Meaning of spatially effective garages

The 5 meters were also not chosen without consideration, because this automatically creates a fully functional parking space in front of each garage.

Best regards
Dirk Grafe

Hi,

I have to bring this up again because things are getting more concrete on our end. Our house has now been built and now it's time for the carport.

We have the "special feature" that the carport is not to be positioned perpendicular to the street, but parallel to it. The parking spot would be one meter from the property boundary. In front of the carport, there are at least 5 meters before it bends 90° onto the street.

I suspect that the 5m in the development plan were included so that you don't stand on the street, for example if you have a garage with a door that needs to be opened first. In our case, you can drive directly onto the property without obstructing anyone in the dead-end street.

How do you see it? Can the development plan be interpreted such that the 5m distance is the space between the street and the carport, or would you assume that our case with a parallel carport is also covered?

It should be noted that the street makes a curve in the area of the carport and the distance is just under 5m. However, the sidewalk runs parallel to the property boundary.

Regards.
teutates

I was told that the 5m are usually kept clear where the city and/or traffic planners expect a road widening at some point in the future. But in principle, all reasons here are more or less plausible.

Funny anecdote: In the run-up to the planning, I was always told 5m distance from the road and that nothing else is allowed there, they must be kept clear, not even a garbage bin shelter is allowed there. But the neighbor built 4m to the street. I had 4.6m in the application, it was approved without problems. At some point, someone said the 5m are measured from the center of the street. I don’t quite believe that either, but how it really is, I will probably never find out...

I suspect that the 5m in the development plan was included so that you don't stand on the street when, for example, you have a garage with a gate and first have to open it.

Call the building authority. If you are right and there are no other reasons behind it (avoidance of visual obstruction, ensuring visitor parking space), then you should have favorable conditions for a waiver application. Make it as easy as possible for the caseworker to view your request favorably (for example, with a to-scale sketch).

I suspect that the 5m were included in the development plan so that you are not standing on the street, for example when you have a garage with a gate that first needs to be opened.

This contradicts the quote you yourself posted in the opening post:

This ensures the desired open and loose development structure and contributes to a high-quality residential environment.

Unfortunately, it does not say where this comes from. In any case, it does not sound like an excerpt from the textual provisions. If it was taken from the justification, even a waiver would probably be difficult, because this provision would then likely belong to the basic principles of the planning. If you want to have a few assessments here, we need the development plan including the textual provisions in the exact wording and ideally also the justification.

After reminded me that I already had a thread on this topic here, this needs to be revisited. We have now been living here for a while and really want to tackle the issue – it’s about time.

Before we approach the municipality to ask whether an exception/exemption is possible, a few new assessments here would be great.

Justification in the development plan regarding garages:

Parking spaces and garages as well as subordinate ancillary facilities are generally permitted on the properties also outside the buildable area of the property.
Excluded from this are the property areas that lie within a depth of 5 m along the street boundary line (streets and paths). Here, spatial garages including carports as well as ancillary facilities are not permitted. Of course, this does not affect the permitted property enclosures according to the local building regulations. This ensures the intended open and loose building structure and contributes to a high-quality living environment.

Textual regulation:

Garages and carports within the meaning of § 12 BauNVO and ancillary facilities within the meaning of § 14 para. 1 BauNVO except for property enclosures are not permitted within a distance of 5 m to street traffic areas. (§ 9 (1) No. 2 Building Code in conjunction with § 23 BauNVO)

Additionally, there is now the particularity that someone in the area has built a carport with less than 5m distance – he has received an exception/exemption. Interestingly, however, he knew the building official from his youth.