusable.

The home, according to the Minnehaha County Equalization Department, is valued at $864,467.

More: McKennan Park home dispute: How we got here

Steve Johnson, a lawyer who has represented the McDowells during the three-year legal odyssey, said the outcome shows that the law and the courts work.

"I think the ultimate conclusion is finally, the litigation is over," Johnson said. "The long situation they've lived in is hopefully going to be corrected soon. It was worth doing, but it was a long tortuous process for them."

Neighbor conflict goes back three years

Jim Soukup, the owner of Soukup construction, confirmed that he had spoken to Jesse Deffenbaugh about the project. Deffenbaugh had been hired by the Sapienzas to try to correct the home. Soukup referred questions to Deffenbaugh. Deffenbaugh, the owner of Deffenbaugh Homes, did not immediately return a message Monday morning.

The Sapienzas hired Deffenbaugh to redraw plans that they had hoped would make the home compliant. Deffenbaugh’s plans called for reducing the home’s height by 8.5 feet to make it compliant with U.S. Interior Department guidelines that stipulate how high a structure can be in relation to neighboring structures in national historic districts. Deffenbaugh’s plans also included a cutout in the roof that would have enabled the McDowells to resume using their fireplace.

But the plans were rejected by the Sioux Falls Board of Historic Preservation last month. The board based its decision on other historic district standards that apply to the appropriate size and massing of structures.

In a court hearing that followed, Dick Travis, a lawyer who represented the Sapienzas, told Pekas that it would take longer than 30 days to move the home. Pekas asked the Sapienzas to coordinate with Minnehaha County Sheriff Mike Milstead.

Milstead said Monday that he could not confirm the couple's plans.

"We've had limited communication but certainly the county is keeping in touch with the involved attorneys," Milstead said.

McKennan Park House Dispute at Supreme Court A dispute among neighbors in the historic McKennan Park district has reached the South Dakota Supreme Court.

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