Escroda
2018-02-19 14:14:46
- #1
I'm going around in circles.
So, once again:
You want to build 5m from the northern boundary. Your setback requirement according to the state building code is 7.8m.
1. According to Art. 63, there is theoretically the possibility that the district office allows a deviation. However, it will not do so because your property can be reasonably and feasibly developed even without a deviation, and therefore the conditions for granting a deviation are not met.
2. The municipality changes the development plan so that it allows a setback calculation deviating from the state building code. Just as you yourself have written, in the sense of: For the properties north of the main access road, a setback of 5m (or 3m or 0.5H or 0.4H) to the northern boundary is sufficient.
3. You ask the neighbors whether they agree to accept the excess setback area on their property until the development plan amendment comes into effect. Then, in my opinion, no deviation requiring approval exists, and your exemption procedure can start.