Deviation from the development plan in the new construction area is possible

...our architect was specially at the municipality in December and clarified exactly the points that are now being criticized

... which strengthens my suspicion that he's a loser. Or does he have anything in writing?

I don't understand the whole sentence

You don't have to, but your architect does.

Jana can't avoid waiting anyway

Yes, if she submits a planning tailored to the property to the municipality. Of course, this includes breaking ingrained thought patterns. But if the information is disclosed here by the salami method, you can't expect help.

Wasn't there somewhere something about the floor plan being worked on for a year? And that structural builders are scarce and therefore construction should start in April?

I somehow can't imagine that after a year of planning and falling in love with (or fixating on) the floor plan, a completely new plan is ready within a few days, which also meets all the deadlines of the exemption procedure (legal certainty – apparently not to be underestimated by the architect...) in time.

The structural builder will probably be doing something else in April than Jana's house, which I feel sorry for her. But if at least the time pressure is off now, one could either wait for the zoning plan amendment or really plan something completely different.

So I want to thank you all again for your input. The original question in this thread was about whether the municipality can grant me an exception before the new development plan is created.

I actually did not want to clarify the optimal location of the house or the floor plan here or raise the question about it. Perhaps this creates the impression of a divide-and-conquer tactic. Because I can and want to respond to proposals and questions about the whole thing only after I explain why something is the way it is.

For me and my needs, the floor plan is perfect; for the reasons mentioned above, I also do not want to change the ridge direction.

In this case, basically all parties involved "messed up." Not least me, since apparently I should have looked into the whole setback issue myself instead of relying on the architect or on the fact that the development plan already regulates everything well.

All involved authorities etc. will meet next week and at least for the newly emerged issues a solution will have to be found (filling and retaining wall), because I will definitely have to start construction in April. Whether it be a building permit with deviations or something else.

But I will probably have to say goodbye to the topic of the ideal setback area.

I actually didn’t want to clarify or ask the question about the optimal location of the house or the floor plan here.

And you still don’t want to – unfortunately not even if that is the solution. You don’t want to see it because you have already grown too fond of the floor plan.

From your point of view, only such a stupid setback area stands in the way of your dream, so it must be exempted. And then "only" the excavator has to come and push earth around to waist height and cram it behind a retaining wall.

My view, on the other hand, is as follows: the only real development difficulty of your property lies in your unwillingness to rotate the building mass to fit the property. Be grateful for the building regulations framework: the restrictions on how much terrain one may reshape also protect the builders themselves – namely from having spent more money on landscaping in the end than on the actual house. Free yourself from the delusion that constant polar night reigns in the north quadrant of a property.

You think your development plan has errors? – You’re right, development plans are discussed by the decisive municipal councils as bird’s-eye view pictures. It is typical for hillside development areas that there are incorrect specifications of eave heights that do not work for at least a quarter of the lots. This should be corrected. However, what such a correction cannot do is to ensure that one can guiltlessly choose a property on the wrong side: there will be no official decree granting your property simply two south sides (just so that despite a south street you also get a south garden without having to invest in setback areas; or so that your floor plan fits without rotating and/or mirroring). Rotating the house axis against the property axis was your mistake and nobody else’s. The only effective remedy is therefore: rotate back. Being stubborn won’t get you anywhere here.

I had already told you the "political" way out, but I think you will still be grateful to your property that it supposedly stood in the way of your dream. What looks like a bitter pill will prove to be a path to the light.

How do you come to the conclusion that this rotation is the best solution?

Unfortunately, no one could answer my question why, out of 100 properties, 99 houses are not rotated... is everyone planning incorrectly?!!

How do you come to the conclusion that this rotation is the best solution?

Unfortunately, no one could answer my question why out of 100 plots, 99 houses are not rotated... is everyone planning incorrectly?!!

Probably because the plot and the house are planned and considered as one unit