A friend of mine is dealing with a plot of land that has the following issue:
The building parameters were significantly reduced due to an amendment of the development plan (including reclassification into a different section), changing from
two full floors / site coverage ratio 0.4 / floor area ratio 0.8 to
one full floor / site coverage ratio 0.4 / floor area ratio 0.5 –
in addition, the opposite side of the street can be developed continuously under §34 (planning permission exemption), as there is no development plan there at all.
On the uphill side, two full floors and a recessed floor rise above the street-level underground garage,
but on the downhill side, only a bungalow is now allowed.
How do you assess the chances of obtaining an exception for
a) reverting to the old rules that were valid until three years ago,
b) exclusion from the scope of the plan in order to apply §34 as on the opposite side?
https://www.instagram.com/11antgmxde/
https://www.linkedin.com/company/bauen-jetzt/
The building parameters were significantly reduced due to an amendment of the development plan (including reclassification into a different section), changing from
two full floors / site coverage ratio 0.4 / floor area ratio 0.8 to
one full floor / site coverage ratio 0.4 / floor area ratio 0.5 –
in addition, the opposite side of the street can be developed continuously under §34 (planning permission exemption), as there is no development plan there at all.
On the uphill side, two full floors and a recessed floor rise above the street-level underground garage,
but on the downhill side, only a bungalow is now allowed.
How do you assess the chances of obtaining an exception for
a) reverting to the old rules that were valid until three years ago,
b) exclusion from the scope of the plan in order to apply §34 as on the opposite side?
https://www.instagram.com/11antgmxde/
https://www.linkedin.com/company/bauen-jetzt/
It would be interesting to know why the building plan was changed.
Perhaps the municipality wants to limit the somewhat tall urban villas / two-story houses?
One exception leads to a second exception... what would the argument for the exception be?
How many square meters of land are we talking about?
Perhaps the municipality wants to limit the somewhat tall urban villas / two-story houses?
One exception leads to a second exception... what would the argument for the exception be?
How many square meters of land are we talking about?
I am currently researching the history. There is a dilapidated building on the plot, older than the first development plan from 1968, with its eaves height at street level. The replacement for this building is desired to be positioned close to the street with a setback about the length of a parking space, similar to the neighboring houses. According to the older plan (two full floors), it would have been possible to raise the roof by one story so that the upper floor would be at street level, although set back by about two-thirds of the house depth compared to the neighbors.
There is no overabundance of townhouses in that area.
We are talking about 532 sqm (5,726 sq ft) = 212 sqm (2,282 sq ft) floor area ratio before/after and 424 sqm (4,564 sq ft) / 266 sqm (2,864 sq ft) gross floor area before/after; but more importantly, before "ground floor possible at street level" and afterwards "ground floor would have to be elevated on stilts because the basement alone, due to its protrusion, would count as a full floor."
https://www.instagram.com/11antgmxde/
https://www.linkedin.com/company/bauen-jetzt/
There is no overabundance of townhouses in that area.
We are talking about 532 sqm (5,726 sq ft) = 212 sqm (2,282 sq ft) floor area ratio before/after and 424 sqm (4,564 sq ft) / 266 sqm (2,864 sq ft) gross floor area before/after; but more importantly, before "ground floor possible at street level" and afterwards "ground floor would have to be elevated on stilts because the basement alone, due to its protrusion, would count as a full floor."
https://www.instagram.com/11antgmxde/
https://www.linkedin.com/company/bauen-jetzt/
11ant schrieb:
What do you think are the chances for an exception here? The owners should have been more involved during the public consultation process. Once the amendment is legally binding, the obsolete regulations no longer matter, unless legal action is pursued.
But you yourself often write this in other threads:
11ant schrieb:
Upload the plot and the excerpt from the zoning plan, then it’s easier to assess. 11ant schrieb:
Please upload the zoning plan, and ideally a Google Earth image as well. 11ant schrieb:
Then please upload two things here: an excerpt of the zoning plan and the plot. ...
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