Landmarks Approval of Deck
Hi, I am trying to build a deck in my rear yard which is not visible form the street but my architect is telling me that landmarks is restricting the size of the deck in order to preserve the “green belt”. I have never heard of this and thought that decks that were not visible…
Hi, I am trying to build a deck in my rear yard which is not visible form the street but my architect is telling me that landmarks is restricting the size of the deck in order to preserve the “green belt”. I have never heard of this and thought that decks that were not visible form the street (and allowed under zoning regs) were approved by landmakrs as a matter of course. has anyone heard of this “green belt” concern from landmarks or more generally have any other experience with landmarks not approving something that is 100% not visible from the street and permitted under zoniing regs? Thanks in advance for your input
update:
I used architect Jim Hill who commented above and he got Landmarks to approve the deck size I was looking for (based mostly on the fact that there are several other neighboring lots with decks and extensions that extend further into the donut than my planned deck). One thing Landmarks would not approve is a pole we wanted to put at the end of the deck to mount a light and heat lamp. Oh well, all in all a good result. THANKS JIM!
thanks for the input all. asking landmakrs to reconsider and will update to let you know how it goes.
While it’s true that Landmarks has been exerting more control in general, don’t confuse zoning with Landmarks. Something could be completely zoning compliant and still get rejected by Landmarks if it is deemed unacceptable to their standards.
JHRALEEDAP
UPA
While it’s true that Landmarks has been exerting more control in general, don’t confuse zoning with Landmarks. Something could be completely zoning compliant and still get rejected by Landmarks if it is deemed unacceptable to their standards.
JHRALEEDAP
UPA
A recent Park Slope backyard project, which was not visible from the street, went through a lengthly landmark review. Protecting the green donut, shadow-footprint expansion were some of the issues LPC’s seemed most concerned with.
To be totally transparent this project had a lot of oversight as well as issues with the neighbors.
What was such a surprise was that this even REQUIRED approval. I would have thought this to be ‘as of right’ given the existing zoning.
It is probably fair to say that the scope of LPC has been expanded to include backyard project(s), even in cases of totally attached frontage properties.
Not saying whether it’s good or not; just sayin’
Thanks, Miamigirl. I’ve just gone through this as well with the DOB and LPC. As edifice rex put it, LPC’s input on these things does vary widely with many circumstances. It will definitely help to show evidence of similar decks in the same block, and ask for more to be willing to negotiate down.
At the same time, my experience with the DOB on these things has been that any deck over 8 feet from the back of the house gets an objection based upon a memo that states the deck cannot project more than 8 feet into the rear yard. However, if the rear wall of the house is far enough away from the rear lot line that a bigger deck does not project more than 8 feet into the required 30 foot rear yard, and if you can include the deck in the permitted lot coverage, you can get a recon to allow the deck to be bigger than 8 feet. We’ve done this enough times to have a standard recon application package for large decks.
Jim Hill, RA, LEED AP
Urban Pioneering Architecture
Well having just gone thru an exactly similar thing just 6 months ago we have to agree that the architect is most likely correct.
We are doing a gut renovation but NONE of it involves the facade and the backyard is 100% not visible from the street but LPC dragged their feet and required many new drawings and photos of the proposed deck area, backyard, and door openings. Our architect worked hard and managed to get their approval but that delayed our project significantly…BTW the deck has to be completely made out of solid steel (including the flooring ( Ipe wood no longer flies) if your place is a 3 family or larger).
Our advice: don’t “fight”‘ them. Hardball is useless here! Simply take photos of all 3 sides of your backyard, make sure your drawings are accurate and maybe even a google street view film like the above poster recommended. Your architect should be able to handle the rest but whole thing can be time consuming.
Hope this helps, PdT.
I have dealt with LPC several times and found that their “standards” vary from year to year and month to month.
Your best action is to study their recent approved permits for work similar to your proposal, you can find them on the LPC website. Then provide photos, from your roof or Google maps of similar decks in any and all adjacent rear yards,also any large intrusions like extensions. Demonstrate how the “Green Belt” is already compromised If you can make a compelling case you should get approved at the staff level which is preferred. Consider asking for more than you actually want to give you some room to negotiate. They like compromise.
You may find your architect is reluctant to challenge or fight with the LPC for fear of retribution on future jobs. Get personally involved and be firm about wanting justice. Be exceedingly nice and never angry. And read the law.
See section 2-16 here http://www.nyc.gov/html/lpc/downloads/pdf/pubs/rules.pdf