ᐅ Obtaining an Exemption from the Zoning Plan – How to Proceed?
Created on: 11 Apr 2020 09:58
S
Specki
Hello everyone,
I need some assistance with our project. Since many here have probably gone through something similar, I thought I might get some good advice.
Starting point:
Land plot available
We want to build a single-family house (possibly with a granny flat).
Currently, there are 2 adults with 2 children (2 and 4 years old). The house will be used by us. The plan is to create a small granny flat upstairs that will later be rented out once the children have left home.
The following (relevant) requirements come from the development plan from 1974:
- Ridge orientation East-West
- Strictly single-story
- Knee wall max. 50 cm (20 inches)
- Roof pitch between 22° and 28°
Attached is an excerpt from the development plan. The plot outlined in purple is the one in question. The houses shown in red do not exist; they were just added for planning purposes.
We would like to change the ridge orientation and raise the knee wall to 1 m (3 ft 3 in), or preferably 1.25 m (4 ft 1 in), because otherwise the house would be too small.
I first went to the building authority and spoke with the responsible lady there.
She looked at the plans and said that from her side it is not a problem initially, but I need to speak with the district office (Landratsamt, LRA), as they have to approve it. She gave me the contact details.
I then called the gentleman at the district office. He said it would be difficult and advised me to submit a formal preliminary building inquiry. So, I sent an email to both the gentleman at the district office and the lady at the building authority.
A relatively quick reply came from the district office:
Quote:
“The development plan ‘XXX’ of the city of XXX is certainly somewhat outdated, and nowadays the designated house types would probably look different. However, the development plan still serves as the legal basis for issuing building permits—any planned construction project must therefore comply with the regulations set therein.
Regarding the ridge orientation, this is more of an aesthetic specification for the planned location than a higher-level urban planning objective—subject to approval from the city of Buchloe, a waiver (which needs to be applied for) for changing the ridge orientation can therefore be considered.
It is different with the knee wall specification. This is a requirement based on urban and regional planning reasons. So far, no exemptions have been granted here, so your plans must comply with the existing regulations. The district office of Ostallgäu, after consultation with our legal building advisor, cannot promise an exemption. To achieve a corresponding increase in the knee wall or possibly the creation of a second full storey, the development plan in this area would have to be amended.”
After that, I was pretty discouraged and sent another email asking if at least the roof pitch could be changed. This was about a week ago, and I haven’t received a reply yet.
Two days ago, I met another person from the city’s building department. He was working behind our property on the road planned there.
I chatted with him a bit. He said he understands that we want to deviate from the development plan. However, he has no influence in this matter because it is not his responsibility. I am already dealing with the right people at the district office and the building authority. I just need to talk again to the gentleman at the district office. Perhaps I could get approval from the neighbors or other people in the same building area (marked in blue on the plan) for my deviation.
He also said it wouldn’t be easy because of equal treatment rules and to avoid everyone wanting to deviate.
Changing the development plan would be unrealistic and could take up to two years. I can probably forget about that, especially since there are only three free building plots left in that field anyway.
So, that’s the situation now.
We definitely want to raise the knee wall a bit.
We don’t want to build a bungalow because that would reduce too much garden space.
With a 50 cm (20 inches) knee wall, you can’t really get usable rooms upstairs.
I am grateful for any tips or suggestions on how we could still achieve our goal.
Thanks in advance!
Best regards,
Specki
I need some assistance with our project. Since many here have probably gone through something similar, I thought I might get some good advice.
Starting point:
Land plot available
We want to build a single-family house (possibly with a granny flat).
Currently, there are 2 adults with 2 children (2 and 4 years old). The house will be used by us. The plan is to create a small granny flat upstairs that will later be rented out once the children have left home.
The following (relevant) requirements come from the development plan from 1974:
- Ridge orientation East-West
- Strictly single-story
- Knee wall max. 50 cm (20 inches)
- Roof pitch between 22° and 28°
Attached is an excerpt from the development plan. The plot outlined in purple is the one in question. The houses shown in red do not exist; they were just added for planning purposes.
We would like to change the ridge orientation and raise the knee wall to 1 m (3 ft 3 in), or preferably 1.25 m (4 ft 1 in), because otherwise the house would be too small.
I first went to the building authority and spoke with the responsible lady there.
She looked at the plans and said that from her side it is not a problem initially, but I need to speak with the district office (Landratsamt, LRA), as they have to approve it. She gave me the contact details.
I then called the gentleman at the district office. He said it would be difficult and advised me to submit a formal preliminary building inquiry. So, I sent an email to both the gentleman at the district office and the lady at the building authority.
A relatively quick reply came from the district office:
Quote:
“The development plan ‘XXX’ of the city of XXX is certainly somewhat outdated, and nowadays the designated house types would probably look different. However, the development plan still serves as the legal basis for issuing building permits—any planned construction project must therefore comply with the regulations set therein.
Regarding the ridge orientation, this is more of an aesthetic specification for the planned location than a higher-level urban planning objective—subject to approval from the city of Buchloe, a waiver (which needs to be applied for) for changing the ridge orientation can therefore be considered.
It is different with the knee wall specification. This is a requirement based on urban and regional planning reasons. So far, no exemptions have been granted here, so your plans must comply with the existing regulations. The district office of Ostallgäu, after consultation with our legal building advisor, cannot promise an exemption. To achieve a corresponding increase in the knee wall or possibly the creation of a second full storey, the development plan in this area would have to be amended.”
After that, I was pretty discouraged and sent another email asking if at least the roof pitch could be changed. This was about a week ago, and I haven’t received a reply yet.
Two days ago, I met another person from the city’s building department. He was working behind our property on the road planned there.
I chatted with him a bit. He said he understands that we want to deviate from the development plan. However, he has no influence in this matter because it is not his responsibility. I am already dealing with the right people at the district office and the building authority. I just need to talk again to the gentleman at the district office. Perhaps I could get approval from the neighbors or other people in the same building area (marked in blue on the plan) for my deviation.
He also said it wouldn’t be easy because of equal treatment rules and to avoid everyone wanting to deviate.
Changing the development plan would be unrealistic and could take up to two years. I can probably forget about that, especially since there are only three free building plots left in that field anyway.
So, that’s the situation now.
We definitely want to raise the knee wall a bit.
We don’t want to build a bungalow because that would reduce too much garden space.
With a 50 cm (20 inches) knee wall, you can’t really get usable rooms upstairs.
I am grateful for any tips or suggestions on how we could still achieve our goal.
Thanks in advance!
Best regards,
Specki
H
hampshire13 Apr 2020 14:41Specki schrieb:
Regarding the main topic: What really hurts me is the massive loss of space. So the challenge is: How do I make the space between the knee wall and the short wall usable?
Here are some ideas:
- Install a small door and use the space as storage for rarely used items, such as seasonal decorations (Christmas, Easter...) or winter clothing or...
- A “secret” connecting tunnel with a hidden chamber between children's rooms. Imagine the play possibilities the “dead” space suddenly offers!
- Add sliding doors in front and use it as a horizontal cupboard
- Fancy a “climbable” terrarium?
We carved out some space on our mezzanine above the cooking area and created a short wall with storage space behind it. This has proved to be very practical, even though as an “older man” I find it tedious to crawl in and retrieve something. However, only rarely needed items are stored there.
@hampshire
I like the idea! I will give it some more in-depth consideration.
What might be problematic is that in a "storage room" there is hardly any air exchange. Could this cause issues with mold? Otherwise, I would have to include the room in the controlled mechanical ventilation system.
I like the idea! I will give it some more in-depth consideration.
What might be problematic is that in a "storage room" there is hardly any air exchange. Could this cause issues with mold? Otherwise, I would have to include the room in the controlled mechanical ventilation system.
I find the idea of a built-in closet (partially) instead of a knee wall appealing. However, I no longer recommend creating an opening into a crawlable storage space in today’s energy saving regulation era, as this seems to me more complex for ensuring the thermal envelope than the storage gain justifies.
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H
hampshire13 Apr 2020 16:47Specki schrieb:
What might be problematic is that there is no real air circulation in such a "storage room." Could this lead to mold issues?In our timber-framed house, this is absolutely not a problem. In the knee-wall space, there is no buildup of moisture. However, beneath the knee-wall space, there is only a 5cm (2 inch) wooden floor, which also serves as the ceiling above the dining area – this construction is likely to be more solid in your case.Ok, the architect or the general contractor will have to tell me if this is feasible or if there could be any issues.
Overall, I find the idea quite appealing to create an additional storage room out of it. This way, each child’s bedroom could have its own small storage closet. The actual storage/workroom would then be a bit larger, with maybe a partition wall or something similar.
My neighbor, with whom we have a good relationship, is a carpenter. He might have some good ideas for this and could possibly carry out the work if it becomes too complicated for me.
Overall, I find the idea quite appealing to create an additional storage room out of it. This way, each child’s bedroom could have its own small storage closet. The actual storage/workroom would then be a bit larger, with maybe a partition wall or something similar.
My neighbor, with whom we have a good relationship, is a carpenter. He might have some good ideas for this and could possibly carry out the work if it becomes too complicated for me.
H
hampshire13 Apr 2020 17:26The implementation is very simple: wooden frame and Fermacell. Insert a door or hatch, finish the surface (paint, plaster, wallpaper...). Done. Inside, you can see the wooden frame. So what. Minimal costs.
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