Neighborhood concerns regarding exemption from the floor area ratio

No idea. I'm out. Ask .

According to new information, the client has been granted a deviation under §66 Thuringian Building Code in advance for the utilization of a 50% increase of the floor area ratio set as "maximum limit of 0.3" according to the development plan to 0.45 pursuant to §19 Building Use Ordinance.

-> Nevertheless, the §66 applied here also requires the “consideration of the publicly protected neighboring interests.” Therefore, in my opinion, the neighbors should have been involved!?

-> In addition, in my opinion, this is contradicted by the violation of the upper limit for the extent of structural use of 0.4 for general residential areas according to §17 Building Use Ordinance!?

(0.45 for house and garages + 0.05 for driveways and paths = 0.5 according to information)

-> According to §19 para.4 Building Use Ordinance, “garages and parking spaces with their driveways and ancillary facilities” (so terraces and paths as well?) (parking spaces and driveway are to be summed up?) must be added to the building when determining the floor area!

Or not?

This now results in the impairment to the topographically lower-lying property that the zoning plan designation was actually supposed to avoid, in the form of an oversized building mass extending southward with the corresponding shadow cast.

Wait a moment, from my understanding the floor area ratio only defines the proportion of land use, for example the terrace is now allowed to be larger. However, the shadow is only caused by the height of the building.

Has it already been decided how and where the individual buildings will be located and what they will look like?

Yes wait, from my understanding the floor area ratio is just the share of land use, e.g. the terrace is now allowed to be bigger. But the shadow is only created by the height of the building.

A house with a larger footprint can become taller due to the area. I was also initially surprised by the argument, but if the maximum height is only derived from the area and not limited, then it can indeed be 1.2 meters. Per meter of width, the house could gain half a meter in height.

At its core, it is about the fact that a larger building only becomes possible through the deviation from the floor area ratio and only thereby a semi-detached house is made possible on this plot size. (and thus a kind of change of use)

The most important question in this context would be, (1.) whether the neighbors must be involved in the approval of the deviation according to §66 ThüBO para. 1 in accordance with the therein “public-law protected neighborly concerns” – which, for example, are also to be taken into account according to § 31 Baugesetzbuch para. 2 –? In other words, is their signature required?

(In our assessment, the neighborly concerns of the residents should outweigh the purely commercial interests of an individual.)

And (2.) does §17 Baunutzungsverordnung – with the mentioned upper limit of 0.4 in general residential buildings – apply in the development plan area? (It is not excluded in §19 Baunutzungsverordnung applied for the deviation.)

seems to be on vacation unfortunately - at least he hasn't been here for 10 days. It's a pity, the situation would be perfect for an interesting response from him...