We’re renovating a brownstone and putting in a parlor floor deck with stairs to the garden. Doing it all up and up and legal, but we’re a little unsure of our architect’s code familiarity and we’d love advice. We know we have to leave 30′ of unobstructed yard behind the house, which leaves our deck at about 10′ deep. What we’re not clear on is whether a spiral stair, that has no storage space beneath it, can penetrate the 30′ or not. As I said, insights would warrant tremendous gratitude..


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  1. I had a meeting with my expediter today and questioned the FAR issue. According to him, it does not count for FAR if the deck is more than 50% unenclosed.

  2. Sam, a lot of this is a function of the neighbors. Every single thing I wind up tying I have to delete because it comes out sounding mean…

    …just suffice to say that I am thankful to be living on a block where my neighbors care about my renovation but aren’t vindictive, and have been through it themselves, and don’t exactly have $$ to burn.

  3. Chas,

    That’s a good question. I haven’t run into any discussion of FAR pertaining to the depth of a deck, but I haven’t been looking for it either. I’d have to check on that, and quite frankly, that’s a bit too much time for me to put into an online discussion right now. We’ve been picking up a number of projects lately and I need to get to work on them.

    If someone else has the answer to this question, I’d be happy to hear it.

  4. Good code analysis re decks and rear yards. I would like to add that I have heard (but not confirmed) that sqft over 8Ft projection counts against FAR. Is this so Jimhill?
    As to canisters on rear decks, connect grill to gas line and get converter kit for grill.

  5. what I love are the youngsters who want to do things “legally” so they will file even minor jobs with the DOB, not knowing that next to selling blow on the street, getting a permit out of the brooklyn DOB is one of the most sordid and illicit exercises one can engage in.

  6. I don’t know, are you guys all a bunch of lawyers? You plan things with the idea that at some point you will need to change the c of o of your house? Well, I’m just a layman, and the less I go to the DOB the happier I am and the longer life I will have. I like the idea that you cannot carry a filled gas canister through your house. There’s a dilema! you also can’t carry them in your car if you use any of the local bridges or tunnels. Barbecuing is an OUTLAW activity in our fair city.
    meanwhile from my roof I notice that at a nearby rental tenement the residents go up and light hibachi right on the roofing membrane. There’s a real dilema, and I’m sure it’s perfectly legal.

  7. a lot of people on my block have outstanding violations causes by an extension dispute and then a neighbor calling DOB on everyone in the vicinity with an extension.

    I don’t believe its illegal to carry the canister through the house…its only illegal to store it in the house. BTW besides a crane you can have it helicoptered in. There is a service that does that its 18003253535.

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