Hello,
I have a question regarding the development plan that applies to our plot.
What exactly is meant by "enclosed garages"? We need to build our driveway on the southwest side of the plot, and our carport was originally planned right on the boundary to the southeast (we have an edge plot, so there is nothing further east). According to the development plan...
I have a question regarding the development plan that applies to our plot.
Parking spaces and garages as well as secondary ancillary structures are generally permitted on the plots outside the buildable area.
An exception to this is the plot areas that lie within 5 meters (16 feet) from the street boundary line (streets and paths). Here, enclosed garages including carports as well as ancillary structures are not allowed. This, of course, does not affect the permitted property boundary fences according to the local building regulations. This ensures the desired open and spacious development layout and contributes to a high-quality residential environment.
What exactly is meant by "enclosed garages"? We need to build our driveway on the southwest side of the plot, and our carport was originally planned right on the boundary to the southeast (we have an edge plot, so there is nothing further east). According to the development plan...
Hello,
I need to revisit this topic because things are becoming more concrete for us now. Our house has been built, and now we are moving on to the carport.
Our “special case” is that the carport is not perpendicular to the street but instead runs parallel to it. The parking space would be one meter (3 feet) from the property line. In front of the carport, there is at least five meters (16 feet) before the road bends at a 90° angle.
I suspect that the five meters (16 feet) mentioned in the development plan were included to ensure that vehicles don’t block the road when, for example, a garage gate needs to be opened. In our case, you can drive directly onto the property without obstructing anyone in the cul-de-sac.
What do you think? Is it possible to interpret the development plan so that the five-meter (16 feet) distance refers to the space between the street and the carport, or would you assume that our situation with a parallel carport is also covered by this rule?
It should be noted that the street curves in the area near the carport and the distance is just under five meters (16 feet). However, the sidewalk runs parallel to the property boundary.
Regards,
teutates
I need to revisit this topic because things are becoming more concrete for us now. Our house has been built, and now we are moving on to the carport.
Our “special case” is that the carport is not perpendicular to the street but instead runs parallel to it. The parking space would be one meter (3 feet) from the property line. In front of the carport, there is at least five meters (16 feet) before the road bends at a 90° angle.
I suspect that the five meters (16 feet) mentioned in the development plan were included to ensure that vehicles don’t block the road when, for example, a garage gate needs to be opened. In our case, you can drive directly onto the property without obstructing anyone in the cul-de-sac.
What do you think? Is it possible to interpret the development plan so that the five-meter (16 feet) distance refers to the space between the street and the carport, or would you assume that our situation with a parallel carport is also covered by this rule?
It should be noted that the street curves in the area near the carport and the distance is just under five meters (16 feet). However, the sidewalk runs parallel to the property boundary.
Regards,
teutates
I was told that the 5 meters (16 feet) are usually kept clear where city and/or traffic planners anticipate the need for road widening at some point in the future. But basically, all the reasons here are more or less plausible.
Funny anecdote: Before the planning phase, I was always told to keep a 5-meter (16 feet) distance from the street, and nothing else is allowed there—not even a bin shelter. However, the neighbor built just 4 meters (13 feet) from the street. I applied for 4.6 meters (15 feet) and got approval without any problems. At some point, someone mentioned that the 5 meters (16 feet) are measured from the center of the street. I’m not entirely convinced either, but how it’s really supposed to be done—I probably will never find out...
Funny anecdote: Before the planning phase, I was always told to keep a 5-meter (16 feet) distance from the street, and nothing else is allowed there—not even a bin shelter. However, the neighbor built just 4 meters (13 feet) from the street. I applied for 4.6 meters (15 feet) and got approval without any problems. At some point, someone mentioned that the 5 meters (16 feet) are measured from the center of the street. I’m not entirely convinced either, but how it’s really supposed to be done—I probably will never find out...
teutates schrieb:
I suspect that the 5m (16 feet) setback in the development plan was included to prevent vehicles from blocking the street, for example when opening a garage door. Contact your local building authority. If you are correct and there are no other reasons behind it (such as preventing visual obstruction or ensuring visitor parking), you should have a good chance of obtaining a variance or exemption. Make it as easy as possible for the official to approve your request, for example by providing a to-scale sketch.
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teutates schrieb:
I suspect that the 5m (16.4 ft) setback in the development plan was included to prevent standing in the street when, for example, opening a garage door. However, this contradicts the quote you posted yourself in the opening post:
teutates schrieb:
This ensures the intended open and spacious development structure and contributes to a high-quality residential environment. Unfortunately, the source of this quote is not provided. It does not sound like an excerpt from the formal textual provisions. If it comes from the justification report, even an exemption might be difficult, since this provision would likely be part of the fundamental planning principles.
So, if you want some assessments here, we need the development plan including the full wording of the textual provisions and ideally also the justification report.
After being reminded by @11ant that I already started a thread on this topic here, I need to revisit it. We have been living here for a while now and really want to address this issue — it’s about time.
Before we approach the local council to discuss whether an exception or exemption is possible, it would be great to get some updated assessments.
Justification in the development plan regarding garages:
Textual provision:
Additionally, there is now the special case that someone in the area built a carport with less than 5 meters (16 feet) distance — they obtained an exception or exemption. Interestingly, they knew the head of the building authority from their youth.
Before we approach the local council to discuss whether an exception or exemption is possible, it would be great to get some updated assessments.
Justification in the development plan regarding garages:
Parking spaces and garages as well as minor auxiliary structures are generally allowed on the properties even outside the buildable area.
An exception applies to the parts of the property that lie within 5 meters (16 feet) from the street boundary line (streets and pathways). Here, volume-impacting garages including carports and auxiliary structures are not permitted. This of course does not affect the permitted property enclosures according to the local building regulations. This regulation ensures the desired open and spacious development structure and contributes to a high-quality residential environment.
Textual provision:
Garages and carports as defined in § 12 of the Federal Land Utilization Ordinance (BauNVO) and auxiliary structures as defined in § 14 (1) of the BauNVO, with the exception of property enclosures, are not permitted within a distance of 5 meters (16 feet) from traffic areas. (§ 9 (1) no. 2 Federal Building Code in conjunction with § 23 BauNVO)
Additionally, there is now the special case that someone in the area built a carport with less than 5 meters (16 feet) distance — they obtained an exception or exemption. Interestingly, they knew the head of the building authority from their youth.
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