SIOUX FALLS, S.D. (AP) - Neighbors who live next to a house under construction in the historic McKennan Park district have filed a lawsuit against the dwelling’s owners and the city of Sioux Falls.
The Argus Leader reports (https://argusne.ws/1K9iGWN ) that a lawsuit by Pierce and Barbara McDowell says the new house is too close, too tall and negatively impacts use of their own property.
Steve Johnson, a lawyer representing the McDowells, says the city informed the couple last week that they could no longer use their fireplace because the houses are only seven feet apart. The city has an ordinance that prohibits the use of a fireplace if another home is within 10 feet, he said.
Joseph Sapienza and Sarah Sapienza are building the new two-story, 5,000-square-foot home. The Sapienzas did not return a phone call requesting comment from the newspaper.
The McDowells are asking for a permanent injunction to stop further construction at the Sapienza residence until it is in compliance with the city ordinances and code. The lawsuit also seeks punitive and compensatory damages of an unspecified amount.
The city is negligent because it issued a building permit that permitted construction of a residence that violated zoning restrictions and adversely impacted the McDowell house, the lawsuit said.
The city was served with the lawsuit late Wednesday and was “still digesting” it Thursday afternoon, City Attorney David Pfeifle said. He described the issue as a dispute between neighbors with the city caught in the middle.
Pfeifle said he hoped that the suit would “spur more meaningful discussion” and that the neighbors will resolve the issue.
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Information from: Argus Leader, https://www.argusleader.com
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