Board allows raised rear patio to remain after finding hardship; conditions no roof

The Upper Saddle River Planning Board on June 10 approved variance relief to allow a reconstructed raised rear patio and outdoor kitchen at 25 Hampshire Hill Road (Block 205, Lot 13) to remain, concluding the property's shape and topography present a hardship.

Attorney Russell Anderson said the previous patio was deteriorated and the homeowner demolished and enlarged it and added an outdoor kitchen without first obtaining permits or Board approval. Surveyor Peter Kirsch and Board planner Paul Grygiel testified that the patio sits roughly 2 feet above grade and is 25.7 feet from the side-yard setback where 35 feet is required; Grygiel said the encroachment is less than 10 feet over a 40-foot linear length and that the corner lot's two front yards and shallow rear yard produce practical difficulty.

After questioning and discussion, the Board approved the two C(1) hardship variances with the explicit condition that no roof be constructed over the patio. The motion to approve carried on a roll call vote of the members present (8 ayes). The applicant, Ronald Turso, acknowledged he replaced the patio without permits and said he will apply for the required permits and close them out following adoption of the Board's resolution.

The Board noted existing buffers: a fence on the property and trees on the neighboring lot. The record includes submitted exhibits (A-1: zoning plan; B-1: Colliers Engineering review letter) and testimony establishing the dimensional measurements and site constraints.

The action is limited to variance relief for setbacks; the applicant must pursue the municipal permit process next.