Issue with the eaves height (rental apartment in the attic)

Hello,

we are currently planning a multi-family house with 5 residential units for permanent rental.

The development plan is quite restricted, and therefore we are currently at our wit's end because there is a problem with the eaves height. The building is to be constructed by a general contractor, but unfortunately, the planners there are not very motivated to try many changes and approaches (but that is another issue).

It is stipulated in the development plan that the total height must not exceed 9 meters and the eaves height must not exceed 6 meters. The following is stated:

Allowable is a base height (top edge of the raw floor) of at least 30 cm and at most 50 cm above the street height defined in the development planning. Visibly offset bases may be visible up to a maximum height of 60 cm. The fixed maximum building height (9 meters) refers to the actual base height.

The maximum eaves height for two-story structures is a maximum of 6 meters above the base height.

Is it possible to somehow apply a trick so that the eaves height can be calculated differently, i.e., set lower?

If we now set the eaves height at 6 meters, in my opinion, the attic apartment will no longer be habitable because the 2.30-meter line and the 2-meter line move too far inward. The building is already drawn so that the floor area ratio and the plot ratio are exceeded. The plot is only 670 sqm.

I have attached the section and the attic apartment as an appendix. The layout is currently only fictitious and serves only for overview.
I have also attached the passage from the development plan.

Can anyone help us?

I would be very grateful for support.

in my opinion, the attic apartment will no longer be habitable,

That would be only a small step compared to the current plan (not habitable). I recommend omitting this fifth residential unit and upgrading one of the upper floor apartments to a maisonette – this also eases the parking situation.

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The development plan is quite heavily restricted
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Is it somehow possible to apply a trick to calculate the eaves height differently, meaning to set it lower down?

It is likely to be difficult, as the urban/planners certainly considered which building form is desired. That is actually the purpose of such a development plan.

Perhaps you can try via an exemption application; if you provide a good justification, this could possibly be approved.

Oh look, I have a deja vu :)

Oh look, I have a déjà vu :)

Now they're even asking on FB...

Now they are also asking on FB...

And again there only in fragments (which honestly look like amateur planning copied from the GU); somehow Marcel/Dustin probably doesn't really want to make progress there ...