Development plan like display - experiences?

  • Erstellt am 2019-04-17 02:21:31

wrobel

2019-04-17 02:21:31
  • #1
Hi

The development plan states
"on the rear non-buildable property areas, ancillary facilities according to § 14 of the Land Use Ordinance with more than 15m2 of floor space are not permitted."

A garage that extends 15m2 into this area is therefore permitted. What about a tool shed that is not adjacent to the garage? Is another 15m2 possible there?
The building authority could not provide any information by phone today. The employee was also unsure about the interpretation of the wording and said they would consult internally.

How do you assess the situation?

Olli
 

Escroda

2019-04-17 06:01:20
  • #2
Based on the zoning plan quote, this cannot be inferred, as a garage is not an ancillary structure according to §14 of the Land Use Ordinance. Zoning plan fragments without context are difficult to interpret. The exclusion or limitation of ancillary structures must also be explained in the reasoning of the zoning plan. Despite the lack of knowledge of these facts, here is my assessment: How far the ancillary structure extends into the affected area is irrelevant. A 20m² greenhouse, which stands with 19m² within the buildable area and with one square meter in the described area, is in my opinion impermissible, since the size limitation applies to the entire building. However, an exemption should be possible due to urban planning considerations. A pool with a diameter of 4m would be permissible alongside the 5m*3m greenhouse and the 2m*2m rabbit enclosure. However, with five garden houses, the approval authority will presumably exercise its discretion under §23 of the Land Use Ordinance and declare them impermissible.
 

ypg

2019-04-17 10:06:03
  • #3


One could also have written: "an outbuilding is allowed up to max. 15....." Then it would be limited.
For boundary constructions of garages, it is clearly defined that the total length of _all_ boundary constructions blablabla must not be longer than 9/12/15 meters.

Hence my humble conclusion: nothing stands in the way of another outbuilding :)
 

wrobel

2019-04-17 18:55:00
  • #4
Hello

Even with very little imagination, I can imagine both possibilities.
The building authority of course disagreed with my opinion. I had already suspected that, I don’t want to argue and have already thought of an alternative last night.

The possibility that the entire ancillary facility could be limited to 15m2 hadn’t even occurred to me. Fortunately, the building authority didn’t consider that either.

Olli
 

Escroda

2019-04-18 08:32:30
  • #5
Do you want to build more than 40m³? If not, you don't need a permit. Given the unclear wording in the development plan, I would take the risk. Argument: The development plan lacks the required clarity and definiteness of norms.
 

wrobel

2019-04-18 14:24:29
  • #6
Hello

Planned are about 75m2 garage with a height of 4.70. 15m2 will be outside. A residential house with 120m2 floor area with a finished attic. Shed roof about 5° pitch. First, the technical room should be behind the house where the 15m2 would then be exceeded. Now I am building the room a bit larger, 17m2, as a connection between the house and garage. As a result, I find that much nicer. A small courtyard is created and the connection for heating the garage does not have to run through the ground.

Olli
 

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